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TRIBHUVAN PUROHIT   27 July 2009 at 15:45

Powers of section 319 & 482

As stated in subject, please let me know about complete details of powers u/s 319 & 482 specially mentioning when & where these sections are used.

Awaiting reply.

Thanking you,
TRIBHUVAN PUROHIT

ad. creaminall   27 July 2009 at 15:43

charge reframed

on behalf of Accused >>> a criminal complaint filed against the accused and charge framed for abetment, fraud, forgery, cheating etc. after more than 3 years pp. filed an application for alteration of charge framed against the accused. court has reframe charged. can amagistrate has a power to reframe the charge of the application of alteration the charge? or can a magistrate has a power to reframe the charge with or without anay application?

Vishal jain   27 July 2009 at 11:54

Help to draft complaint regarding Phone with fake ID

Hello,

I am having a matrimonial dispute with my in-laws as I have been pushed in a false 498a case.
Now, From reliable sources I came to know that all the phones(land line & mobile) they are using, has been on fake IDs, means they are using those phones having fake IDs.
Please help me as to what judicial/non-judicial action(s) can be taken against them and how ?? so that they can be f***ed as I want to forward one complaint to the local police station under the Subject

Subject: (To Register a F.I.R regarding cheating with law and the society, giving wrong & projected information(fake IDs) under Sections 420/419/467/468/471/417/34 of IPC and also teligraph act.)

Please let me know the format to write the complaint. And the contents to include in the complaint.
I will be obliged if you can make a rough draft for me in a legal manner, as to what should I write in the complaint(point wise) as I am not in position to hire an advocate

From
Vijay
09899667936

agapi   27 July 2009 at 04:20

145 crpc

at first i would like to thank mr.vishal and mr. kiran kumar for their helps .

can anybody plz forward me a sample of 145 crpc complaint? any sample will be welcomed

regards

Niteshkumar Popat   26 July 2009 at 18:02

Defamation

if one is defamed through circulating pomplet but there is nothing to show who had published. can one filed the criminal compliant against the man who has the knowledge regarding the defamed fact. and how defamaed person will prove his complaint.

suparna   26 July 2009 at 14:46

IPC498 n 306

What is the maximum punishment if proven guilty under these two sections? a college lecturer has been framed under IPC 498 after 15 years of his marriage when his professionally struggling wife with active social connections as a theatre activist has commited suicide leaving a note mentioning mental frustration. his in-laws have have filed a FIR citing dowry related torture mental torture though the husband returned once a week from his long distance workplace and carried out all the domestic responsibities.
Please suggeest where he stands in terms of legal perspective

Ziaur Rahman   26 July 2009 at 13:00

Defamation

What is the period of limitation for filing a defamation case under section 500 I.P.C. Does the time start from the day when the slenderous and defamatory was communicated by the accused to the complainants employer ar from the date when the complainnat came to know about the same being intimated by the employe.

Rajesh   26 July 2009 at 00:33

Section 420 ^ 506

Hii One of Friends has got Into a Problem a Case of Section 420 & Section 506 has been Filled , I need Your Help in how he Can get out of this .

Friends Name : Jayesh
Complaintant Name : Mr.Panwala
Third party : ( Alliance Finance corporation)


My Friend Jayesh Started Trading in Stocks few years back, he got introduced to Mr.Panwala through Some Family Friends. Now they Both Mutually Decided to trade in stockmarket under Some personal Shareing Basis . So for This Mr.Panvala issued a Check For 65000 Rupees , As Mr.panwala Didn’t have a trading account opend . My Friend got the Check Discounted by taking Cash From Alliance Finance Corporation , Mr.Jayesh Started trading in his personal account with a registerd broker .Now the account was in profits & they were Also using the Funding Facility given By stockbrokers So on deposit of 1.5 lac he was holding shares for amount of almost 4 lacs in the account . Now One Fine Day mr.Panwala Said he wants Some money back and close things . So Mr.jayesh my friend issused Him a Check for 77684 Rupees without Writing the Date on it and informed mr.panwala that the shares will have to be Sold first than he will get the money back in his personal account in few Days and mr.panwala can Deposit the check . Next trading the markets open down too low and my friend Called him up informing mr.panwala that shares will get sold at very Lower Rate and they mutually decided that they would hold the shares and My Friend Informed Mr.panwala that not to deposit the check . as Everything was going on fine and the relations were good he didn’t take the check back . In the following Days the Stockmarket Started going lower & lower . Now they got into Debit account . as they were holding shares worth 4 lacs they now become almost 1.5 lac . Loss of 2.5 lac . So my Friend asked Mr.panwala to pay his part of loss to him back . in the mean While my friend had to pay the money to broker for the losses and same time he cleared all dues with main broker . Meanwhile as the Losses were Increasing he was left with no money and has used his credit Card mean while to pay dues and than he got defaulted on credit card payments and bank Closed his Saving account which was interlinked to Credit Card
Note: the Bank Closed His account . While all this time he was demanding Money from mr.panwala so he could come of all this . Slowly the relations started getting bad and Mr. panwala subbimitted his check in the bank with got Returned with Stamp Closed Account . When My friend Relaised Same he got angry on mr.panwala and informed every in the group that mr.panwala Did like this and cant be trusted anymore . Same time he was using pressure on mr.panwala to pay him the loss amount and had many heated arguments with him over phones

So to Make things worse after 4 Months mr.Panwala Deposited Same check again and the next Day First Send a notice to My friend under section138 to repay the amount . My friend approached a lawyer Who told Him that as mr.panwala has never given a Check Under your name to you . He cannot Legally prove that he has given you money and claim will on bounce will not stand up in court as he cant prove he has paid you money
So my friend Didn’t look into the situation much and Nor Did lawyer Reply to that Notice

Later on Few Days later my Friend got a Call From police Station that he is been called for Some investigation for a complaint Filled by mr.panwala for non payment of dues and the check has got retuned with Stamp closed Account which is Cheating

So Now a Complete Case has been Filled with Story that Mr.panwala gave him a check For rupees 50,000 in Hand which he intentionally Deposited in third party Name and took Cash From third party . Used the money for personal Expernsed and when he mr.panwala Asked For the money back . he Cheated him by using a Check From closed bank Account which is Fraud and Cheating

So Cases Under section 420 & 506 have Been Filled against Him and Polic

A Truthseeker   25 July 2009 at 21:57

sec-498A IPC

sec-498A IPC should be made bailable so far as the relatives of the husband are concerned. it is the duty of primarily the husband to protect the wife from torture. if the wife is tortured it would be presumed that the husband is prima facie responsible and he in no case can escape it. but it is very easy to implicate the husband and the relatives.in such circumstances in case of false accusation at least the relatives may be saved.

Sujit J Pathak   25 July 2009 at 00:27

Summons to Accused 138 N.I Act

Reaaly grateful to experts to spare few minutes from their busy schedulke to solve my query. If summons received by wife doesn't amount to valid service then every accused will use this to delay court proceedings.What is Apex court's view on this issue? Citations will be very helpful. Thanks in Advance.