rajvinder singh
06 June 2011 at 18:08
sir when insufficient court fee is affixed on complaint under section 138,what is the procedure to take objection on it.the court fee is rs.50 required to be affixed and the complainant has affixed only rs.10.
avinash
06 June 2011 at 14:32
I am a senior citizen staying in a CHS since last 38 years along with my wife & daughter.
Recently there was some civil work being carried out by my immediate neighbor & on the floor above me. Due to the heavy duty work being carried out simultaneously in both the flats a slight hair line fracture came up on my false ceiling. I brought this to the notice of the managing committee vide my various letters from early this year, where no concrete action was taken against these two members.
As there was no response from the managing committee I personally visited the society office & requested one of the committee members to look into this matter. The managing committee then appointed the Jt.Hon Sec to look into this matter. On 25th Jan 2011 the Jt.Hon Sec along with a building watchman visited my premises n took stock of the situation. On 27th Jan he then shot out a letter to me stating that we are looking into the matter & will get back as soon as possible.
On 16th march 2011 I had gone along with my family to the cardiologist for a check up.When I returned at 9:30 P.M to our horror as I opened the door I saw that the false ceiling had totally collapsed & was on the support of the two fans which too could give way due to the heavy load on it. As it was such a catastrophe I called up the Jt.Sec to come and visit my flat & see as to how the entire false ceiling had collapsed due to his negligence. He did not attend the same night.
The next day I again tried calling up the Jt.Sec but he did not respond to my call and after some time called up on my daughters mobile & informed her that he was coming , to which my daughter requested him to come with the other senior committee members so that some timely & quick action could take place. He informed her that they would not be able to come & that he would be coming alone.
He saw the disaster caused & I brought it to his notice that had he taken timely action such a scenario would not have occurred due to which there was a heated argument amongst us. He then got very furious and very close to my daughter to attack her. Upon leaving he also threatened my daughter that see what I do…. The Jt.Sec in the mean time went to the police station & filled a N.C against my daughter & me for false allegation, misbehavior, physical handling & using abusive languages. In response I too filled a reply to the police for all that had happened as suggested by a couple of friends on emergency basis for which till today the police has yet not called upon me.
He later sent me a notice thru his lawyer for the same which was adequately defended by me & then again it was followed by another letter by his advocates asking for an unconditional apology from both of us. Which I again refused as it was my case before him & not vice versa.
Suddenly on 3rd June 2011, I again received a call from the area police station as to not to cause any disturbances with him by abusing him and I was asked to come to the police station. Upon a little inquiry from the officer in charge I was informed that the Jt.Sec had filled another N.C against me that I had abused him on the night of 2nd June 2011 @ 8:30 P.M. in the building premises & that he also has a witness to the same. I was shocked as the previous day from afternoon 2 P.M I was out of my house along with my wife & had returned home only @ 11:30 in the night.
I now want to find out as to why is the Jt.Sec putting false allegations’ against me? & what could be his future game plan? What is he trying to achieve? Now I have a fear that he could again try similar tactics to frame me & my family in some way. I would be obliged if you could guide me for the future course of action/precautionary measure to stop this menace.
God Bless
basant singh
06 June 2011 at 07:03
Dear Sir/Madam,
I want to ask query that if a person is convicted in IPC 306 and punished for five years jail then how much time period he has to spent in jail? two and half year according to day and night or more?
varinder
04 June 2011 at 15:41
i have filed one complainant against i.o inquiry report 1. how the enquiry officer known that the complaint is civil nature can he explain 2 how the enquiry officer wnet for investigation without lodging first information report out of the state 3. how the enquir5y officer disclosing the statement that the complaint been informed who had done crime and the complainant given statement to him that he will look at its own way there is any proof of such statement with the inquiry officer if no how he had given the said statement from his own 4 how the enquiry officer say that the matter is of mohaili punjab how he is giving the said statement whether the enquiry officer had fully complete the enquiry from where it will be prroof that this crime is of mohali not of ambala cantt 5.if anyone underground the cheque of the complainant from his house at ambala cantt and complainant do not know and same been used in another state where the jurisdiction will be at that place where the accused had used the said cheque and cheated the complainant. instead of giving the grievance the lokayuka had favor the respondent and had passed order against complainant that the complainant had filed false case as i had enclosed the proof of the i.o report received through rti kindly help me can i file writ petition against the order of lokaukta in how many time i can file a writ petition before the Punjab and haryana high court Chandigarh
R J PRAKASHAN
02 June 2011 at 16:24
The manager and occupier of a Factory who have been accused of an offence under the Factories Act, if pleads guilty and accepts the penalty, will it be a CONVICTION in stricter terms thereby imputing a criminal liability on them.
L R Sharma
01 June 2011 at 17:48
Dear Experts,
I need the guidance for criminal prosecution proceedings initiated against my client in a JMIC court by Central Excise deptt. Please suggest the rulings and precedents by High Courts/ Supreme court of India.
Under what circumstances the proceedings can be quashed?
Regards, L R Sharma,Advocate
L R Sharma
01 June 2011 at 17:43
Dear Experts,
I need the guidance for criminal prosecution proceedings initiated against my client in a JMIC court by Central Excise deptt. Please suggest the rulings and precedents by High Courts/ Supreme court of India. Regards, L R Sharma,Advocate.
Arka Foundation
29 May 2011 at 21:37
Who is IO in 498a DSP/SHO/IO based on the citation
Crl.OP.No. 32871 of 2004 And CRL.M.P.NO.10462 OF 2004 AND OF 2005) which states who can investigate a 498A case:
if so, can i recommend my clients to go 4 quash placing this citatiaon on reliance.
Brief of citation
oficers With Authority To Investigate 498A Cases:
a myth that officers of the rank of DSP are the only ones empowered to investigate 498A cases. Here is a g from the Chennai High Court
Crl.OP.No. 32871 of 2004 And CRL.M.P.NO.10462 OF 2004 AND OF 2005) which states who can investigate a 498A case:
“The further contention of the learned counsel for the petitioners that the investigation should have been done only by the Deputy Super intendent of Police who is defined as police officer under the Rules and not by the Inspector of Police, cannot be countenanced. The Rule is a subordinate legislation and the provisions under the Criminal Procedure Code give full power on the Inspector of Police to proceed with the matter and apart from that, the definition for Police officer would clearly reveal as submitted by the learned Public Prosecutor that nowhere there is a prohibition that below the rank of Deputy Superintendent of Police shall not exercise the power to investigate the case and hence the contention of the learned counsel for the petitioners in this regard cannot be countenanced.”
Please answer..
satya gaud
29 May 2011 at 16:40
Hi
this is satya, I am a practicing advocate at Mumbai, i have an occasion to see one trial before sessions court of robbery case, in such case prosecution was heavily relying upon the footage of the CCTV images wherein prosecution was claiming that accused images were captured by CCTV and such images were converted into CD and prosecution wanted to play such CD in the court premises which was part and parcel of Charge sheet further the copies of CD were also served to the accused as per compliance of section 207 of Cr.P.C., it is noticed by me that presiding Hon'ble Judge was not inclined to allow to play that CD in court on lap-top and insisting the prosecutor to show the procedure in Cr.P.C. and Bombay High Court Criminal Manual pertaining to prove such electronic documents/articles as per the legal provisions.
Now my query is that whether a CCTV images (in CD form) can be played before the court of law and to what extend such documents/articles are admissible in evidence and if yes what all the necessary provisions and legal procedure for proving such electronic articles in the trial court, with relevant citation, if any....suggestion and answers would be highly appreciated....
Regards
Adv Satya Gaud
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325 CRPC in excise cases
the learned magistrate refer the case Chief judicial magistrate court ton confirm the sentence imposed by him for payment of fine of Rs.20,000/- and 2 year imprisonment that the acused found more than quantity of the ID arrack.
plz give support judgement or decision for aruge the case before Chief Judical Magistrate Sec,75 of IPC shall be useful to me.