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deep (deep)     31 August 2015

Time limit to conplaint

Is there any time limit bound to file private  complaint of theft from the time when theft took place?



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 4 Replies

saravanan s (legal advisor)     31 August 2015

there is no time limit but the more you delay it would be difficult to prove the offence

deep (deep)     01 September 2015

And sir can u pls answer another query Under which section, 125 maintenance execution is to be filed ? 125(3) or 128 Pls guide What is difference between 125(3) and 128 One imp thing I would request to guide me One year is calculated from maintenance due or from order passed? What if order passed after 7 months ? Order was passed in oct 2014 Maintenance due from  april 2014 I want to file executtion u/s 125(3)  Pls guide  I have gathered info from internet but still this sections not clear Further, my advocate wants to file executution of maintenance under 51 CPC Under which section should it be filed? And, should execution be filed in same court where 125 is running, as as of now it is inter rim maintenance, or should it be filed in CJM court as in new route, my adv wants the new route Pls suggest

T. Kalaiselvan, Advocate (Advocate)     08 September 2015

No doubt one year period will be for the collection of arrears but one must read the law properly to understand the provisions of this law. 

The provisions reproduced below

If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:

 

From this it clear that it will be one year from the date of due and not for only one year period. 

deep (deep)     08 September 2015

Thanks lot for reply sir, but i being a layman not able to understand , my query is

Order passed in 16sep2014, payment to be made from filing i.e. march2014, now if i file execution before september16, i can get/claim for maintenance from march2014 to sepyember2015, but if i miss it and file execution after 16sep 2015, what can i claim u/s 125(3):- maintenance from march2014 to till date, or nothing, or from september2014 to sep2015(1 years only)

Pls answer

 

 

 


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