dipankar
21 August 2010 at 13:51
Within what time limit a DSP should investigate a harijan case and submit his enquiry report.
WHATSAPP 91-8075113965
15 August 2010 at 15:30
sirs,
i would like to know under what provision of law a taxi permit is given to autorikshaws and whether they can drive such taxi permit vehicles at their likes and dislikes , because very often it is seen that taxi permit vehicles are reluctant to drive their vehicles during night times and on particular roads.
whether they are legally entitled to such discretion /
if not, which provision of law they are violating ?
salilkumar.p
advocate
thalassery-670101
Shree.
15 July 2010 at 22:10
Dear All,
I urgently need advice and judgements regarding the below matter:
Date of cheque presented and got dishonoured: 27.10.2003
cheque dishonoured recieved from Accused Bank: 29.10.2003
But Intimation of Return memo recieved from the complianant only on : 7.11.2003 ( Due to illness of Complianant)
Legal Notice send by Complainant's Advocate to the Accused on; 29/11/2003
Accused Acknowledged the Notice on :31/11/2003
Then Compliant filed u/s 138 & 142 to Magistrate on :10.2.2004(Filing along with condone delay of 27 days and the Magistrate condoned delay in filing taken cognizance of the Compliant)
1.Is there any Judgements regarding Legal Notice to be sent only after recieving return intimation memo from the Bank and then only Limitation period starts?Any High court or Apex court judgement regardng this issue?
2.After filing condone delay petition along with the Main Compliant,Magistrate taken cognisance,then the Accused cannot question at the time of Arguments stage ,after evidences over?
Citations Required?
O. Mahalakshmi
15 July 2010 at 15:46
Learned Experts,
Can anybody kindly forward the 357-A Cr.P.C amended act 2009 which was published in official gazette with provisions.
Madansingh Shekhaawat
13 July 2010 at 16:10
hey my dear learned friends,
can you please provide me latest citation (accused side) on S. 389 of IPC thanks!
RajanaVenu
02 July 2010 at 10:51
I have given an LOA to someone in India , who mis-utilized to transfer money by a request letter from one a/c to another a/c.
Contents of Letter wrote to Bank:
-------------------------------------------------------------------->
To
Bank ABC, City, State.
Sub: transfer of funds.
I, "MY NAME" not having check book with me and my A/C no : 12345.
so please transfer 1Lakh ( One Lakh) to Mr. XYZ A/C no : 34556.
Thank you.
Signature of LOA
(LOA Holder)
Kinds Regards,
Signature of LOA
( Name of LOA)
------------------------------------------------------------------------>
As per the LOA agreement document with Bank, the below lines were stated regarding the transactions
*******************************************Agreement on LOA form that I signed->
1) I/We hereby authorize you to honour all cheques/negiotable instruments drawn on the
above account provided such cheques are signed by "" LOA NAME .." whose specimen signature
card is enclosed by countersigned by me/us.
2) I /We hereby agree that all debits made by the bank in my/our account by honouring cheques/negotiable instruments/ debit slips signed by the said ... "LOA NAME"..... are conclusive and bining on me/us. "
I/We here by futher agree to abide by the provisions of the Non-resident(External)
account rules.
*******************************************
Above in the letter "MY NAME" represent my original name in the content of letter ( first one) , and also the word "bining" is not a typo from me, but it was the actual word in the LOA agreement form.
When the letter say's " I, MY NAME " can bank accepts this below letter to process the transaction. ?
1) Can the LOA holder sign the letter when the contents says " I MY NAME". , as I have not written the letter OR signed.
2) Will this letter falls as a negotiable instrument / Bill Of Exchange category to process the transaction.
Could you please help what options are available and what sections this falls under NI 1881 Act. How to approach them.
Thank you for any help or inputs.
Raj
dipankar
19 June 2010 at 11:45
First of all thanks Makkad sir and other experts for their suggestions and guidance on this case.Please guide on the sections:THE GIST OF THE CASE ARE AS FOLLOWS:
1. Falsely Implicate a Scheduled caste in a criminal case which might result in his imprisonment.
2 .Publicly humiliate and threaten a Scheduled caste in his neighborhood.
3. Going to a Scheduled caste’s house, threaten his wife and try to outrage her modesty.
4. Asking for more money and threatening the scheduled caste person that if he fails to give him then he will implicate him and his family in further cases (Kind of extortion).
5. In the FIR that s.d .Singh has lodged reads something else and in the case diary s.d. Singh has given some different statement.
THE FULL CASE IS AS UNDER:
My friend Binda Ram , Resident of Jharkhand,dhanbad who belongs to scheduled caste has been implicated in a false criminal case.THE fact is he was employed with BCCL,COLIERY, but due to non submission of BDO papers he was asked by the co. to sit idle until bdo papers are submitted.(his father who was an employee of bccl died in an accident in colliery so in that case bdo papers need to be submitted for his son to get the job).During the period of his service binda worked under sd singh.sd singh promised to reinstate him in job and took Rs. 30000 from him.but on unable to reinstate him till 6 months binda asked for his money.sd singh started threatening him and even went to bindas home and humiliated and threatened his wife and ailing mother before some of his neighbours. In a planned approach by him sd singh sent 2 of his sons to call binda so that he will return his money .that time was 10’o clock in the night.that time electricity was not in there in the area due to load shedding..Binda and his brother unaware of his plans went to his house. On reaching his house sd singh brought out a lathi and tried to hit binda on his head. He even tried to lock them up and then call the police .In defense binda slapped him and SD singh hurt his lip. In a planned approach sd singh went to the nearby police station and lodged a weired FIR U/S 341,323,325,448,384.In the FIR report he stated that his younger daughter aged 23 is studying in koderma 100kms from dhanbad and binda with some of his friends had gone to koderma and asked his daughter to leave studies and binda has asked her to do court marriage with him.When his daughter refused to do so he and his brother in order to take revenge has come to his house that day.But the fact is they have gone to his house empty handed with no weapon and it was sd singh who brought out the lathi.sd singh’s neighbour has also given same statement to the police that the lathi was brought by sd singh only. Moreover binda is already happily married and have 2 daughters.The real fact is I have married his daughter 2 years back, I have a marriage photograph and two witnesses to prove my marriage.Now the girl is denying of the marriage and her parents are also not ready to accept as it is a intercaste marriage.Now to hide this fact and to present the matter in a different way so that their reputation is not marred in society sd singh has registered this kind of FIR as he could do nothing to me as I am in pune doing job.
Now my question is whether binda can lodge a counter FIR being a member of scheduled caste.Or it is better to go to the court and lodge a case against him.How will he frame the case in a scheduled caste way.i.e. Under atrocities to scheduled caste. Next my question is how will he present his case so that sd singh gets implicated in maximum unbailable sections.What unbailable sections can be charged against him.Or is it better for his wife to lodge a case of humiliation.Will it prove to be more stronger.Please guide as binda is very poor and unable to hire a lawyer.Your valuable suggestions will be highly solicited.
vinod bansal
09 June 2010 at 23:36
R/Experts
Is there any lawyer interested for filing a crl revision against a IPS officer under sections 323/342/365/506/395/120-B etc.Earlier crl complaint was filed by me against IPS and three named and 70-80 unknown persons.Ld magistrate summoned three accused under sections 323/452/506/342/365 but not summoned the IPS officer due to reasons best known to magistrate) though there is more than enough evidence on file against IPS.I prefered a revision seeking summoning of IPS as well as accused also prefered a revision against there summoning order, seeking their discharge,though they filed revision beyond limitation (after 90 Days)but as was expected Addl Sessions judge didnot summon IPS even allowed revision of accused persons and remanded back the case qua accused persons except IPS before trial court/magistrate for passing a speaking order on the point of summoning,now i intends to argu qua the other accused except IPS before magistrate but i want to file crl revision before hon,ble P & H highcourt for summoning of IPS because case in hand is a very good case especially on the point of 197 crpc (requiring sanction of a public servent) as well as on the point of direct and documentary evidence.it is also pertinent to mention here that a CD(videography) was also done on the spot by the complainant at the time of occurence,which was placed on case file,but none of the judicial officer consider the same,,my client is not in a position to pay handsome fees in Highcourt,so he is not wiling to go to Highcourt but being a lawyer i think it is a fit case for summoning IPS,if anybody is interested to file and argu this crl revision seriously on sympathatical ground ,we can pay filing cost and court fee expenses etc..If any lawyer brother practising in P & H Highcourt want to help my needy client in the interest of secure justice for my client,he is welcomed.Thanx Kindly respond at 094163-61399///09255264699 or vinodbansaladv@gmail.com
sangeeta
04 June 2010 at 14:51
daer
i have one question
1.my society taked two building on rent 10 and 15 years , ,,both owner is same only 10 year building his wife name is also joint
2. he told me all property for comercial use like hospital school etc work that menstion in lease .
3 after some days i have come to know that some floor of that building map is not approved by meerut development atrorty (mda) and in betweet that sealed by mda .and suit filed by mda by his name on that building
4 another some porstion map is also not approved by mda , have notice in second 15 year building
5. in civil court he declared who say my map is not approved by mda , my map is approved by mda (he tell a lie ) after this pws that building was sealed, by mda
note---- all this is froed or not
geeta mob-9897146475
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suspention of sentence u/s 389ofCr.P.C.
is there any fullbench judgement on suspention of sentence.