LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Aman Kour   18 March 2024 at 08:32

Service to foreign citizen in criminal cases

What to do in a situation when the address of the person to be served in foreign country is not known and its a Vriminal case . 498 A , DV and Maintaunace. As per MHA Guidelines for Mutual Legal Assistance the address is mandatory and for Informal letter of Request the there is no Investigation Agency in DV and Maintainace cases. In 498 A case the chargesheet is filed in court under section 299 .Absconding. LOC already issued. Plesse guide. CAn we request Court to direct police to take Interpol help to locate the Foreign Citizen and than serve him.abroad by MHA . Is there any similar case or judgements on such case by any court in India. Please help.

Anonymous   14 March 2024 at 13:24

Appointment of advocate commissioner in maintenance case

husband getting rents 3lakhs above, wife wants to prove it, to get maintenance
is it maintainable to file petitioner u/o 39 rule 7

Anonymous   05 March 2024 at 20:08

Moter vhical

Mere bike sa ek accident hua tha or mere uper crpc ki dhara 279 337 338 ka that mamla darj ho gya or court ma parit bhi ho chuka gya kya is mamla sa mere carrier pr parbhav padaga ma
sarkari job hi tyari kr rha hu.

Anonymous   05 March 2024 at 20:06

Moter vhical

Mere bike sa ek accident hua tha or mere upr crpc ki dhara 279 337 338 ka that mamla darj hua h or court ma parit bhi ho chuka h kya is mamla sa mere carrier pr parbhav padaga ma
sarkari job hi tyari kr rha hu.

Mohd Nishat   05 March 2024 at 16:40

Regarding attestation form

Sir
2020 m mere ghr m chori hui thi to Maine fir kri thi but next year m muje summon aya tha court se to kya muje usse government job m koi dikkat hogi kya kyuki fir kri thi maine usi ki summon ayi h

JEGADEESAN   05 March 2024 at 14:13

Govt officer's intentional delay

Sir
I wish to clarify the doubt regarding getting VAO Certificate for EB Connection
i.e. While apply for EB Connection in my Agri Fields , some certificate from VAO has to be obtained .
Even I have sent request letter to VAO in Nov.2023 still he has not been provided the same .
When I ask him he says different reasons for every time ( Like he was busy with election duty, some time meeting with higher official, Finally he said as I should wait for some time to finish the survey of disputed land ) Actually there is no dispute in the concerned land in which I have applied EB Connection , Dispute only in nearest property only but that is different survey number . How to file a case against him ?
What would be appropriate way to punish him ? He should not continue in Public service .To do so how can I proceed further legally ?

JEGADEESAN   05 March 2024 at 14:01

Land grabbing

Sir
I would like to clarify some doubt regarding Land Dispute
I have bought some land in 2023 to the extent of 2Acre 25 Cents But part of the land to the extent of 15 cents in Joint Patta Hence I have decided to sub divide the same and make the payment for that . While Surveying the Land,some Labours who are working in the nearest land claiming as 15 cents belongs to them since they were enjoying for the past 10 years. Even though they don't have any document they are claiming based on Enjoyment. Sale deed in my name and Joint Patta is available in the name of the seller (For 15 cent) who has sold to me .(Along with some others)
Surveyor also refused to do Sub Divide the same and asked me to go to court .
My argument is Land Grabbing is a criminal offence and it can be handled by Police without permission of court . Whether am I correct? How can I handle this case further ? My Advocate is also unaware about the exact legal points and hesitate to deal with Police ?
Further How can I claim Compensation from the opponent in connection with illegal enjoyment of my land ?
Regards
S.Jegadeesan

Guru   01 March 2024 at 11:43

Police statement .

I have given a police complaint for drip lateral theft on 26-03-2023 sir .

On this day at the end of interrogation they told me that to bring my mother to make an FIR  . my mother is residing 112k  away and she is a retired gazetted officer and no relation in any way to the theft there.  

Before this date  , that is 12-03-2023 investigation officer she was summoned to the police station and interrogated .

Following that ,  I went to my home town to bring my mother  but it got postponed as she was suffering from lung and autoimmune disease .

through RTI I asked for the information why not made FIR because in the SMS I received on 26-03-2023 that it shows the case is closed .

Through this RTI information , I received rti information documents .Among one is an endorsement document  which I have not seen before .

On the interrogation day , they took my signature for endorsement  without my knowledge , unaware of me  . I just signed this endorsement  at the bottom on trust while other peoples were talking to me and  as I was lots of busy  at the time  .  

This endorsement says that  parties are compromised and the temporary case is closed .

So why do I  compromise when I do not receive the stolen drip later item back which is worth 115000 rs.

They did panchnama  in the theft place before the interrogation . They suspected one person  for this theft and called that person to  interrogate on the above mentioned day 26-03-2023 along with me .

to this date it has been elapsed 1 year .   

As  drip lateral are stolen , I gave the complaint like others  but police officers giving me statement that show me evidence that this person is stolen  . what to say to this ? I do not know , this is the biggest headache for me .

as per my opinion they need to find the thief . 

Kindly I request to suggest me legal solution , please help me sir . thank you .

yogesh kumar   01 March 2024 at 10:19

Defamation case against bank

I Had borrowed a housing loan from a bank. In the sanction letter loan amount and Roi was mentioned but there is no mention of EMI due date.

I signed the loan agreement, where the bank loan agreement copy was a prefilled agreement and details of loan amount and parties involved was handwritten by bank official and few details like EMI due date and rate of interest was not written . 

I was asked by banker that by when can I pay my monthly emi  and I replied by 5th I can pay emi because I receive salary on 2nd of every month. 

I gave the standing instruction to the bank to deduct emi on 5th of each month. 

For last 3 years, I maintained sufficient balance on or before 5th and the emi was duly deducted from my saving bank account on 5th of the every month.

When I borrowed the ROI was 7% and gradually the ROI kept increasing and today I am paying 9.5%. 

Then I checked rbi repo rate and it's eligibility conditions and understood that if my CIBIL score is good then I can request the banker to reduce the ROI to 8.45% or if the banker does not agree to this ROI reduction then I thought I will do balance transfer to a different bank. 

When I checked my CIBIL report and it was a surprise to see that all my emi payments towards my housing loan account was reported by delayed payment from the inception of the 1st emi. 

Then I immediately rushed to meet the bank manager to understand what went wrong. Then the bank manager says me that the emi due date for my housing loan account is 31 or the last date of the month and where as you have given us standing instruction to deduct emi on 5th so every time there is a delay of 5 to 6 days in payment of EMI. 

I was in shock to hear this from the bank manager and said that I never gave my consent to bank to set the emi date as 31st instead I communicated to banker that I can only pay the emi on 5th of every month. 

Then the bank manger shows me the loan agreement and shows the emi due date as 31ST OF THE MONTH. And says I have given my consent to emi due date as 31st of the month. 

But interestingly the handwriting is different from other contents written on the loan agreement. After I signed the loan agreement, the emi date is mentioned as 31. The loan agreement was altered after my signature. Infact till today the rate of interest column is blank. I believe the emi due date also must be mentioned on the day of my visit to bank only .

So I expect to file defamation case against bank for rupees 1 crore.

Madhu Mittal   29 February 2024 at 18:50

At revision level, whether need to make accused parties

Sub: At revision level, whether need to make accused parties when cognizance is not taken against Firm as well as non-signer partners of cheque when averments against all in complaint as well as notices to all, no reply by any partners
A loan of Rs. One lac was given to a Partnership Firm having three partners on the basis of Post dated cheque of Partnership Firm with the consent of all partners. When the cheque was presented for payment on its date, the said cheque is dishonored. A legal notice by Rgd post was given to Partnership Firm as well as all three partners, duly got by them but no reply from any of them. But before lodgment of complaint u/s 138, 12 posted cheques were handed over on behalf Partnership Firm signed by only one partner with the consent of all. When presented all 12 cheques were dishonored, all were dishonored. First 11 complaints were lodged and cognizance for all were taken by the same Trial Court. For 12th cheque, procedure was changed and the court which will deal, was allotted by Chief Judicial Magistrate, so this cheque was dealt by another Court. And that another court took cognizance only of the partner who signed the cheque while there were sufficient averments that at the time of First post dated cheque and at the time of taking 12 post dated cheques, all partners were incharge and responsible for working of the Firm and all are involved both time when loan is given + one post dated cheque was given and when second time 12 postdated cheques were given . Thus cognizance against Firm and remaining two partners were not taken. Aggrieved by this new court, Revision was filed in ADJ court making only Govt of Rajasthan as Respondent. Citation of Supreme Court Micromax_Informatics_Limited_vs_Meenu_Goyal_on_12_March_2021 sc (in which it is stated only averments in complainant to be seen at the time to taking cognizance, even reply given by accused was not to be seen ) and citation of Bommidi Madhu Sudhanrao vs. Kallapu Ramesh and Anr. (09.11.2010 - APHC) of Andhra Pradesh High Court (it was stated at point 3. Though notices are sent to the Respondents 1 and 2 the same are not returned unserved. However as the point involved in the present case is between the court and the Petitioner, this Court is of the view that there is no need for this Court to hear the Respondents 1 and 2.) was handed over to ADJ Court, but ADJ Court insisted that Firm as well as all partners should be made Respondents.
Now what I want to know is that when even reply of accused not to be seen at the time of taking cognizance as per above SC ruling and matter is between Court and Complainant at the time of Cognizance, How to pursue ADJ Court not to insist to make Firm and partners as respondents as there will be of no use of them whatever they say, only averments in the complain to be seen. Any citation.