Vasudevan
08 January 2018 at 15:30
Respected Learned Experts,
There was an accident in month of August 2017 while I was driving my car. The victim has suffered bodily injuries and fracture in his left leg. The victim was temporarily disabled for 4 months. Now he has made claim under Motor Vehicle Act, 1988 for Rs.30 lakhs. I had a valid insurance policy taken in New India Assurance Co who is also included as 2nd party in the case. Some are telling that it is just enough to handover a signed vakkalat to Insurance Co. who will follow the issues. Whether I am liable to pay any compensation to the victim? Whether I have to engage a separate advocate to defend my side. What is the legal procedure adopted in this case. Kindly clarify and oblige,.
Thanking you in advance.
sneha gupta
08 January 2018 at 12:08
Experts, my spouse has got interim bail against FIR in S498a which is allowed in usual circumstances as per new SC orders, but he has now applied for cancellation of FIR u/s482 CPC in HC. Please tell how to defend it, since cancellation of FIR will my case very weak. Also while he was in interim bail he is blackmailing me to take back case, therefore what grounds should i make to keep this report before the court? and file petition to cancel the bail.
Anonymous
08 January 2018 at 12:08
Does the certificate granted under Rule 27 of The Legal Metrology (Packaged Commodities) Rules, 2011 need to be renewed after a specific period? If yes, under what provision and what is the renewal period?
Kumari Snigdha
08 January 2018 at 09:12
I had taken a personal loan from the bank in 2008 for rs 5 Lac to be repaid in 3 yes .. repaid 5 instalment of rs 16000 each n didn't repay after that..had given 3 undated signed cheques of 2 Lac each at the time of disbursement..the loan became time barred in in 2014.. now in 2017 the recovery agent is harassing me.. my Q is can the bank use the old cheques to recover the debt even though the limitation period has elapsed & the debt is presently not legally enforceable. Plz advise
by Kumari Snigdha on 04 January 2018
My topic is recovery of time barred debt Vs post dated cheques
by Kumari Snigdha on 04 January 2018
My topic is recovery of time barred debt Vs post dated cheques
by Kumari Snigdha on 04 January 2018
My topic is recovery of time barred debt Vs post dated cheques
by Nitish Banka on 04 January 2018
Dear Snigdha,
Bank can use undated cheques and you may be prosecuted U/s NI 138 if chques are bounced. The cheques can be used as acknowledgement of debt and Limitation period can be revived.
Adv. Nitish Banka
9891549997
by Rama chary Rachakonda on 04 January 2018
The High Court clearly held that if a cheque is issued for a time barred debt and it is dishonoured the accused cannot be convicted under Section 138 of the N.I. Act. simply, on the ground that the debt is not legally recoverable.
Yogesh
07 January 2018 at 21:11
Hi
My Cheque Bounce Case Summary:
One of my friend took 2Lakhs money from me. He showed one property (site 30X40) and told me that he’ll buy that for me(as a mediator) . As he is my friend I believed him and gave 2 Lakh but later he didn’t buy it. He cheated me. He used my money for himself and after asking he gave me two post dated cheques which are get bounced later. Now I lodged only criminal case/compliant (civil case didn't put, because my lawyer cheated me, he didn't tel/guide ) against him in court. If he ready to go jail also. how can i get my money back? Please help
Hi, Judgement came as
cheque 1 : "The accused is sentenced to pay fine of RS. 1,45,000 /- and in default to undergo SI for 9 months. Out of fine amount RS.1,44,000 /- shall be paid to the complaint as compensation U/s 357 Cr.P.C. The fine amount shall be recovered from the accused personally and from his estate".
cheque 2 : "The accused is sentenced to pay fine of RS. 35,000 /- and in default to undergo SI for 9 months. Out of fine amount RS.34,000 /- shall be paid to the complaint as compensation U/s 357 Cr.P.C. The fine amount shall be recovered from the accused personally and from his estate".
Questions:
1. will total simple imprisonment become 9 + 9 = 18 months or it is 9 months only?
2. I did not filed civil case/suit earlier (Actually, my lawyer cheated me he didn't told me that we need to file civil case also. so i didn't file.) . Now after judgement if convict go to prison. then how can i recover my compensation amount?
3. will it benefit, if i go appeal in session court regarding increasing punishment/imprisonment
4. what should be my next step?
Please anyone suggest me.
jyoti
07 January 2018 at 17:04
i want to know what is the priority of land over sale deed agreement and registered sale deed. is it possible high court cancle the sale deed becouse of land is under mortrage. but suit filed after registred sale deed
Mr Sreejit
07 January 2018 at 13:30
1. In Oct 2013, a crime of (a) Illegal Criminal Trespass committed at the House of complainant/Landlady when she was entering her house, (b) Criminal Intimidation (threat to murder) and (c) Wrongful Restraint made to her.
2. She went to local PS and deposited a written complaint and also showed to the Officials including a Lady Officer, the mobile photo/video she took at the time of trespass by the 'men' of the offender. She wanted the PS to arrest the offender as he is an accused in an earlier case with the same complainant and under bail.
3. The bail terms states that he cannot threat or cause any sort of trouble to her.
4. PS harassed the lady complainant even at late hours (from 6:30 pm to 8:30 pm) and ultimately denied to lodge complaint.
5. Aggrieved by this she spoke to ACP of her jurisdiction, who guided her to deposit the same at DCP's office (the ACP is attached to the DCP of this jurisdiction).
6. She ran to the Dc office and deposited the complaint at about 8:50 pm. As the situation is beyond control and threat to her life she discontinued staying in her own house and stayed elsewhere.
7. She visited the DCP's office to enquire of the status of her complaint. As no proper response given, she gave a reminder of the earlier complaint letter and also intimated her new address where she requested to give intimation of FIR or GD details made on her complaint.
8. Meanwhile the offender had taken a different 'awatar' and made a malicious civil suit with fake and fabricated documents, and obtained exparty order of i junction and the land lady is contesting eversince. ( Pathetically, It is still in 'Hearing Injunction Petition stage'..!!). NEVERTHELESS, the local PS had done a lote of hardwork, manipulation, favour in 'installing' such a malicious and vexacious case.
8. She made a complaint of the incident at NHRC portal in 2017 about the Oct 2013 incident. In reply to it the Commissioner of Police replied on 3/1/2018 that the PS booked an FIR two days after the reported date of incident of crime and submitted FRT (FINAL REPORT) the next year. FRT date not mentioned in the report.
9. This fact of CONCEALED FIR AND FRT SHOCKED THE VICTIM.
10. Inspite of intimating the new communication address she was kept in dark about the whole criminal process. Her RIGHT TO JUSTICE, OPPORTUNITY TO PROSECUTE HER CASE was denied.
QUERY:
1. What is the Legal Remedy available right now?
i
2. Due to this hidded legal process she was not able to produce her evidenc in court.
What can be done at this point of time for
1. ARREST AND PUNISHMENT OF THE OFFENDER AS HE VIOLATED THE BAIL TERMS ?
2. ACTION ON OFFICIALS FOR NOT TAKING LAWFUL ACTION (BOOKING FIR AND INVESTIGATION UPON IT AT THE TIME COMPLAINT LETTER WAS TENDERED)
3. CAN REFERRING THE CASE OF (Crl.) 68 of 2008 in Lalit Kumar V. Govt. of U. P. BE OF ADVANTAGE?
2. TRUE, FAIR AND QUICK RE-INVESTIGATION ( actually no previous investigation happened at all.)
3. QUASHING THE CIVIL SUIT WHICH IS LYING ON THE FALSE AFFIDAVIT AND SUBMISSIONS FOR WHICH CRIMINAL CASE IS THE BASE?
PLEASE NOTE : This is a real case, not academic or fictitious, I request the eminent Experts and Legal Fraternity members to kindly spare some time and give a suitable solution so that justice be given to a victim lady. The Land Lady is the Legal Owner and Letter of Administration Holder, which is issued by the Chief of the District Court , under one of who's bench the malicious civil suit is STILL RUNNING.
Mr Sreejit
07 January 2018 at 13:28
1. In Oct 2013, a crime of (a) Illegal Criminal Trespass committed at the House of complainant/Landlady when she was entering her house, (b) Criminal Intimidation (threat to murder) and (c) Wrongful Restraint made to her.
2. She went to local PS and deposited a written complaint and also showed to the Officials including a Lady Officer, the mobile photo/video she took at the time of trespass by the 'men' of the offender. She wanted the PS to arrest the offender as he is an accused in an earlier case with the same complainant and under bail.
3. The bail terms states that he cannot threat or cause any sort of trouble to her.
4. PS harassed the lady complainant even at late hours (from 6:30 pm to 8:30 pm) and ultimately denied to lodge complaint.
5. Aggrieved by this she spoke to ACP of her jurisdiction, who guided her to deposit the same at DCP's office (the ACP is attached to the DCP of this jurisdiction).
6. She ran to the Dc office and deposited the complaint at about 8:50 pm. As the situation is beyond control and threat to her life she discontinued staying in her own house and stayed elsewhere.
7. She visited the DCP's office to enquire of the status of her complaint. As no proper response given, she gave a reminder of the earlier complaint letter and also intimated her new address where she requested to give intimation of FIR or GD details made on her complaint.
8. Meanwhile the offender had taken a different 'awatar' and made a malicious civil suit with fake and fabricated documents, and obtained exparty order of i junction and the land lady is contesting eversince. ( Pathetically, It is still in 'Hearing Injunction Petition stage'..!!). NEVERTHELESS, the local PS had done a lote of hardwork, manipulation, favour in 'installing' such a malicious and vexacious case.
8. She made a complaint of the incident at NHRC portal in 2017 about the Oct 2013 incident. In reply to it the Commissioner of Police replied on 3/1/2018 that the PS booked an FIR two days after the reported date of incident of crime and submitted FRT (FINAL REPORT) the next year. FRT date not mentioned in the report.
9. This fact of CONCEALED FIR AND FRT SHOCKED THE VICTIM.
10. Inspite of intimating the new communication address she was kept in dark about the whole criminal process. Her RIGHT TO JUSTICE, OPPORTUNITY TO PROSECUTE HER CASE was denied.
QUERY:
1. What is the Legal Remedy available right now?
i
2. Due to this hidded legal process she was not able to produce her evidenc in court.
What can be done at this point of time for
1. ARREST AND PUNISHMENT OF THE OFFENDER AS HE VIOLATED THE BAIL TERMS ?
2. ACTION ON OFFICIALS FOR NOT TAKING LAWFUL ACTION (BOOKING FIR AND INVESTIGATION UPON IT AT THE TIME COMPLAINT LETTER WAS TENDERED)
3. CAN REFERRING THE CASE OF (Crl.) 68 of 2008 in Lalit Kumar V. Govt. of U. P. BE OF ADVANTAGE?
2. TRUE, FAIR AND QUICK RE-INVESTIGATION ( actually no previous investigation happened at all.)
3. QUASHING THE CIVIL SUIT WHICH IS LYING ON THE FALSE AFFIDAVIT AND SUBMISSIONS FOR WHICH CRIMINAL CASE IS THE BASE?
PLEASE NOTE : This is a real case, not academic or fictitious, I request the eminent Experts and Legal Fraternity members to kindly spare some time and give a suitable solution so that justice be given to a victim lady. The Land Lady is the Legal Owner and Letter of Admiistration Holder, which is issued by the Chief of the District Court , under one of who's bench the malicious civil suit is STILL RUNNING.
Anonymous
07 January 2018 at 06:56
In a criminal case, what process court has to follow to issue summon to the defendant? Court has issued summons and no authority made attempts to reach to defendant. Defendant didn't even know about the case.Then,court issued a NBW. What are the rights of defendant in such situation? What documents defendant can ask the court/appropriate authorial to show proof of attempts to deliver the summons? what is the process to issue summon if defendant is in another jurisdiction than jurisdiction court is in. Thank you
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Proceedure to take delivery of property allowed by court
In a private complaint, the properties of accused were seized by Police and thereafter handed over to complainant as per Magistrate Court Order against Bond. Accused challenged the order in Sessions Court and court ordered handing over some of the properties to accused against Bond. Complainant challenged Sessions Court Order in Bombay High Court in 2004 and it is only after 12 years Bombay High Court dismissed complainant's petition. However accused only came to know about this dismissal of petition in 2017 , one year after the order passed by Bombay High Court. But complainant knowing the dismissal (as his advocates were present during pronouncement of judgement) did not returned the disallowed properties to Police and police took no action and remained silent. Now, shall remain grateful if advise is provided on the following.
1) Whether complainant can be punished due to non adherance of court order and how
2) What formalities the accused need to do do obtain possession of the properties from Police as Bombay High Court dismissed the complainant's petition which means that the property ordered by sessions court for handing over to accused stands for execution.
3) Draft format of Bond which accused need to submit to receive possession of property, on what value of stamp paper and to whom the Bond is to be submitted.