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sanjay kumar patibandla   06 February 2009 at 21:35

power of attorney

Is the power of attorney holder can sign on a complaint u/s 200 of cr.p.c?. The matter is regarding dishonour of cheque

Please know me with case laws.

KAMARAJ BHARATHY G   06 February 2009 at 18:10

MIS APPROPRIATION OF FUND

DEAR FRIENDS
I AM BEING LEGAL ADVISOR TO AN UNREGISTERED TEMPLE. IN THAT TEMPLE THE OFFICE BEAR HAS TAKEN 13,000/- RUPEES FOR NON RELEVENT TO THE TEMPLE ACTIVITIES. I AM GENERAL BODY MEMBER ALSO TO THE TEMPLE. NOW MY QUESTION IS CAN I GIVE COMPLAINT AGAINST THE OFFICE BEARER FOR MISAPPROPRIATION OF FUNE? AND WHICH OFFENCES WILL BE MADE OUT?

Jainodin shaikh   05 February 2009 at 18:56

Cr.P.C. Sec.457

In a criminal matter u/s 379,380 stolen ornaments were recovered from the accused on the basis of disclosor made by him in investigation. He further disclosed to the police that he has stolen the ornaments from the house of the complainant.
The complainant made an application u/s 457 in the Court for returning of the ornaments.
But he has no documents (purchase receipts) to establishe his ownership and the ornaments are old more than 30 years,
How can the complaint prove his ownership in this situation?

umapandya   04 February 2009 at 14:30

case pending

The criminal case is not moving despite fast trial orders from high court.the witnesses either not coming or judge do not availlable for hearing due to workload on due hearing date. what do we do.judge himself seems to linger on the case

Shonee Kapoor   02 February 2009 at 17:28

Help Regarding 182IPC

Dear Sir,

I am a relatively new member at lawyersclubindia forum. I have been impressed by your knowledge and sharing on the forum. However, there is one particular question, on which I have not got satisfactory reply, hence bothering you over PM.

I have been fighting a case u/s 498-A/ 406. I have also been charged with various other cases like 506 and assualt on multiple times after filing of 498-A case. The reason for the same is that I have refused their demand of Rs. 25 Lacs for settlement and am fighting 498-A case on merit.

Recently I have been acquitted in one case of threatening, physical assault and attempt to snatch the child along with another case under Domestic Violence.

I want the police to act under 182IPC for the wrong information given to them to file these other cases against me. However, the police is not acting on it. And on the top of it, they have lodged another complaint of threatening and physical assault.

I have been given to understand that I can not lodge a private complaint under 182IPC as CrPC 195 bars it. Does that mean that I am remedyless against their false complaints, if police does not lodge a case against them.

And if I am remedyless would I keep on fighting successive cases of 506 and 323? Is there no remedy against it.

Your valued opinion would be very helpful.

Regards,

Shonee Kapoor

Ranganath   02 February 2009 at 17:16

Can this FIR be quashed?

Ld Counsels, I am falsely implicated by my wife and father in law. My FIL gave a complaint stating that I demanded 10 lakhs for living with his daughter. After one month police took another statement from my wife that says I am not interested to live with her and I am demanding money even to give divorce. If she wanted divorce she should have approached family court instead. The fact that we attended couseling before going to police is not revealed in teh first statement. Also the FIR is filed after one month since the compliant is lodged. This is a counterblast for my petition in family court under section 9 of HMA. My wife has left my home with all her things and threatening me to give money. Can this FIR be quashed. There is no mention of date and place of dowry demand, the statement that she seeks divorce and his fathers statement that I demanded money to live with her is contradicting. Also pls tell me if police can tamper with statemetns made and further complicate the matter. I have not received summons from court. FIR registered on 10th Nov 2008.

Jainodin shaikh   02 February 2009 at 16:17

Vakaalatnama

(1) Whethe accused person can apoint a new lawyer without obtaing N.O.C. from his previously apointed lawyer?
(2) Is it necessary to obtain N.O.C. before filing new Vakaalatnama in a criminal matter?
(3) Can a lawyer defend the accused in criminal matter without filing Vakaalatnama?
(4) under which provisions of law?
(5) Is there any caselaw to clear this point?

Jainodin shaikh   31 January 2009 at 23:21

Cheque having two names as payee

What defence under The Negotiable Instrument Act is available to the accused who allegely have issued a cheque(bounced after presentation for clearing) in favour of the Complainant and of himself (drawer + drawee) which is an unusual behaviour?

N.K.Assumi   31 January 2009 at 06:55

Remand without physical productions of accused:

Is it legal for the court to passed mechanical order of Remand without physical productions of accused before the judicial magistrate or magistrate?

N.K.Assumi   31 January 2009 at 06:50

The word Judicial Magistrate:

Does the words Judicial magistrate and Magistrate in sections 56,57 and 167 Crpc also include Addl Session judge, Session judge and High Court also? if so are they competent to remand an accused in Custody?