Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

anuradha   18 August 2009 at 13:06

Frivolous or Malicious litigation under Section 420

Dear Sir,

We are a small firm providing consulting services based at Mumbai. I landed up in a dispute with one of our customers when he wanted to terminate the contract with us (as he got a cheaper alternative) in the midway of the services being imparted and wanted the advance money back. The customer filed a police complaint against me based on baseless allegation to make it look like a case of cheating (Prima-Facie). An FIR was registered under section 420 leading to my arrest in 2006. I got bail soon. The charge sheet has also been filed.

Presently the case is under trial in Metropolitan Magistrate Court for more than two years. My problem is that the complainant is not coming on the dates despite summon being sent by the court and same being received by him. As the allegations against me are baseless, he cannot prove the same in the court and that’s why he is not coming. I have been regularly going to the court on all dates hoping that he may come. I just get a new and long date every time, that’s all.

I want to know that whether there is any provision in the law against such frivolous or malicious litigations? Should I approach the session’s court to take this case on fast track? Is there anyway that can bring this complainant to the court? Whether there is any possibility to get discharge from this case keeping in view that the charge-sheet has been filed? Kindly advise me with a practical solution/ roadmap.




Request: Please treat this as confidential.

sapan kumar   18 August 2009 at 09:39

VAT & CST

Dear Sir
Please give your export opinion towards CST and VAT.

can i adjust CST collection with input vat ?

Regards

Sapan

subrahmanyam   18 August 2009 at 02:23

Credit Cards

I have got loss in my business and unable to pay my credit card dues. I have been holding 3-4 credit cards and overall due is around 3 lakhs. I want some time to pay overall due is there any stay order to hold the credit card payment, from last 3 months i have not been paying the credit card dues. I have received a notice but i have not taken that Please guide me what to do??

ABC.......   18 August 2009 at 00:35

Dowry harassment

Girls marriage has been solemnised as per Hindu Marriage Act. But just after 1 month of her marriage she has been harrassed, tortured by her husband and in-laws. They have stolen her jewellery and kept in their locker. Now they wanted her salary, investments etc. When she and her father refused to fulfill their dowry demands they tortured her more and one day her husband beated her up. So she had to call the police. She has not filed any FIR but an application with police. Then police helped in compromise. But the same harassment continued. Due to this the girl returns back to her parents home. She then filed an application with Women Cell. The husband has filed petition u/s 9 of Hindu Marriage Act with wrong allegations. Girl dont want divorce but dont know what the boy wants. Is there any remedy in law by which a girl can stop her husband to take divorce. Please advice.

SUBHASH SHARMA   17 August 2009 at 23:58

EXPARTE CASE OF UP A.Y. 2005-2006

DEAR SIR,

ONE OF MY CLIENT DID NOT FILE ANY RETURN WHO HAS VAT REGISTRATION IN UP.

AND UNFORTUNATELY HE COULD NOT PRESENT THE ASSESSING AUTHORITY FOR SALES TAX ASSESSMENT IN NOIDA.

UNFORTUNATELY ASSESSING AUTHORITY PASSED EXPARTE ORDERS LOCAL, CENTRAL AND ENTRY TAX.

I FILED AN APPLICATION U/S 30 UP ACT TO REOPEN THE CASE.

MY QUESTION IS IF DEALER HAS NOT FILED HIS SALES TAX RETURN (HE HAS ONLY THREE SALES AND THREE BILLS OF PURCHASE OF LESS THEN RS. 20,000) HIS APPEAL COULD BE ACCEPTED OR IT CAN BE RECJECTED ON THE GROUND OF NON FILING OF SALES TAX RETURN.

PRAKASHCHANDRA MARU   17 August 2009 at 22:30

regarding consultant charges

hello all learned experts
a client from the foreign country would like to come at india for the legal matter consultation i would like to advice him and would like to receive consultation charge also but i would like to take precaution that by knowing or unknowing is there not violence of the law like FERA pls suggest how can i take money from him although he will come in india for the consultation i dont want take cash may be he will give fake currency i also do not want my account number so pls inform how i have to provide sservice with him and how recover the consultation charge thanx in advance

Adinath@Avinash Patil   17 August 2009 at 21:58

Evening courts

What is the time of evening courts.In India which state have established evening courts.

Member (Account Deleted)   17 August 2009 at 21:51

Searching

When searching is being conducted what exactly is searched for in the Register Index at Registration Office? Is it the Name or Address? If a sale deed can be registered at Registrar of Assurance as well as Sub-Registrar's Office.. then how searching in Sub-Registrars office is sufficient? How searching report can claim that the property is free from all shorts of emcumbrances?

SHRIKANT   17 August 2009 at 19:29

REGISTRATION OF A POLITICAL PARTY

Kindly advice me in drafting the required documents for forming a political party.

RADHA PYARI SRIPADA   17 August 2009 at 19:28

compounding of a non-compoundable offence u/s.304-A

Please elaborate about the procedure for compounding of an offence pertaining to a case of medical negligence under S.304A pursuant to a compromise deed to withdraw all cases (including consumer and criminal)and the agreed amount is paid in full in the consumer court.
Thanks to all learned members for sharing your knowledge.
RP Sripada