Divya
08 October 2017 at 18:25
Respected Experts
there was a tri-partite consent terms entered between Accused, Complainant and daughter of Complainant ... Where consent terms are made on a rupees hundred stamp paper.
As per main conditions of consent terms, Complainant will withdraw a criminal complaint and civil money claim against Accused in return of which Accused will give rights to daughter of Complainant in another civil suit...
Now Complainant has expired. Deliberately Accused says that Consent terms ARE BOGUS FRAUDULENT AS CONSENT TERMS NOT STAMPED..
But Complainant and his daughter had complied with their terms as laid down in that document, when that time there were no discussions of stamping registration.
ALL LITIGATION WERE WITHDRAWN AGAINST ACCUSED FROM SEVERAL COURTS. DAUGHTER OF COMPLAINANT ACTING AS CONSTITUTED ATTORNEY OF COMPLAINANT WITHDREW PERSONALLY LITIGATION AGAINST ACCUSED.
Purposefully to resile from consent terms, Accused says that consent terms ARE VOID, BOGUS AND INADMISSIBLE AS EVIDENCE BEFORE ANY COURTS SINCE CONSENT TERMS NOT STAMPED REGISTERED..
REQUEST YOU TO PLEASE GUIDE ME.. AS IM THE VITIM AND DAUGHTER OF COMPLAINANT AND HAVE BEEN HARASSED AS ACCUSED IS VERY POWERFUL
THANKYOU
aashishbudjade
07 July 2014 at 13:22
One of my client's husband was joint owner in family land. Husband is now missing for last 20 years. Now he has left wife and 2 daughters behind him. Few lands are only in this husbands name and others are jointly owned. Now wife and daughters wants to claim his property. What procedure they should follow?
Alok saxena
23 March 2011 at 18:22
Whether an Advocate can be a designated partner in a business LLP (not a law firm LLP) in view of Advocates ACt and Bar Council Rules?? If so how?
Anonymous
05 February 2011 at 11:08
Dear Experts and seniors, Kindly give an idea about the point of preferring compensation for an indian seafarer/seamen in India. The points regarding jurisdiction,claims forum, court fee.limitation aspects, the Acts covered etc and other relevant details are required to be enlightened.
Thanking You.
Anonymous
05 February 2011 at 05:16
My father expired recently and amongst the various assets, there is a property he owned through an irrevokable GPA.
Now my question to you is that do we as legal heirs aquire that property also or not, whether his GPA is still valid or not?
Can we sell the property on our own, without consent of the Executor,who gave him the GPA.
Thanks.
N.J. MISHRA
27 December 2010 at 09:50
members please suggest me,
our is a ship managment company, appointed a seafarer for hongkong flag ship, that shipfarer suffered from renel disease, his both kidneys are not working, presently he is under treatment at jaslok hospital. at the time of his appointment he signed honkong CBC,it's a kind of contract governed under honkong law related to the compensation in any injury or accident happens during the tenure of accident, now the period of claim according to that contract expired. the seafarer is an indian citizen. can indian law apply to him for compensation. an employment contract was also executed between the company and the seafarer at Mumbai office. in that contract there is one clause, can that clause will be appicable.
if the ship is not covered by an agreement with a seamen's union ot ITF then the following provision shall apply
"if you suffer injury during the contract period that is not a result of your own negligence or misbehaviour or undeclared pre-existing medical condition and your ability to work is reduced or impaired then you shall be entitled to disability compensation. the maximum amount of compensation for 100% disability shall be $80,000/-. your entitlement to disability compensation aforesaid shall be determined by and depend on the report and assessments of the doctors appointed by us and in accordance with the scale and types of disability specified in the workmen's compensation act of india. further more you shall be entitled to the maximum compensation rate if either (1) you are assessed having 50% or more disability under the scales of the workmen's compensation act and certified by a doctro nominated by us to be permanently unfit for sea-service, or (2) you are assessed at less than 50% disability under the scales of the workmen's compensation Act but certified as being permanently unfit by a doctor nominated by us".
Sangramsinghrana
12 October 2010 at 22:44
Dear expert,
in a trial of case u/s 384/506 IPC, accused after closed of his defence evidence and before argument has moved seven application u/s 340 Cr.P.C. for intititing proceeding against witnesses etc. for perjury etc. The magistrate beside to place the said applications in the same case file has registered the said application as a seperate case vide seperate number and fixed for perliminary evidence like private complaint and fixed on a date after 2 months of main case and not decided the said applications with the main case, in the main case accused/applicant was convicted against all the legal norms to save the witnesses from the offences disclosed in the applications u/s 340 Cr.P.C. and after 4 months of passing conviction order dismissed the application by helding that applications became infructous even offence mentioned in applications is clearly proved and established. whether magistrate knowingly adopted procedure against the law.
Partha Roy
18 June 2010 at 08:51
I had filed a case against a promoter and a bank manager U/s.156(3) Cr.P.C for offences punishable U/s: 420/427 IPC.
After 2 years of conducting investigations the Police has issued a FRT on the grounds that I had filed a case on the same matter before the State Consumer Disputes Redressal Commission and therefore my complaint was civil in nature. However, in our petition of complaint itself it was mentioned that we had filed a case in the Consumer Court and only after duly noting this fact, the Ld. CJM directed the Police to investigate the case U/s: 156(3) Cr.P.C.
We had filed a 'NARAZI' petition against the FRT filed by the Police and the Ld. CJM appeared to be somewhat irritated by the Police Report because it appeared to insult the knowledge & power of the Judiciary.
He then appeared to suggest that the case should be converted to a 'Summons' Case to be tried U/s.200 Cr.P.C and on our agreeing to his oblique suggestion an Order was passed directing that the case should be tried u/s:200 Cr.P.C.
Could I please have the views of our Experts on whether the action taken by us was correct or if there was any other better option?
Sujit J Pathak
12 June 2010 at 19:42
In present case u/s 138 N.I Act the complainant is a N.B.F.C company and is hence represented by Power of Attorney holder who is a recovery officer of company. The P.O.A submitted by ccompany states that that it is valid till 31.03.2010 and on this date it will be cancelled automatically. Now the case has reached stage of Cross-Examination of Complainant i.e P.O.A holder on 28.06.2010 but the P.O.A is already expired and it has not yet been renewed yet moreover magistrate is not issuing directions for renewal of POA. What can be done in such a scnenario? I am appearing for accused and has already raised an objection, Kindly provide any solution.
Thanks and regards
Adv Sujit J Pathak
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Atul shukla vs madyapradesh
wrt the landmark judgement of "Atul Shukla vs Madyapradesh", I have a query as follows
HC has quashed my fir without knwledge of defacto /victim. Hence I am reopening it. But the above landmark judgement is a contradictory to it saying HC cannot verride its own judgement in 482.
SO I am little cnfused if it will be contradictoty to my petition. Kindly provide your views.