puspendra bhadoriya
22 October 2017 at 00:26
If a person have the criminal record likely theft and the case is undergoing during this period a person wants an noc just for a job will that possible if its what is the criteria
Raj
08 October 2017 at 22:36
I have filed the transfer of criminal case arising from an acquittal, from one session division to another session division before the High court u/s 407 crpc, as Judge made certain remarks against which gives me apprehension that he will be going to convict by overturning the order of the lower court. The High court has dismissed the Petition
We have still the apprehension, as certain new developments taken place, that session judge will overturn the order,
can we subsequently file the transfer petition under section 408 crpc, from transferring the case from his court to another court within same session division?
Whether dismissing of a petition under 407 crpc is a bar of filing the fresh petition under section 408 crpc?
pushpakrishna
03 October 2017 at 12:53
Dear experts
In a case u/s 138 of NI act.
The magistrate fined rs.20000 and 6 months imprisionment failing which the accused not paid the fine amount he has to under go another six months.
The subject matter is rs.ten lakhs
If the accused paid an amount of rs.20000 and ready to go imprisionment for six months can we assume that the accused need not pay the amount of rs.Ten lakhs.
I am for the complainant only way is to prefer a cri.Appeal or any other way to recover the amount. There is no chance to file a suit for recovery of the amount as the same is time barred for.
Kindly give me a suitable advice on this.
Thanq experts in advance..
Mohamed farook
30 September 2017 at 19:25
In a transport stage carriage passenger service partnership business one was retiring after ascertaining the account till date.The cheque particulars were mentioned and registered as received.The retiring partner was promised to issue the cheque after registration completes.The cheque was not given.The existing partners declaring a legal notice that they would not give the cheque and not liable to give as the accounts were wrong.The document consisting that the accounts were ascertained and the amount was reached the cheque was written.Criminal breach of trust,Cheating,Criminal conspiracy Case can be complained or not.The firm property like passenger bus can be suited or not by interim injunction order in a civil suit.Both criminal and civil can be filed or not to convict and recover money.please advise me suitably.
Amar
30 September 2017 at 10:48
Respected Sir/ Madam
My sister was born and brought up in State X. She belonged to schedule caste. So, she got residence and SC certificates of State X in 2005. Then in 2010, she got married in same caste in State Y. Same caste also falls under schedule caste in State Y. So, after marriage she got her residence and SC certificates in State Y. However, she didn�t cancel her residence and SC certificates of State X. Then govt. job vacancy in State Y. She applied for job as a resident and SC candidate of State Y. After three months, there was govt. job vacancy in State X. She applied for job as a resident and SC candidate of State X. Then written examination happened for State Y. Then written examination happened for State X. Then result was declared in State Y. She got selected in State Y and verification of documents was done in State Y. Also she got place of posting in State Y. However, before joining some non - selected candidates put some court case and her joining was put on hold in State Y. In the meantime, the result for State X was out and she got selected in State X and verification of documents was done in State X. She joined govt. job in State X.
Her in-laws family was fully aware of this and also supported her in this context.
However, now some family dispute and case is in child & women care cell.
Now, her in-laws threatened her that they can harm her govt. job in State X.
We tried to cancel her residence and SC certificate of State Y, but �certificates maker� govt. officials told us that it is not possible without divorce.
What are the safety measures we can take now?
Can they really harm her govt. job?
Ayush
29 September 2017 at 18:29
My Son (age 15.5 yrs) and I (Handicapped 50 percent )(48yrs) and my wife (42 yrs) have been accused of IPC section 307 ,325 and other sections.I went with my son and wife to my father's house where my brother also lives, There was a quarrel between me and my younger Brother and he came to attack me, so, in defence i hit him with a lathi. we left there and returned back to our house. But Surprisingly After one week my brother came to my house with Police and the police said that we have been accused of ipc 307,specially my son assaulting my brother with an iron rod on his head. Though in the hospital of where he us showing report it's only wriiten swelling of head and CAT scan (though he didn't did the scan).
What do you think the injury report will be?? And is it possible to remove IPC 307,325 ??
And Somehow remove the name of my son and Wife from the charge sheet??
I am Handicapped 50 Percent Any benefit??
Prakash Tiwary
23 September 2017 at 23:43
Case :
Falsely implicated under 498A. Fighting custody for daughter as well. Case is under train in Mumbai. Dowry was claimed by my inlaws. My FIL retired from central gov org in kolkata.
My vigilance complaint
I have filed complaint against F.I.L before Vigilance under dowry protection act. As an evidence i have given their statement recorded before IO and submission before. I requested to look in to correctness of statement , disproportionate asset and dowry protection act.
Vigilance Response
1. Deny to look in correctness of statement as Mumbai police is doing.
2. No disproportionate asset as per their record.
3. They agree if such my F.I.L has given dowry , it is a cognizance offense and written " appropriate action may be initiated on the basis of the result of the investigation by law-enforcement agency in this regard".
My query and seeking suggestion
a) For point #3 who will initiate and refer to law-enforcement agency ? or which law-enfo agency here ?
Should i ask Mumbai police to start investigation based on vigilance report ?
b) Also , how should i use #2 . Income tax or anti corruption is next step ?
Thanks
Sandeep
11 September 2017 at 00:29
I have been granted interim bail with consideration after two days, when I may be granted anticipatory bail. Am I suppose to apply for regular bail? Claimant has appeared before the court to absolve me from all the matter. FIR under 306 and 511 have been filed.
Mithu
09 September 2017 at 20:36
This is to bring to your kind notice that for the reason that I ( complainant/victim) have given birth to female child and for the sake of dowry I have been severely tortured/beaten by in-laws & humiliated publically and after molestation by father in-law thrown out of matrimonial house in NCR on dated 2-Jan-2016 for which FIR No xxxx/2016 (u/s 323, 406, 498A, 506, 34) is registered in Kkr. On 9-march -2016 my husband filed for divorce as per their plan due to non fulfillment of illegal demand of dowry and due to birth of girl child. Meanwhile me, my family and my friends started receiving threatening emails along with audio of our private telephonic conversations from the email ID of xyz@gmail.com (almost 50-60 emails with private call records to all ..me, my witness sister, frends). In a great fear and depression I complained about this to SSP, kk and after investigation accused was caught red-handedly and accepted his crime and FIR Noxxx has been registered (Please note that accused is my husband already on bail in another case i.e. FIR No xxxx/2016 u/s 323, 406, 498A, 506, 34 & has committed the cyber crime & breached the terms of the bail).There was another complained filed by the other victim (sister who is also witness in case under trail i.e. FIR No.xxxxxxx/2016 u/s 323, 406, 498A, 506, 34) residing in NCR to cyber cell HQ in Gurgaon & there the involvement of XX HCS was also found and Cyber cell recommended police chowki NCR to register the case u/s 354D but it was registered U/s 66D and 201 ipc added later on. The FIR no abc has been registered in Gurgaon where officer, HCS as escape route has now become state witness in this case after committing this crime. . me & my unmarried sisters have been victimized and our calls have been tapped/phone or email ID has been hacked and culprits are getting V. I. P treatment from the police and in judiciary due to high approaches and links. My application u/s 190 (B) has been dismissed by lower court for adding sections 354D, 499,500 saying not sufficents evidance on file. Now accused has approached high court for queshing saying 66D is not made out as element of cheating is not made out (defined in 415--related to property transaction) My queries are:
1) is there possiblity that police can recover data after approx 1/1.5 yrs after email data delete.
2) accused has hecked many of my family mers email ID....but nothing has been brought by police on record...i made many representaion but nothing recovred. How to get it recovered? how much old data is recovered?
3) In divorce petition and in frend circle accused defamed my sister as marrieed and divorcee but actually she is unmarried how to bring this strongly before the court for adding section 499,500
4) can I also file 482 against police and lower court for justice? charge has not been framed by court so far and in another FIR challan has not been done to court?
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498(a), 315, waiting for the commital order. is it mandatory
A1 has taken Anticipatory Bail and provided Sureties in the Police Station.
A2 was never given 41(b) CRPC notice. So, Anticipatory Bail is not taken. Nor the Regular Bail.
Police filed the charge sheet. Case is in PRC stage and pending for commital Order.
Court issued summons to A1 and A2.
Q1: Is it mandatory for A2 to take bail?
Q2: Can the Magistrate at PRC stage give the bail to A2?
Q3: During the PRC Stage, it is mandatory for the sureties to attend court? If no, what is the procedure?
Thanks,
Srujan