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Sadanand B. Panchal   30 October 2016 at 23:08

The court after completion of hearing case kept the matter for order and when the magistrate changed

Respected Experts,
In the year 2008 police registered FIR against me under section 509,504,506 r/w. section 34 of IPC. Another accused was ‘X’ who alleged to be committed main offence.
Date of commission of offence shown in FIR is 20/01/2008 whereas FIR was registered on 27/02/2008. Thus there was delay of one month in submitting First Information is recorded by Police to be done by the First Informant lady.
In the month of December, 2009 police called me in the Court and furnished the charge sheet but not presented me before the Court, and even further dates of matter were not recorded in the Roznama. It is pertinent to note that at the column of ‘Doshaarop’ 1st and 2nd Accused is recorded as my name two times but the name of Accused ‘X’ was not recorded.
On 10.10.2013 when the matter was called out the Magistrate for the first time observed that the Accused ‘X” was not paid the cash bail even he (X) was shown in the charge sheet that he was released on bail. Thus accordingly the Magistrate ordered the police to arrest the Accused ‘X” who was present in the Court. Thus on 10.10.2013 the Accused ‘X’ was really released on bail.
In view of the aforesaid facts in my view the charge sheet and final Report under section 173 of CrPC is uncompleted till date.
Thereafter in the year 2015 I filed discharge Application under section 468 and 239 of CrPC in person. I appointed Advocate by making payment of his fee payment of Rs. 30,000/- plus Rs. 500/- for every adjournment who argued the discharge Application and the Hon'ble Magistrate kept said Application matter for orders in the month of May, 2015. In the month of August, 2016 the Magistrate transferred without passing of Order and when the another Magistrate presided in the place of earlier Magistrate, told me that as the hearing of Discharge Application was not happened before his honour, I must argue again to hear the matter.
Now my Advocate is saying that he will not argue the matter again and that I have to pay the fees amount which was already paid for completion of hearing.
I have no money to appoint any Advocate in this matter, but I want to personally file Writ Petition before the Hon'ble Bombay High Court to inform the Hon'ble Court about how the Magistrate even after hearing did not passed Order and that the earlier Magistrate transferred was not recorded notes on hearing so that next Magistrate pass an Order.
Kindly inform me what to do in this matter when there is limitation period under section 468 is clearly over as under section 509 punishment is of one year. I am suffering heavy burden. Kindly inform me what procedure to follow.
Thanks

Shaikh   30 October 2016 at 22:00

Society

Dear sir ,
We are having a Regd Society in Mangalore Recently one member who has bought a flat in our society but has not registered his flat on his name can be appointed as the President of our Society
Pls let me know soon

Anonymous   30 October 2016 at 21:42

GCC loans

Good Morning , I am Raj from Dehradun. I was working in Kuwait from 2012 to 2015 biginimg.During my tenure at Kuwait I do have personal loan and Credit card as well. During 2015 middle while I came back to india for vacation that time my company terminated my contract and so I did not go back to Kuwait further . Now I am not able to pay back my Kuwait bank loans and credit card payment as I am Jobless. Currently I got call from Loan recovery agent phone call from india and said me to close the loan asap else they will take legal action at india.Even they start visiting my house and disturbing my families as well. Please let me know following. Can Banks at Kuwait can take legal action at india based on default at Kuwait loan ? Can they register a criminal case to Interpol ? Do this count as financial crime ? How to handle this situation as currently I am not in situation to pay single penny . How to handle this Indian Loan recovery agents who acts for Kuwait banks ? Do it's really legal ? What are the steps I can take at this moment legally . Please suggest , Regards Raj

Muddasir Ali khan   30 October 2016 at 20:56

a NRI file a restitution of conjugal suit being in foreign

Restitution of conjugal rights

Mohd Afnan   30 October 2016 at 20:46

Passport reissue.

sir
I have applied for passport in April,2016 through an agent. Agent wrongly entered my educational qualification 5 or less in application form, although I passed my High school in 2012.When I brought this mistake in the notice of my agent,he told me that once I get the passport, i can apply for reissue and can get it rectify. I did the same and got the passport of ECR category.
Now when I applied for the reissue, APO put my file on Hold and asked me for the clarification in written that why did I suppress this information before.
Please help me, what should I do now and what should I write in my clarification to get the dispute settled.

anirudha   30 October 2016 at 20:27

Reply to show cause letter

Sorry for the inconvenience caused to my dear lawyer friends, thought of writing a response myself with your help. However, I am quoting the entire text of the Show Cause notice for your advice. "Madam, It is found that you are not attending your duty from 17.10.2016 without any official information. The functioning of the office is jeopardized for this irregular activities. Please let us know the reason for such absence without intimation in duty to the undersigned within 72 hours of the receipt of the letter." Dy Suptdnt Xxx medical college & hospital Kolkata NB: She was absent due to her sickness, has leave in credit, produced a valid medical certificate from a registered medical practitioner after 5 days rest. She is 75% blind, had brain surgery in 1990. Presently in great emotional distress, hasn't happened in her carrier spanning 36 years. Please respond under West Bengal Service Rule.

GUTAM NIYOGI   30 October 2016 at 19:57

Employee Pension under EPF

I had superannuated from a loss making PSU at 58 yrs of age. I had served the company from 1.6.1979 to 31.3.2014. My basic salary plus da was Rs 95000.00 at the time of my retirement and was more than Rs 2500.00 on 15.11.1995. My erstwhile company defaulted in contributing the employers share of pf and pension amt. for the preceeding 9 mths prior to my retirement date. The company has subsequently contributed the default amts to EPF and EPS funds. My Pension under EPS has been settled at Rs.1196.00 pm in Oct'2016 after 2 n halfs years from my retirement date. My colleagues who had earlier retired with lesser pay and similar service tenure are drawing EPS pension of Rs. 2000.00 pm.
My queries are :
1. What is the basis of calculation for the above low Pension amt in my case.
2. Whether my pensionable service will be affected in view of the defaults by the company.
3.Whether subsequent contributions to EPS fund by the co. will be considered for restoring Pensionble service covering my entire service tenure.
4.Will i be entitled to additional 2 years pensionable service for retiring at 58 yrs and 20 years of service.
5.What will be my Pensionable salary post 15.11.1995 and past service Pension.
6.What legal options do i have and against whom for this depriving me of my proper dues.




syed sirajuddin   30 October 2016 at 19:03

credit card fraud

Hello sir plz help to me
1.creditcard fraud happen on 26-02-2016 due to card details provided to caller an amt 5000 is fraud and same is converted into emi for avoid high interest from bank.
2. Complaint register on cyber crime on 03-03-2016
3. Few days cybercrime people follow up after 25 days all details of the person like the amount fraud details recieved from cyber crime that my creditcard fraud transaction to m pesa
4.on april 1 week contact to mpesa team hyderabad this team provide the mpesa account details of customer mpesa account number id etc provided
5.my card is of icicibank so hyderabad icicibank people not responding i was directly coordinate with chanda kochar ceo of icicibank through mail . Chanda kochar respond to my mail immediately and tell icici bank manager hyderabad to provide the credit card fraud details he was providing all the details of creditcard fraud the account number fraud amount details etc.
6. After collecting the details it is clear that the fraud person is belongs to delhi and he was using relaincr network .
7. The fraud person fraud the amount and transfer to its punjab national bank .afterwards all the details of punjab national bank is collected from the nearest branch statement from jan16 to till date it is confirmed the amount transfer from my card to punjab national bank .
8. Then cyber crime after collecting all this details and write to punjab national bank for debit freeze . No respond from punjab national bank
9. For last 3 months no response from cybercrime in this petition
10. In this situation we are having all the details of fraud person including other people where fraud happen with the help of his bank statement we can come to know that approx 5 lac has been fraud in 3months .
11. What should i do sir please help me in this matter
Please advice i have all the details of fraud person with phone number account no etc but bank not able to respond . And cyber crime people not taking any action
In this situation i have all the details of fraud person .and nothing will be happen please advice.
Total amt is 5000
Which i was converted into emi to avoid high interest rates i was clear 8 emi every month 500 and 4 more emi left what should i do please suggest



isn121@gmail.com   30 October 2016 at 18:12

Maternity Leave

Sir, my daughter is working in AP state Government since last 3 & half years as a Grade 2 employees recruited directly through AP Public Service Commission. She blessed with Twins in First issue itself and both are living healthy. She availed maternity leave of 180 days. Now my daughter is pregnant. As per AP State Government G O, employees are not eligible for maternity leave if two children are alive. My query is it correct legally? If it is not correct what is the basis and whether there are any judgements of Honourable High Court or Supreme Court? If so may please give citations.