Rajaram C Iyer
13 June 2008 at 20:33
PLease give me a sample complaint for filing a defamation case
m.v.prabhakar
13 June 2008 at 15:27
FActs of the case
While prosecuting a public servant in the Criminal case initiated by CBI, Sanction order is required form the appointing authority of that person. CBI Spl. Court takes the cognizance based on the sanction Order.
After cognizance by the court in the year 2001, it was found that the material information given in the said sanction order is not correct and false.
Recalling of summon was initiated and by the time it came for hearing, by virtue of SC judgment in the case of Mr. Adalat Prasad, the court which had given cognizance can not recall the summon. Hence the petition was withdrawn.
Subsequently, discharge application was filed on the ground that
1. The sanction order issued is defective on the information.
2. Entire money mentioned in the sanction order as loss to the company was received by the company as final payment through another court well before the date of sanction order.
3. There by no loss to the company on the date of sanction order.
4. It was further mentioned that compounding is permitted and the decision of Deccan agro was cited.
5. The court also taken cognizance based on the defective sanction order.
6. Argument of charges was not taken place so far.
Due to long delay in the Spl. Court, petition u/s 482 was made in the Delhi HC. It was disposed as
“ It is submitted by the learned counsel for the petition that for the last nine years, he has been facing prosecution but so far even the arguments on charge have not been heard. The concerned court is directed to hear arguments on charge on the date fixed and to pass appropriate orders thereon”.
With these direction, the petition is disposed of.
Query.
1. Is my approach on the defective SANCTION ORDER is correct? Should I take any other precaution/Arguments?
2. What is the remedy available to me against the appointing authority concerned on the malefide/misleading sanction order on the basis of which the court had taken cognizance, which had ruined my career and peace of mind in the past 10 years.
3. Kindly provide me some SC or other HC court decisions on the DEFECTIVE SANCTION ORDER or on the related matters.
4. Sections involved are 120B,421,467,478 of IPC and 13(1)(d) of PCA
Ranjit Asati
12 June 2008 at 18:17
Sir,
I am a wholesale paddy trader from Gondia,Maharashtra.
A person who bought 5 truck of paddy from me has given me a cheque of Rs 5lacs.
But it is dishonoured by his banker with reason "the payment is stopped by the drawer".I sent him a notice through my lawer.He replied that the cheque was missed and he has also done a FIR in the police station.Now what is the way to recover my money.Please suggest me.
NEERAJ GUPTA
11 June 2008 at 15:12
sir,
MY BROTHER EARNS AS PER HIS ITR 1.70LACS PER ANNUM.THE MM GRANTED THE LADY RS RS.8000/- PER MONTH AS MAINATAINENCE. BY WHICH SHE AGAIN APPEALED AT ADL. JUDGE FOR INCREASE AND WAS GRANTED RS.15000/- PER MONTH AS INTEREM MAINTAINENCE INCLUDING THE CHILD OF 3YRS. NOW HOW IS IT POSSIBLE THAT SHE BE GRANTED MAINTAINENCE MORE THAN WHAT MY BROTHER EARNS. PLS. ADVISE WHAT SHOULD WE DO AS SHE HAS PUT AT LEAST 10 CASES AGAINST HIM. HE IS NOT ABLE TO ATTEND WORK REGULARLY AND ALSO BECAUSE OF THESE TENSIONS HE IS DETECTED WITH BP & SUGAR.
FROM WHER HE WILL BRING THE MONEY MORE THAN HIS CAPACITY TO EARN & IF ALL IS GIVEN TO HER THEN WHERE WILL HE FEED HIMSELF.
TIS IS REAL CRUELTY. PLS. ADVISE.
THANKS
NEERAJ GUPTA
vinod bansal
10 June 2008 at 21:54
Sir I want to submit a case in which there are two sets of accused i.e. ABC & DEFG ,there is a eye witness in this case he is saying that real murderer are AB &C but police found in their investigation that real murderer are D,E,F, & G. Police also recovered weapon used in the murder at the instance of accused D,E,F, & G.Weapon Revolver was sent to FSL for expert opinion.Ballistic expert opined that this revolver was used in the present murder case because bullets which were removed (Taken Out) from the body of dceased and test fired bullets are fired from the same revolver.police discharged the accused AB & C and chargesheeted accused D,E,F, & G.but later on eye witness appear in the court and stated that real murderer are AB & C and D,E,F, & G.are not murderer,resultly AB &C summoned by the court us 319 crpc & now position is that two sets of accused are before the court one is AB &C & another is D,E,F, & G. Eyewitness is saying that real murderer is AB &C but FSL (Expert)report says real murderer is Accused D,E,F,& G.which version is acceptable.
jitu
10 June 2008 at 21:17
whether blanck cheque attract prosecution? if no plz give some judgement
jitu
10 June 2008 at 20:34
Several high courts in india had ordered to perform narco analysis of accuse however all the orders are stayed by hon"ble apex court. Now in this cercumstanes what would have been position of the trail court to deceid the question of narco analysis
aj
09 June 2008 at 16:29
i got a case in which a student committed suicide leaving behind a note in which he accussed two of his friends for mantal harrassment which compelled him to do that act.
is there any hope of saving them?
what evidences can be used in their favour?
Beesha Ramesh
08 June 2008 at 13:08
Sir
some relatives (maternal grandmother, maternal uncle of daughter of the defactocomplainant) entered into the house of defactocomplainant with an intention to see their grand daughter, who is the daughter of the defacto complainant, but the defacto complainant refused them to see her. Then they pushed them inorder to see her. Subsequently the defacto complainant filed a complaint for house trespass.
Whether criminal trespass maintainable on the accused?
Whether any citations on this aspect, if available kindly mail me sirs at an earliest.
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Kalandara, goshwara, talbana,rukka etc.
I am not familiar with the words Kalandara,goshwara,talbana,rukka. Can anyone explain what these words mean. Are there any other words used, if so please explain.
Aslo I would also like some one from South ( advocate) to give equivalent words used by the Judiciary and the Police down south
Thanks