4WhatIsRight
10 September 2021 at 12:15
I am a super senior citizen, own a shop which has entrance through a common passage leading "only" to my shop.
Same is reflected in my deed of conveyance. (W) Entrance, (E) shop and wall on both sides (N & S).
Recently in my absence, my neighbour has made a door opening to that common passage from the wall on South side. His objective is to encroach the common passage leading to my shop.
I approached the local ps and (being influenced) they said that it is civil matter, you go to court.
Isn't such matter a criminal offence? What are the remedies to such illegal acts?
Anonymous
09 September 2021 at 22:31
A cognizable offence is the one for which a police officer has discretionary power to arrest a person without warrant, under Section 2 (c) of CrPC.
The Section 41 CrPC is the provision that enables a police officer to arrest an accused without a warrant.
The Section 41 a, CrPC deals with arrest when the offence is committed in the presence of the police office.
Section 41 b, CrPC speaks of arrest relating to a cognizable offence punishable with less than 7 years or up to 7 years.
In this scenario, my query is which is the basic enabling section in CrPC which deals with the arrest of a person (without a warrant) accused of a cognisable offence having more than 7 years of imprisonment?
Balaji Bakthavathsal
09 September 2021 at 11:53
A Govt. Servant got convicted and sentenced to undergo Simple Imprisonment for one year u/s.138 r/w 142 of Negotiable Instrument Act and also directing the accused to pay a sum of Rs.2,75,000/- as compensation u/s.357(3) of Cr.P.C. in 2014 by the trial court which was confirmed by the next appellate court in the year 2017.
However, the govt. servant concealed the fact, continued in service and got retired on superannuation on 30.04.2018.
What could be the course of action that could be taken on the retired govt. servant ?
Please quote the citation, if there is any.
raju
05 September 2021 at 14:37
Complainant examined and list of witness filed u/s 200. Please advise when to file process fee.
Ziaur Rahman
05 September 2021 at 12:48
Based on source information, an F.I.R against the unknown person was registered under section 25(IB) r.w 35 Arms Act after the recovery of some arms and ammunition from the corridor of his premises when he was out of town. He was called by the police from another town and arrested in the said case through the FIR was against unknown. After the media trial and the hype in the local newspapers, the accused was granted bail. In West Bengal, as per the criminal amendment, in Arms Act cases within 2 years from the arrest of the accused person, the investigation must be completed. However, the investigation was not completed. He was also not discharged by default after the two years of his arrest and bail by the Magistrate. After about 3 years, the investigation officer submitted a prayer to the Magistrate to permit to continue the investigation and thereby enhanced the period of investigation, which the Magistrate did without informing the accused. After a week, the Investigating Officer submitted a charge sheet. The Charge Sheet has not been served upon the accused till now. I am not going into the merit of the case. Now should the accused file a default discharge application in the same court of Magistrate or should go before the District Judge challenging the illegality against the extension of the time for investigation and his non-discharge by default after completing the statutory period of 2 years from the date of his arrest? Kindly advise.
Ram
04 September 2021 at 21:08
Dear Most Respected Experts,
My wife had filed a maintenance petition u/s 125 CrPC in the year 2007, then we filed a joint memo and we lived together for some time. When quarrel picked up, she filed FIR in the year 2008 u/s 498A & 4 of Dowry Prohibition Act. Then in the year 2009, she filed another maintenance case u/s 125 CrPC.
Now case u/s 498A is going on in court. Allegations mentioned in the maintenance petition in the year 2007 are totally contradicted with FIR filed u/s 498A in the year 2008. At the same time, allegations mentioned in 2009 are also totally contradicted with FIR filed u/s 498A.
I have taken a certified copy of the maintenance petitions (125 CrPC) of 2007 and of 2009.
My Questions:
==========
1) Will the court admit both the maintenance petition (2007 & 2009) as documentary evidence and the judgement will be passed on the contradictions?
Thanks in advance
Ram
Uday Kumar
04 September 2021 at 17:32
Dear Expert
1. We have received 12 cheques against the 4 invoices and all 12 cheques deposited at one time and after bounced one composite note has been sent ..
2. Further to that Party came and issued letter and Signed Settlement Agreement
3. Now one Complaint for all 12 cheques have been filed in the Court
4. Now Court is of the Veiw that as per section 218 , 209 and 220 this Complaint is not maintainable as we can file the complaint with maximum 3 similar offence together, since transection is different hence this complaint is not maintainable
Kindly advise with judgment so that we could save this complaint.
With Regards
Uday Kumar
Anonymous
04 September 2021 at 13:22
Dear Expert,
I have filed one Complaint U/s 138 of NI Act against 12 cheques issue by the Accused against 4 invoices of the Complainant.
Accused duly confirmed the issuance of cheques on letter head and even signed Mutual Agreement as well.
All 12 cheques bounced together against which one Composite Legal Notice was issued and accordingly 1 complaint has been filed but Magistrate say Complainant is not in accordance of Section 218 CrPC ,219 CRPC ,220 CrPC hence not maintainable
Please help with some judgment if I can maintain such complaint
With Regards
Uday Kumar
Sushil kumar
04 September 2021 at 12:57
Sir,
perjury application u/s 195-340 was filed with prayer send it to Sho police FIR etc.
After evidence and my statement etc. Court ordered on next date arguments on summoning,
No order passed on our prayer of send application complaint to SHO police for FIR etc..,
Is it correct lawful proceedings, ???, Court need to pass speaking, reasoned order, for not sending to police for FIR..please advise...
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Co-operative society
I reside in cooperative society. I pay fixed amount of maintenance per month. Manging committee never gives list of expenses out of monthly maintenance they are getting from members. They put amount in there pocket.
When some repairs are to be done in society (like repair of broken wall), managing committee demand additional amount which is very high compared to cost of work and when few members question this, they cut electricity from generator set. There is no bank account of society and all the things are happening in cash.
What remedy does member had against managing committee ?