SANTANU SAHA
13 December 2016 at 21:56
Sir,
My client had been convicted U/s 138 Of the Negotiable Instruments Act, 1881 in the month of June 2016 with S.I. for 4months & fine of 6.5L.
After conviction, the Trial Magistrate upon an application made to that effect, released him on bail U/s 389(3)(1) Cr.P.C and the sentence remained suspended during the appeal limitation period of 30 days. However, my client could not file an appeal within the limitation period as he suffered an accident. Consequently, Arrest Warrant was issued and my client got arrested.
Presently, I have filed a Crl. Appeal, a Crl. Misc. Case for Condonation of delay U/s 5 of the Limitation Act, 1963 & also a Crl. Misc. Case for an order U/s 389(1) Cr.P.C for suspending the sentence and releasing the accused on bail.
The Crl. Misc. Case for condonation has been admitted and notice has been issued to the respondents and the same has been fixed for reply by respondents. However, the Session Judge has refused to pass any order on the Crl.Misc.Case U/s 389(1).
Sir, my question is can a pending Misc.Case for Condonation of delay be treated as pending Appeal? Can you please suggest any legal provision or S.C. judgment where an order U/s 389(1) may be passed pending disposal of the Condonation Misc. Case?
Sir, if an order U/s 389(1) is not passed and there is an inordinate delay in disposal of the Misc. Case U/s 5 of the Limitation Act, the matter would become infructous as the accused would have already served most part of the sentence of simple imprisonment by then.
Please reply me urgently,
Thanking you in advance.
Santanu Saha,
Advocate.
JAGADHEESH
13 December 2016 at 21:42
We are two brothers living with mother in a home built by my father. My father expired in 2015.Both of our families are also living there. we have a total of 40 cents of land including a two storied house. All the properties except 3 cents of land belongs to my father while the 3 cents of land belongs to my mother.Now due to dispute in the family we decided to partition the property into two halves. And mother will have life interest on both property. In the first half , half of land and home is included and in the second half , half of land plus half of the value calculated for house are included. My brother is an LLB graduate and is crooked minded. As he had changed his decision on partition many times, I have the following doubts.
1. What is actually the life intetest?
2. Will this life intetest of my mom on my property get terminated automatically in the event of decease of my mother?
3. When the mother is alive is it possible for mom to make a will on this life interest so that it is transferred to another person after her demise?
4. Is it possible for mom to sell this property?
5. It is the property that belongs to me but mom has life interest. In this scenario can I get bank loan?
6. In case of any emergencies can I sell this property with my mom 's consent?
7. Is there any possibility of raising repartitioning that my brother can do as my mom has life interest on my property in the event of death of my mom?
8. I suggested that I can put a clause that my mom can live until death in the home that I build on the land I get through partitioning. But my brother oppose this telling that my mom should have life interest on my property. What is the right clause .... as i suggested or life interests?
9. My brother also told that even famous legal practioners fear to put life interest on the property. Is there any danger in putting life interest of my mom in my property?
Raj
13 December 2016 at 21:18
On behalf of husband family I made the following query
After facing 5 years of criminal trial and During Final stage of arguments of 498-A case, the judge aasked us to compromise with girl family and to made settlement deed and get 498-A quashed by the High court.
1 If we insert the clause that wife will not file any criminal case on husband and his family members, then whether married woman can file the case aginst husband and his family members?
2 But we have apprehension after 498-A quashed she may file the 498-A against us, and again we again have to face the criminal trial fresh. Can judge compel us for settlement deed , if we donot agree for the settlement deed?
sanjay kumar
13 December 2016 at 20:13
Sir,
One of my relative is a widow and having two son. The elder son had taken the bank loan and he failed to pay on time to bank without knowledge of his mother and he flew away from his place . The loan amount was not paid on time and bank had logged a FIR in police station. Police had placed this matter to Honourable court. Warrant had issued by honourable court and police raid many time to his given address , than due to her image in society his mother had paid all the dues of bank under one time settlement but unknowingly she had not submit the copy of NOC to the honourable court. Thus the warrant is stand as it is.Now Police is giving the suggestion to submit the NOC to proper court and go for proper way to close this matter, but the son of that lady never turn up and make discussion on above said matter. he is harassing his mother by telephone. Now my question is either mother can go court and debarred her son from all property .Kindly help me
Uday
13 December 2016 at 19:59
Am newly joined company without resignation to previous company worked on sick leave, now I resigned my previous company without notice period any legal issues of my new job
Keshav kamra
13 December 2016 at 19:04
My uncle took a commercial loan from a bank and because of non payment of emi, bank initiated arbitration and then execution in court. The loan AMT was 14 lacs and outstanding is rs 12.57 lacs.please guide whether it is right or wrong by the bank as loan AMT is above rs 10 lacs and it is still not referred to DRT.
Anonymous
13 December 2016 at 19:02
How much can a beginner advocate on the record of supreme court earn..??
& what is the minimum consultation fee ask by a beginner advoate on record of supreme court of india ?
Raghu
13 December 2016 at 18:41
Sir, can a confirmation deed be executed by all parties if there is some error in description of property in the main/principal deed ? In other words does confirmation deed correct mistakes in main deed ?
MSC Shekar
13 December 2016 at 18:00
In a civil matter a existence of particular Deposit in favour of individual/Petitioner is already proved in a writ petition and according a favorable order from a High Court is given in this regard.
When the same individual/Plaintiff files a Original suit citing the Order of the High Court in the Trial Court. The Trial Court is again asking the individual/Plaintiff to again prove the same matter in the present suit.
Is the Trial Court is correct in this regard?
Please advise Thanks in advance
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Regarding maintenance under section 125
RESPECTED LAWYERS,
IN FAMILY COURT COMPROMISE PURSIS FOR MAINTENANCE UNDER SECTION 125 WAS MADE AND SIGNED BY APPELANT AND RESPONDENT ON EACH PAGE AS WELL AS BY ADVOCATES OF BOTH SIDES AT THE END OF PURSIS.ON THE BASIS OF COMPROMISE PURSIS LEARNED JUDGE OF FAMILY COURT DID ORDER FOR MAINTENANCE AFTER EXPLAINING AND READING IN OPEN COURT.BUT AFTER 2 MONTHS APPELANT WENT TO HIGHCOURT AND DID CRIMINAL REVISION APPLICATION FOR MAINTENANCE .GROUNDS WERE 1) THREE MINOR CHILDREN CHILDREN HAVE NOT SIGNED 2) HER ADVOCATE HAS NOT EXPLAINED PROPERLY.HIGHCOURT ORDERED THAT PURSIS WAS IMPROPER ACCORDING TO CPC ORDER 23(1) AND 32(7) AND SET ASIDE .HIGHCOURT HAS SUGGESTED TRIAL COURT TO DECIDE MAINTENANCE BUT CONTINUE TO GIVE DECIDEC MAINTENANCE AS INTERIM RELIEF TILL FINAL JUDGEMENT OF TRIAL COURT COMES.MY ADVOCATE SAID THAT CIVIL RULE CAN NOT BE APPLICABLE TO FAMILY COURT.SIR WHAT IS YOUR OPINION?WHY SHOULD RESPONDENT SHOULD CONTINUE TO GIVE MAINTENANCE IF PURSIS HAS BEEN QUASHED.GIVE UR SUGGESTION. WHAT SHOULD RESPONDENT SHOULD DO?SHD HE MOVE TO SUPREME COURT?IS IT POSSIBLE TO ADMIT CASE AND TO TAKE STAY AGAINST HIGHCOURT ORDER.KINDLY REPLY.THANKS