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DR SURESHA G   18 October 2020 at 20:15

Recovery of debts

Dear Professionals

I have paid Rs 87 Lakhs to my Brother from 2016 to February 2018. I am a NRI and all the money was paid through the bank transfer and cheques .Since August 2018 he is not in good terms with me. He gave me a cheque of State Bank of Mysore and the same was no more operational since 1.7.2018. He intentionally cheated me . He is a notorious criminal .Now i have to file a suit against him and the amount is Rs 1.5 Cr which includes interest @ 18% p. a . My lawyer issued a notice in Nov 2019 for which he did not responded . Now my lawyer is asking me to pay the Court fee of Rs 286000/- .
Can anybody advise me of future consequences? Is there any chance to get rid of court fee?

Satishkumar   18 October 2020 at 11:11

Ipc and compensation

I am an Advocate from Tamil Nadu.

*Clarification required*:

A 26 years man is working is a Brick Kiln for daily wages. High voltage electric line is passing across the Kiln. The owner didn't take any precautionary measures.
The servant met electric shock in due course of work. Till now FIR not filed. I sent representations through RPAD. Now i want to file petition U/s 156(3) of CrPC.

What penal offence will attract on owner?

What is the procedure to claim compensation?

Anonymous   15 October 2020 at 16:17

Application u/s 156(3) crpc

Kindly answer my query,
I filed a complained in the police station regarding a trespass happen in my house. But no action taken so far.
Kindly advice me, is it enough to file a letter written petition in the Judicial Magistrate Court and pray to direct the officer of PS to take action or else?.
Thanking You.

Anonymous   11 October 2020 at 19:12

Regarding registration of fir.

Sir, I gave a complaint against a person that he took some money from me through cheque for sending me abroad and when IO called that person he produced some fake bills of his company that he took that money to supply some goods to me and not for sending abroad. Ultimately police after taking that fake bills closed the file. After that I verified that bills from excise department which gave a report that these bills are bogus and doesn't exist in department record,,,, now can I take action against that person of producing forged bills to police and court??

raju   10 October 2020 at 22:45

Bank issue

Cheque of rs.12000/- presented to cashier of bank and in evening he told that extra amount of rs.3000/- issued i.e total rs.15000/-. The bank told to refund extra amount else they shall file complaint. My query is that when bank didn't gave me any extra amount can they file false complaint or do I compromise with bank and pay from my pocket for the amount.

guddu   10 October 2020 at 21:58

65 b performa is not as per law

criminal case 454ipc &380 ipc
in my charge sheet there is 65 B CERTIFICATE which seems to me not according to law
learned councel please read this
if it is not as per law may be chance for defence
this is written in hindi
प्रमाण पत्र अंतर्गत धारा 65 बी भारतीय साक्ष्य अधिनियम

प्रमाणित किया जाता है कि मै x पुत्र y उम्र ...निवासी ........इस पद पर.... स्थान ........बसिलसिले तफ्तीश मुकदमा नंबर अ /बी धारा 380 ipc दिनांक a /b /2020 पुलिस थाना ज्योति नगर उपरोक्त प्रकरण की घटना के क्रम में मॉल में लगे cctv कैमरे की रिकॉर्डिंग मेरे द्वारा I O को पेन ड्राइव में डाउन लोड करके पेश किया गया है।
जो मेरे पास सुरक्षित है मै माननीय न्यायलय में अभियोजन साक्ष्य के समय उक्त तथ्यों की पुष्टि हेतु पेश कर दूंगा।
उक्त प्रमाण पत्र मेरे द्वारा जारी किया गया है


SIGN
NAME
ADDRESS
POST
CITY
(ended here )
THATS IT .i think this will not admissible
it should be like below performa
DVR :
Manufacturing :
serial number :
software :
I certify the aforesaid Video footage generated from the above DVR that :

The recording contained in the above DVR were generated into it in the ordinary course of activity/usage of the DVR which was into my possession/control.

During the period .....to.......the above mentioned DVR was operating properly and there have been no such operational problems so as to affect the accuracy of the electronic record.

During this period, the DVR was in my possession ans safe custody and its software have built in security mechanisms i.e. Password Protected Access Control etc.

The electronic record generated from the above DVR has been derived from the information fed into it and is a true extract of the data in the aforesaid mobile.

The above said mobile is in working conditions, till today i.e. ........when the output was taken from the aforesaid DVR. the data transferred on CD/DVD/PEN DRIVE have been done by technical expert in my presence.

I am computer literate and having ................qualification in IT.

The above stated matter is true to the best of my knowledge and belief.

I think his 65b as written in hindi version would not admissible before court of law ?
m i right or wrong ?




Anonymous   08 October 2020 at 13:14

Criminal n civil query

The Petitioner is an employee of BSES Yamuna Power Limited (being a transferee employee from “Delhi Vidyut Board” upon its unbundling into five successor entities and BSES Yamuna Power is one of them. Vigilance seized document of Petitioner on 10-01-2013, saying that one of my sub ordinate has taken bribe on my direction on 09.01.2013. Petitioner was promoted as Dy. General Manager (Look After) on 21.04.2014. Petitioner was issued a Charge-Memo dated 24-11-2014 w.r.t. incident took place on 09.01.2013, which was challenged on ground of jurisdiction by way of writ petition in high court, LPA, SLP & review, but all were dismissed, but confirming rules applicable to complainant w.r.t. FRSR & disciplinary proceedings. Petitioner appeared in enquiry, which was completed with lack of statutory provisions in 52 months i.e. complete listed documents not provided, all defense documents & none witness allowed, not allowed to complete the X-examination of Investigation Officer, one PW dropped arbitrarily. Amid inquiry officer completed prosecution case and closed the enquiry without giving chance for defense case to Portioner. Petitioner filed writ in high court challenging arbitrary order for submitting brief without conducting defense case, said matter has been ruled with direction that enquiry outcome would be subject to result of writ. Enquiry officer declared all the charges stand proved without mentioning defense case in his enquiry report. Petitioner filed representation against report of enquiry officer, but same was not considered. Consequently, so called disputed disciplinary authority-imposed penalty of stoppage of 4 annual increments on cumulative basis through penalty order dated 16-07.2019, which was neither self-contained & reasoned nor speaking order. Thereafter Petitioner filed revisionary petition against penalty order to Appellate Authority. Appellate Authority enhanced penalty to compulsory retirement. Then petitioner asked to supply schedule of delegation of disciplinary/appellate/revising authority through written request, but none of document was supplied. Thereafter appellate/revisionary authority revoked order of compulsory retirement and earlier penalty was kept in force. Amid two more fabricated charge memos have been issued to complainant for misbehave with enquiry officer in first case on 16.07.2019 and another for slapping and saying cast related words to a lineman on 28.05.2020. Being an employee, the Complainant has requested vide many written requests to Accused Persons to supply the copy of Notification of the Schedule for delegation of Disciplinary / Appellate authorities to deal with proceedings of Disciplinary / Vigilance nature, but the Respondent has failed to supply the requisite document. And without any authority Accused No-2 has issued several adverse orders against the Complainant with mala fide, which has arisen tortuous liability of the Accused Persons. The complainant also filed RTI to holding company to supply schedule of delegation of disciplinary/appellate/revisionary power w.r.t. successor entities of DVB & DVB, they supplied for all except BSES YPL, giving reason same is not available with the holding company. The Complainant also lodged complaint with the Commissioner of Police Delhi and SHO, Police Station Anand Vihar Delhi but no response hence filed complaint before Hon’ble Chief Metropolitan Magistrate. My query is that Magistrate is asking for IPC n CRPC, which I don,t know. Further where can I approach under which ipc, constitution to punish culprit and to set aside illegal order, for damages n defamation. I m from Delhi. with regards

Bhagwan sahay   05 October 2020 at 14:33

After challan what will happen on next date

criminal case
I m accuse
I m On bell
Challan has produced on 8 sep
next date is 28 Oct
wish to know what will happen on 28 Oct
Will court ask me anything ? or
public prosecutor or magistrate will ask me like some question ?
or Ask to my councel & starts framing of charges
I m looking new lawyer for trial
Yet I did not find
Till I find prudent lawyer
If more important will not going on 28 Oct then I Will go with former lawyer
I fear what will happen to me in court on 28 Oct I need some time to find prudent lawyer to defend me
Tell me what will happen ?
What will the next step court will take on 28 Oct
though here in my court there is lokdown till 16 oct

Amit Joshi   03 October 2020 at 02:12

Legal remidies for false atr firs on false caste certificate

Hello, myself Amit Joshi. Civil court has passed interim order in my favour in October 2018 against some illegal transactions in my owned property. Mr. A is restricted from entering my property. From then, he is continuously harrassing me by any means. He wants me to sell my property to him and that's why he is harrassing me. In Feb, he lodged false FIR against me of caste abuse in atrocities act. I get anticipatory bail in that case. 2 days later, he again filed false FIR against me of caste abuse in ST/SC Atrocities act. Again I got anticipatory bail in that case also. Then, I filed petition in high court for quashing 2nd FIR. And my 2nd fir is quashed by bombay high court. Then he filled "Bail cancel case" in court against me in respect of 1st FIR but due to covid-19 from last 7 months that case has not come on board yet. So now, in sept. 2020, he again filed false atrocities FIR against me. And again I need apply to court for anticipatory bail. When I go to police station and other govt. Offices to complaint against him, he uses that complaint form to file FIR against me. On the date When I complaint against him, he shows that on that date he was there and I give him caste abuse which is totally false and fabricated. Meanwhile, I filed some RTIs about his caste certificate, and got his School Leaving certificate, Copy of his service book, and the letter from his employer which shows that he is of "General caste" means his caste certificate is false. He also doesn't have caste validity certificate. I decided to file complaint of him to caste scrutiny committee. But When I go to that office, they said that most of the officers of that office has currently been given the work of covid-19. So, it is sure that cancellation of his false caste certificate will take time.
I want to ask, Can there be any legal remedy available to me by which I can stop him to file false FIR again until such caste scrutiny committee decide legality of the caste certificate ?
Legal remedy means through court.

Amit Joshi   03 October 2020 at 02:09

Legal remidies for false atrocities firs on falscertificate

Hello, myself Amit Joshi. Civil court has passed interim order in my favour in October 2018 against some illegal transactions in my owned property.
Mr. A is restricted from entering my property. From then, he is continuously harrassing me by any means. He wants me to sell my property to him and that's why he is harrassing me.
In Feb, he lodged false FIR against me of caste abuse in atrocities act. I get anticipatory bail in that case. 2 days later, he again filed false FIR against me of caste abuse in ST/SC Atrocities act. Again I got anticipatory bail in that case also. Then, I filed petition in high court for quashing 2nd FIR. And my 2nd fir is quashed by bombay high court. Then he filled "Bail cancel case" in court against me in respect of 1st FIR but due to covid-19 from last 7 months that case has not come on board yet. So now, in sept. 2020, he again filed false atrocities FIR against me. And again I need apply to court for anticipatory bail.
When I go to police station and other govt. Offices to complaint against him, he uses that complaint form to file FIR against me. On the date When I complaint against him, he shows that on that date he was there and I give him caste abuse which is totally false and fabricated. Meanwhile, I filed some RTIs about his caste certificate, and got his School Leaving certificate, Copy of his service book, and the letter from his employer which shows that he is of "General caste" means his caste certificate is false. He also doesn't have caste validity certificate. I decided to file complaint of him to caste scrutiny committee. But When I go to that office, they said that most of the officers of that office has currently been given the work of covid-19. So, it is sure that cancellation of his false caste certificate will take time. I want to ask, Can there be any legal remedy available to me by which I can stop him to file false FIR again until such caste scrutiny committee decide legality of the caste certificate ?
Legal remedy means through court.