jaideep
09 December 2020 at 11:08
dear expert my friend has made an agreement of purchase of second hand "Activa" from auto dealer, At the time of agreement he has not disclosed the material facts of the vehicles that there is some problem in engine and it need require work in that engine ,and told that everything is perfect i will take responsibility and on his words after seeing the outer body and one small test drive ,my friend decided to purchase the vehicle and paid 90% amount and rest 10% after 2-3 days after satisfying with the condition of vehicles but ,the very next day vehicles not started after various attempt ,then he decided to inform the dealer and then drag the vehicles to authorized service center where he come to know that ACTIVA engine is almost full damage and it involves lots of expenses ,then he called the auto dealer and said him to collect activa from service workshop decided to cancel the deal and asked for refund because RC is also not transferred and condition of agreement is also not fulfilled, simply dealer has not disclosed the facts and now he is refusing to give money ,physical possession of vehicle is also with him, from the very next day,money is also with him, and not even RC has been signed, almost one month has been passed now my question is that , what legal action we can do to safeguard our interest
abhimanyu
02 December 2020 at 16:04
It has been told by a local advocate that in the case of Notices under Section 111 of CrPC, with respect to breach of peace, sureties of the value of Rs.35000/- are not accepted by executive magistrates by way of cash or fixed deposits but car papers or property papers are insisted. A poor person can arrange sureties by way of ONLY cash or fixed deposits.
It may be advised
i) how the poor man can save himself.
ii) What are the other options for him to get himself released?
iii) Are rules in this regard are different for different states in India. "
abhimanyu
01 December 2020 at 08:03
A, received a notice under Section 111 of the CrPC from an Executive Magistrate in which he refers to a report from the Local Police Station as per which A beats two labourers of the locality because of which there is tension between the parties and they are likely to commit a breach of the peace and on being satisfied with that Report Executive Magistrate issues a show cause notice to A as to why he should not be ordered to execute a bond, with two sureties of Rs. 35000/- each for keeping the peace for 6 months. The fact is that A has never beaten those labourers and their complaint is false.
Please opine on the following points”
1. As A, who has never beaten labourers, has not been provided a copy of the Investigation Report referred to in the Notice received him, and is not aware of anything mentioned in such Report on the basis of which the Notice has been issued to him, he cannot defend himself before the Executive Magistrate.
i) Can A make a prayer to the Executive Magistrate to provide him a copy of the Investigation Report , contents of which he is not aware at all, so that he can show cause as to why he should not be ordered to execute a bond, with two sureties of Rs. 35000/- each for keeping the peace for 6 months?
ii) What are chances that prayer of A for providing a copy of the Investigation Report will be acceded to by the Executive Magistrate
iii) What type of sureties can be provided in such cases for Rs. 35,000/- .
iv) Can A make a prayer to the Executive Magistrate to order an Enquiry in to this case?
v) Can A make written submissions before the Executive Magisrate on points (i) and (iv) above on the first date when he appears before him?
Anonymous
29 November 2020 at 10:44
Sir a STC is there on husband and wife, the fact is husband only beat the wife but he went and filed a complaint even before wife could and police filed on both on section 323, 506.
So what is a STC and how long does it take to fight the case i mean how long will it take for the case to be over?
how to fight the case ?
what will be the procedure of such case in court.
kindly advise sir
raju
29 November 2020 at 09:51
In sexual assault molestation and outraged modesty of women some persons just to save the accused are giving false statements u/s 161 to police and even police supporting the accused as very influence. My query is can case of defamation be filled against these persons for giving false statements or any other remedy.
Anonymous
28 November 2020 at 20:33
Sir a present municipal commissioner registered a contract Co. in his office to participate in works contract. . an elected councillor is a major partner in the company The company took many contract payments . They produced fake TDS tax remitted certificates and misappropriated tax revenue 38 lacs. HC ordered for recovery. Recovery was effected. FIR registered against the Co. But still present commissioner awarding contact to same Co. But no criminal action initiated against the commissioner.
So many petition sent to higher officers. All are waste. Pl tell what's the procedure to get prosecution sanction against the commissioner sir
vinay Singh
25 November 2020 at 21:56
Sir i want to file discharge petition for 498a case in trial court during framing of charges . So i want to know whether the opposite party advocate will agrue during framing of charges or not?
Anonymous
25 November 2020 at 21:03
Sir i want to file discharge petition during framing of charges in 498a case.
Whether there will be any argument of opposite party during framing of charges.
Anonymous
25 November 2020 at 14:01
Resp sir in a trap case inspector of VAC handed over the property of phynopthaline solution bottle to the court next day. Later two months inspector sent letter to foresonic director through court for lab test. It was sent through constable of VAC who was in the trap team. Report came positive and it mentioned the solution was received through spl messenger constable. Now Pl clarify whether a court property can be sent through same VAC constable? Is it legally correct?
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