Anonymous
09 December 2015 at 13:32
Sir i missed to pay my mcd dengu chalan now i got summon sit what will happen next
Dr. Shekhar
09 December 2015 at 12:22
My case is ex parte divorce where I am petitioner and the other party, respondent, has never appeared until now and the written argument also submitted by me to the court. Now if I am going overseas can I speed post from overseas the court my inability to attend next date? assuming that the advocate fails to appear on next date,
Will this help me that my case is not dismissed and the court has to now give order/ decision on the basis the documents already filed including the exparte evidences and written argument?
SUSHIL KHANNA
09 December 2015 at 12:13
I am an employee of Central Public sector enterprise.
Recently, a contract executed between my organisation and the contractor was terminated by the organisation in line with the conditions of contract. After termination, as per the instructions of management, I myself and 5 more officials including CISF personnel were directed to take into custody certain materials and machinery of the contractor available at site and place it in the stores of the organisation. The contractor was paid certain cash advances by the organisation for procurement of the said material & machinery. Also, Indemnity bond has been executed by the contractor in favour of the organisation for the said materials.
On the first day of shifting of material, the contractor willfully allowed the same and also signed the joint recordings. But the next day, he allowed shifting of materials but refused to sign the joint recordings. So, CISF was taken as third party witness and signed the joint recordings. After shifting the material, the details of materials shifted was communicated by letter to the contractor and he was asked to verify it as per his convenience. But he did not respond to it.
Subsequently, the contractor filed a criminal complaint in the local police station against me and the five individuals under section 382 & 397 (a), r/w 34 of IPC charging illegal seizing of material and machinery and dacoity.
The local police took our statements and made their investigation and did not file FIR.
Later, the contractor approched the court of Judicial Magistrate FC with the same complaint citing inaction by Police.
JMFC issued the order to local police to investigate the offence under sec 156(3) of CrPC, to send the complaint to police stn for registering the crime and treating complaint as FIR.
Subsequently, police filed an FIR. They have recorded my statement as accused 1.
We are considering to approach High court under Sec 482 for quashing of FIR on foll grounds -
1) The action taken is not personal in nature and has been taken in discharging of duties as a public servant to safeguard public interest.
2) The dispute is totally civil in nature and does not form a cognizable criminal offence.
3) The contractor has already initiated arbitration proceedings against organisation and dispute can be taken up in the arbitration.
4) The basic purpose of complaint is to harass the individuals and put them under undue turmoil.
I request the esteemed experts to kindly give their opinion if the case for quashing will stand or suggest improvement/remedy.
Thanks in advance
Atish
09 December 2015 at 12:02
Dear All,
A new ruling has been given by the government on gift or transfer of property to a relative/kin which shall bear no stamp duty.
I request to know that if after the transfer to the relative/kin, if they sell the property with immediate effect before 3 years then will there be short term capital gains or long term capital gains.
Regards
Atish
Manjeet kumar sahu
09 December 2015 at 10:49
In one of my case, The Accused have been granted bail but the session court has directed that the Bailor can only be his parent.
Now, The father of the accused has already died and The mother of the accused has no property in her name?
A Criminal Miscellaneous Petition was filed for the consideration of other person as bailor but the court did not consider it.
Any Suggestion under such circumstance.
rajan chopra
09 December 2015 at 10:17
Sir a suit for recovery is pending in the court and is fixed for arguments in which my wife is defendant.Can my wife give me Special Power of Attorney to appear on her behalf as she has to go abroad for some personal reasons ?
Yuvaraj
09 December 2015 at 08:47
Plz clarify whether marrying my father's sister's granddaughter is legal in Hindu marriage act?
gopinathan
09 December 2015 at 05:09
A PWD Drawing officer joined in a new station on 29/6/2015.A contractor furnished a work bill and M.Book dated 22/6/2015 for payment of 549000/- on 12/8/2015(51 days by late). The DO verified online and found that the bill was paid and shown expenditure as Rs.550000/- through Vr.No.29/5/2015.(In this date he was in some other station). The DO refused to make payment to the contractor in the present date.(12/8/2015) But actually payment was not made as per cash book wherein online shows contra. In this situation Contractor complained against DO for illegal gratification and DVAC trapped the DO on 20/8/2015 then imprisoned and suspended.
Actually the original bill and M.Book were lost by the predecessor. With a malafide intention hide all these facts, Engineer prepared another M.Book and bill which were contra to online data(based on this authenticated data and discrepancies of the duplicate bill and M.Book, the DO refused to sanction the bill)
Investigation is under process. Charge sheet not filed. In this circumstances the DO wants to quash FIR u/s 7 of PC ACT and seeks for departmental inquiry. Will it be possible?
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