sunil
22 March 2017 at 12:54
Respected Members,
In a criminal case u/s 506, 509 on different dates the court noting has some discrepancies as under:
1) Accused was shown as “absent” whereas in PW1 deposition on the same date it is noted that accused (identified)
2) Next date was fixed because PP was absent but it is written that the accused was absent as such next date is given.
3) As per practice of the Hon’ble Court before deposition starts there is a call made for the accused and accused has to raise his hand to mark his “present” in the court room. And the 1st question asked by PP to the PW1 is “Is the accused present in the court room?” and the PW1 reply in affirmative and Hon’ble court makes a noted “accused (identified)”.
4) Deposition of PW was made in local language but it is translated into English by PP and written in summarized form which has changed the meaning of the deposition as well as dropped many important points which may go in favour of the accused.
5) PW4 in the Charge sheet has been recorded as PW2 in the form of recording deposition.
My humble questions – What accused can do in this situation? What precautions / remedies are available for the accused? How these are going to affect the case?
Thanks
Tanay Daap
22 March 2017 at 12:08
Can someone marry one's father's brother's daughter's daughter in Christianity?? Please reply with relevant Acts. Regards.
Balram Verma
22 March 2017 at 12:06
Can my father having registry on his name for ancestral property say to one of his son to leave the house
Or can son claim from property when father alive
Can someone seek the technical resignation while a departmental enquiry is pending.
In what conditions does head of the department withhold the technical resignation?
What if the employee tenders resignation while a departmental enquiry?
We have filed a recovery suit. Opposite party filed application for arbitration since agreement contains arbitration clause. We had written to party for arbitration for settlement but they did not respond. After that we filed recovery suit. My query is at this stage can court refer matter for arbitration? If court insist for arbitration can we ask for appointment of arbitrator and fix a time frame?
Mrunmai Deshpande
22 March 2017 at 06:41
Is notarized Power of Attorney sufficient for registering Leave and Licence Agreement for a flat in Thane for 33 months with a rent of Rs 20000/- per month ? Please advise !
Rajib Jha
22 March 2017 at 03:46
If a person married in 1957 for first time again he married someone else in 1965 when first was alive and again he marries somebody in 1972 when second wife died but first was alive ,what happens when the child of first wife and second wife claims for succession certificate ,and what will be status of third wife if she is nominated by her husband for his pension?
Raj
22 March 2017 at 00:05
Dear all,
Kindly support me by your valuable advice as I was working with Idea for last 6years 6 months precisely.
My immediate senior was expecting 1 lakh rupees and wanted a girl for a night against my appraisal which I have not provided . So he created conspiracy with the support of my juniors stating allegations of taking 500 for approving their tour claims.and rs 20000 for the transfer of one Territory sales executive.
This was with support of my immediate senior who was once equal to me in designation and he was promoted and then posted as my senior But kindly note still his package was lesser than me.
Also he has some grudges from earlier stint where we worked together in same company as I already mentioned.
After these charges I was served Show cause notice and was asked to reply within 3 days ,I replied properly stating that these all allegations are wrong and it is just conspiracy against me.
After the show cause reply after 15 days there was cross one to one enquiry in which 4 tse were called and were asked to confirm the allegations, two TSE straight away denied to give any amount to me for any work and one TSE changes his statement that I complained wrongly earlier now I am confirming that no money was given for any work.Fourth tse told yes I have given money rs 20000 for transfer and 500 for approving claims.
i objected strongly but HR head had not given any attention to my points.
After 45 days I was called to circle office and was told to sign termination letter .
Which I had not signed then they sent that letter on mail.
I requested all my seniors at Indore and Mumbai but they didn't support me.
After wards I sent several mails to my seniors ,MD, HR national head,Group HR head but no one replied except Group HR head ,he stated I am seeking details from Idea again after my request he replied there are written complaints against you so we can't help you.
Even then I sent more mails to give me a opportunity to put forth my points but they have not given any chance to me.
I personally met circle hr team and requested to kindly consider my points which clearly shows that it is conspiracy but they have not heard and told me now we can't help you.
After my termination the tse who changed his statement during enquiry called me one day and asked sir if that tse who complained for rs 20000 changes his statement will your job be reinstated I said may be ,then he told he need 4 month's salary from you after thinking I said ok but that day he didn't change his statement then again after few days he came to my home and told he will revoke his complaint if you give him money ,Since HR team was asking some evidence so we thought of giving cheque ,we said ok we will give cheque he demanded 70000 amount cheque and i gave my wife's cheque which he took in his wife's name.
Then again he showed it to HR that i bribed him to change the complaint.
Thus I caught in conspiracy and now he is not returning cheque & asking money from me for returning the cheque.
Sirs I request you to kindly help me as I am the only earning person in my family where 9 dependents are there,my parents are old and I don't want any botheration in their mind.
I lost my 7 years old job ,and it has been Assassination of my 16 years career .
You are requested to kindly support me by ur vast experience advices.
1. How can I get reinstatement in company
2. What should be procedure to fight a case
3.Now HR is not discussing my query they have told to discuss with legal officer,who is telling now that no avenues are left in company if you wish you can try in court.
4.Sirs Is there any court or any competent authority where I can urge to consider my points also as there are no evidence of allegations against me.
Even if needed I would go to prime minister office ,Chief minister office or any other responsible person who can justify the situation.
Why company is not bound to take humanitarian approach if there are no evidences.
When there are no evidence of financial transaction then how can company terminate an old employee on the basis of just written complaint.
Is there no authority in India where my case can be fought .
I am again and requesting I have not taken any money but my seniors are not believing me.
Even they are not ready to listen to voice recording of employees which are in my support.
When I asked to provide the detail of Cross one to one meeting HR has denied to provide stating the reason that we can't put other employees life in risk.
Also they have not shared their final report of enquiry on what basis they have terminated me when I asked hr told we have provided in show cause notice.
Can't we go for criminal case against the seniors who demanded money and girl.
Can't these tse should be covered under criminal case as they have ruined my life ,career .
Sirs please provide me support and way forward so that I can get my job and can take care of dependents livelihood.
Regards
Neeraj Sharma
98264 70999
akrity
22 March 2017 at 00:05
According to loan agreement arbitrator to be solely appointed by bank,but came to know that arbitrator has record of taking bank's arbitration case 10 times,now we want to challenge the appointment of arbitrator,how can we do, please provide judgement if any
Division of property of my aunt with no will
My aunt passed away last Monday due to heart attack, she was divorced long back and she had neither son nor daughter of her own, whatever she had was acquired by her only, after the divorce she survived alone, not with any parent or relative, she was a tailor, she is having a home ,there are her brothers who did no help in her live hood , but now they want to en capture the property, she is having 5 sisters ....to whom and how the property should be divided