partha mukherjee
19 May 2016 at 19:52
Sir, I am a police inspector, a month back my subinspector detained a person namely Ashok Pradhan (44years)for possession and selling 12 bottles of country spirit in huge discounted price. When intercepted he confessed that those are stolen articles which he got from an unknown youth and he is disposing it illegally. He was arrested by my officer under 411/414 IPC and forwarded to the court with seizure list. The Ld court on production granted him bail. During investigation officer served message to all police stations to find out if any theft of similar item took place in any of their Police Stn area but despite all efforts no confirmation came. When he fell short of collecting evidence of theft he decided to submit report before the Ld court u/s 2(d) crpc to praying for prosecuting the accused person under 54A Calcutta Police Act (Bengal Act II of 1966) for possession of property suspected to be stolen. At this the Magistrate took serious exception and denied to take cognizance stating that Police has violated the statutory provisions of law by investigating in a Non cog offence under 54A Calcutta Police Act without obtaining prior permission from the Ld court. The magistrate also pointed out the mistake of initiation of a FIR case under 411/414 IPC instead of initiating 41 crpc prosecution to read with section 379 IPC which is a non FIR prosecution. He has kept his judicial order pending and sought explanation from higher-ups of police to assign reason as to why disciplinary action would not be taken against the I. O and SHO for investigating a noncog matter under 155 (2) crpc and also wanted to know the fate of the 411/414 IPC case, as according to him Police has submitted challan or report under 54 A CPAct without closing the original case of 411/414 IPC . Now my question is whether police has done any wrong in suomottu initiating FIR under section 411/414 IPC for possession of Country spirit without valid papers which are believed to be stolen? Can proceeding under 211 IPC be initiated against the I. O and or the SHO at this stage? What is the mistake of Police? Is the mistake repairable? Is the magistrate right in his point of law? Police says that they have only investigated a cog case under section 411/414 IPC and when fell short of collecting evidence submitted report under 54A Calcutta Police Act without investigation and thus not violating any dictum of law as envisaged in section 155(2) crpc.please please help.
armaan kapoor
19 May 2016 at 19:05
Can an accused be released from jail if a near relative has passed away?
If so under which section.
Pls reply Learned advocates.
Sunil Kumar
19 May 2016 at 18:30
Respected Sir,
I want to know that my relative has purchased a plot of Rs. 25 lac and they have registered the plot from Tehsil Office on collector rate.
What is the reason for not registry of Rs. 25 lac and collector rate is acceptable or not in registry. what is the effect on resale of plot.
Please intimate me.
TUSHAR
19 May 2016 at 17:23
If a customer has been sanctioned a limit by his bank as overdraft in his Current Account or Cash Credit account, and on a day the balance of account becomes zero. What will be the status of loan documents? Will they be legally enforceable, for the debit raised on later dates? Material fact is that I had sanctioned a limit of Rs.10.00 lacs to one borrower, with all documents executed. Balance of account on 01/08/2013 had become Zero. Now will we have to make a fresh agreement and documentation, since there is no consideration? What does Contract Act says? Please reply
harshit
19 May 2016 at 17:17
Dear sir,
I have a query regarding maintenance 125 crpc.
The fact is following:
A maintenance 125 crpc is decided rs. 7500/-PM for one child and wife, on 18.02.2009 as Ex-party in magistrate court.Thereafter, immediately, I filed the revision in District court. The revisional court had kharij/set aside the ex-party maintenance and decided the case on 03.04.2010 and awarded the maintenance Rs. 1000/- for child and 2000/- for wife(total 3000/-PM).The file has returned to magistrate court for next procceding.
Meanwhile i had to paid this amount Rs. 1,05,000/- one Lakh five thousand for 14 months( during this pending case in DJ court).
The case is still running/pending in family court/magistrate court. Because I had file a case U/S 340 crpc as a counter case, so it is pending so long.
Now the case is transferred to FTC court and to be decided for the final maintenance.
1. Now the question has raised that weather this amount Rs. 1,05,000/- one Lakh five thousand for 14 months( during this pending case in DJ court) which i have paid, should be adjusted during final decession/returen to me or not?.
2. second thing is that when the revisional court had set aside the case then this case should be succised and hence new maintenance of Rs. 3000/-Per month should be implemented from decision date i.e.03.04.2010 ? OR it should be from the date of old ex-party order i.e. 18.02.2009?
3.From which date I should pay the the maintenance of rs. 3000/-.
Kindly advice and suggest .
Parth Trivedi
19 May 2016 at 16:28
Hi My mom passed away last year in Navi Mumbai. I have doctor certificate but what about any municipal or authority certificate ? From whom to get it. No one has clear idea. Is it required any legal procedure ?
MANOJ
19 May 2016 at 15:55
Dear Sir
My Company wants to open plant in UP.
I want to know overall procedure for VAT registration in UP & also wants to know name of consultants who can help me in this & also his fees.
Our plant is situated in Jagdishpur ( Amethi , Sultanpur ).
Kindly Advice.
Thanks & regards ,
Mahantesh Patil
19 May 2016 at 15:11
Dear Sir,
Myself Employee in one of repute Co in Pune and I resigned from my Post but after that Superoirs made me trouble while releiving and in Full and final Settlement.
Here my concern is that - I had notice priod of 90 days as per appoinment letter And I too raised request to serve 90 days while putting paper. However my Superior himself decided my last working without my consent and reovery of 17 days payment is applied to me after adjusting all my pending leaves.
The company is sellted my part payment without sharing full and final statement And shared me relieving and Work Experience letter. However I am fighting to get the recovery amount from company.
Here If I would have demanded early releaving from company then I was ready for recovery after adjusting my all pending leaves. Here I never even demanded to releave me early. It is Boss who showed his extra smartness.
Please suggest/ Guide me to come out at the earliest in legal terms
Thanks & regards,
Mahantesh Patil
Pune
Dr kamlesh S shah
19 May 2016 at 15:07
Wrong birth date. In ssc certificate verses correct date as per municipal certificate.
Procedure for correction in ssc passing certificate. After 12 Years of passing ssc.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Personal loan
Dear Sir,
You must have seen many questions from me earlier. I went through financial crises due job loss and was jobless for 3 years.
I have ICICI personal loan pending. The last instalment was done in 2009. The outstanding then was around 120000. Now its become 360000. I have ICICI home loan also, which I am paying regularly without defaults.
The collection agency is calling my 3 times every day. I told them why don't you give me a topup on my homeloan and recover the amount. They are not willing to do it. Outstanding on home loan is only 100000 and the property value is 600000. I don't understand why they dont want to solve the problem.
Earlier my homeloan top up request got rejected by ICICI because of poor CIBIL score.
I told them not to call me everyday because the only way I can pay is through the top up loan. I am still recovering from the loss.
Please could you let me know what my options are.
Many thanks as always.
regards
Abraham.