ess oberoi
21 March 2009 at 20:11
In a complaint before the consumer forum, the opposite party submitted false facts on an affidavit. The complainant also filed an affidavit asserting the true facts and prayed the consumer court for taking cognizance. The Consumer forum did not give any decision on false evidence. In an appeal before the state consumer commission, the complainant/appellant also brought out the falsehood submitted by Opposite Party on oath. The State consumer commission did not give any ruling. How to proceed further. What is the format for filing criminal case and under which rule of IPC/Cr PC in this context? plz help!!
DEFENSE ADVOCATE.-firmaction@g
21 March 2009 at 15:42
There is no specific provision for recall of process in a criminal case by the same Court which has issued it.
What is the procedure for recall / cancellation of process once issued and what is the latest case law in the matter.
Apurva Kumar
20 March 2009 at 12:06
Can ny 1 provides me the citation of Navjot Sngh Sidhu famous case in which he was aquited afterwards, nd allowed later to contest election thou he was convicted! or complete fact nd judgement of d case!
Regards
Apurva!
advocate satya
20 March 2009 at 11:43
hi
if there is a case of cheque bounce and the limitations of three years is been passed, if the accused shows the cheque amount as in his income tax return will the limitations extends? i heard a recent judgement on this is it true? further i want to ask can the information of any person as to his income tax return can be got from income tax dept. under RTI?
Pankaj Kumar Singh
19 March 2009 at 17:22
Hi,
What recourse lies for the complainant after discharge of accused by Magistrate in a case of cheating & forgery.
Regards,
Pankaj.
Pankaj Kumar Singh
19 March 2009 at 16:58
Hi,
What recourse lies for the complainant after discharge of accused by Magistrate in a case of cheating & forgery.
Regards,
Pankaj.
N.K.Assumi
19 March 2009 at 06:00
Dear All,
I will appreciate if any one of you can provide me the judgment of Ramchandra Ram Reddy and others Vs The State of Maharashtra.This case relates to narco analysis test, brain mapping etc and its validity. Thanking you all in advance.
sampoorna
18 March 2009 at 22:00
Respected to all,
this is sampoorna, many of you know about my case, my husband is upscanding since four years and a non-bailable warrant is pending on his name on dowry prohibition act in nampally court,from 2005 to till date, where as my in laws are coming to the court and giving attendance,
i had given the complaint to women police station begeumpet,in the year of 2005 because i live in hyderabad the police after investigation they have filed charge sheet in the nampally court on cc no 473, my father-in-law went to high court to quash the fir, in the year of 2005 but the honerabel high court had dismissed the case, after vacating the stay my in-laws are coming to the lower court, now gain my father-in-law had given the petition to the high court asking to quash the 498 case in the lower court. which is pending on cc no 473,stating that,i am living in hyderabad, and my in-laws stay in warangel, and the offence took place in warengel, so, the courts in hyderabad had no territorial jursdiction to entertain the case.
i request you all to pls clear my query, since i am in hyderabad i had given a complaint to my near police station, and my marriage took place in the year of 2003 in hyderabad,is there any such rule passed that the compliant should be given at the place of offence,do nampally court had no right to run the case?, will high court will quash the case in the napally court based on this?
pls tell me...
thanking you,
sampoorna
advocate satya
18 March 2009 at 14:26
hi
i want to ask if a traffic policeman saw someone crossing red light or any offence under MVact he issues challan, how the law agree with the witnessing of traffic police only that the violation is occured, whereas even in other cases witnessing simply by one man that too who is empowered to challan or file FIR is not sufficient, any view? if someone wants to contest the case what he will do when the witnessing of traffic police only says that he had seen the violation, he can do that with enemity also or to get revenue for the govt. as well?
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Rarest of rare case under S.138 Negotiable instrument act
The complained in filed by a wife against husband during the currency of the marriage. No divorce petition filed till the date. The facts of the matter are as under:
01 It is not mentioned in the complaint that the accused is the husband of the complainant. It is mentioned that, the monetary transaction took place in a friendship as both of them working in a Bank.
02 It is mentioned that, complainant deposited Rs. 2 lacs in accused account who was transferred to Delhi when transaction took place and related ‘Pay in slip’ is also filed in by the complainant. During the transaction the relation between the two was at pick. She requested husband that let us have joint fixed deposit in the bank for the entire amount. The amount was the sell proceed of a house which she acquired from her ex-husband.(Main intension was to escaspe from the tax liablility by transfering the amount without knowlodge of accused).Accordingly husband kept the amount in Fixed Deposit account. Operating instruction was either and Survivor. The account opening form was singed by both.
03 After transfer to Delhi husband handed over three blank cheques to wife as insurance premium was due immediate to his transfer. But on due date wife told that the cheques are misplaced and hence husband made the arrangement from payment from different account and hence cheque remained with the complainant.
04 After sometime when wife was in need of money husband remitted Rs. 1.20 lacs out of Rs. 2 lacs to wife through Demand Draft. This fact also not mentioned in the complaint.
05 Once relation between the two spoiled, the wife deposited two cheque out of three blank cheque in the bank for Rs. 2 lacs towards principle and Rs. 42000 towards interest in the bank which returned unpaid without any knowledge to the accused as the account was dormant since long.
06. First notice served but address was written in Gujarati Language and hence could not reach to accused. But no action was taken by complainant without any reason.
07 After few days, she deposited third cheque which was returned unpaid. On this basis notice was served and once again address was written in Gujarati language including numbers pin code flat number etc.
08 The husband came to know about such return of cheque when he received court summon. Since husband had not received any notice or intimation, he filed complaint the local post office about the non receipt of Register post. After inquiry by the post office official, replied that, Since the address was written in Gujarati language the postman given the intimation in flat no C-103 instead of C-703 and hence remain unclaimed and returned to the sender.
Considering above facts of the case, I request my seniors and experts to offer their comments on following aspects.
01 Whether it will be treated as ‘Business Transaction’ Or transaction in a ‘Relation’
02 Whether it will be treated as ‘Consideration passed to the accused’
03 After confirmation by the post office that, it is not delivered to the accused whether it will be termed as ‘Notice served’ to the accused keeping in light of General clause Act 27?
04 What about two notices served? The case will be based on first notice or second. The date of filing the suit is after 60 days of returned of 1st cheques. The cause of action will start after 1st notice or 2nd notice? If we consider 1st then, the suit will be treated time barred.
05. The complainant has submitted only statement of account of the accused account which she get from the bank as a proof of debt.
06 Whether it will be termed as ‘Legally enforceable Debit’?
07. The wife has not given in writing that cheques in quetion were misplaced. It was oral communication between husband and wife.
08 Can accused approach High court for quashing the criminal complaint? If so what grounds?
09. Can accused file a complaint before Hon.Megistrate under CrPc 156(3) and demand police investigation and crminal case again