A.Mohamed Thaheer
19 May 2009 at 22:29
What criminal action could be taken against the police officers who filed a case of malicious prosecution? (after getting discharged from the court)
Whether, I can file a case for compensation before the Human Rights Commission, for the deprivation of my personal liberty under article 21 of the constitution? Is there any Jurisdiction for the Human Rights Commission for taking such type of cases 0n file for consideration?
A.Mohamed Thaheer
19 May 2009 at 22:15
Whether the Judge having territorial jurisdiction in conducting criminal cases, have powers under his official designata to conduct the case without getting powers under his personal designata for taking cognizance of offence under the Prevention of Corruption Act, 1988, which is specific and specific Act, only meant for the Govt.,/Quasi-Govt. employees and all public servants as defined under section 21 of the Indian Penal Code.
If the Judge takes cognizance of the offence, on a particular date on which the Judge had no powers to conduct the case under his personal designara, Is the cognizance taken by the Judge is valid?
Whether such cognizance taken on a particular date could be legally ratified, if the sanction of the competent authority is obtained subsequently, says after 9 months of taking cognizance of the offence.
What is the legal implication of official designata and personal designata?
Swami Sadashiva Brahmendra Sar
19 May 2009 at 20:12
In his statements during trial an accused denied his confessional statement given under s. 164 Cr.PC . which of the two statements given by accused will prevail , one given under s 164 or that given during trial ?
A.Mohamed Thaheer
19 May 2009 at 18:33
What criminal/civil action could be taken against a woman govt. servant who had given a false complaint of sexual harassment in the
Govt. office and later decided by the committee that the charge could not be proved since the complaint had declined to appear before the committee of inquiry,which was constituted according to the guidelines of the Hon. Supreme Court of India, in the case of Vishaka & Others vs State of Rajasthan (1997)
A.Mohamed Thaheer
19 May 2009 at 18:25
A Govt. servant had given a damaging, false, and malicious statement against his superior officer in an vigilance inquiry resulting to withholding of retiral benefits on the date of retirement and to till-date.
But, the police officials after inquiry,dropped the complaint, since, the complaint was baseless and could not be proved.
I have suffered mental torture, financial loss and diminishing of social status etc.,
What action I can take against the Govt. servant, since I wish to take both criminal and civil action. What is the period of limitation in both the cases
Anwar A Noor
19 May 2009 at 17:20
I had sold materials to one partnership firm & had collected Post dated Chq's from them. The cheques have bounsed for reasone exeeds arrangement & stop payement. It was my first transection. On return of chqs i have given him notice U/s 138 & intend to file suite against him. & they are denying all the transections.(the party has also defaulted with its bankers & his factory is Morgetged & bank intends to issue him notice under surfassi act)
If along with 138 i also file a summery suite to recover my dues but since his factory is morgetged i also feel need to file summery suite agains him so as to have my rights also on his factory's sale proceeds after banks payement is cleared.
Now i what to know,
Is it possible to get compensation from court of 138 as well as recovering my money by fileing summery suite in civil court? as i have learnt that 138 courts gets you only compensation or Jail to accused & not recover your dues Whereas only summery or civil suite can give you rights on defendents property to recover dues.
Kindky reply at earliest as i have very littel time
A.Mohamed Thaheer
19 May 2009 at 15:24
1) Will you please explain the true spirit and concept of section 19 of the Prevention of Corruption Act, 1988?
2) At what stage, legally valid sanction for prosecution has to be obtained in a criminal case connected to the official duties committed prior to his retirement from the Government service?
a) Prior to the commencement of the investigation, (OR)
b) At the time of investigation, (OR)
c) During the middle of investigation,OR
d) After the completion of investigation,
(OR)
e) After filing the final report/Charge
sheet filed under section 173 of
Cr.P.C.,
(OR)
f) After cognizance taken by the
competent Special Judge, (OR)
g) After preliminary examination of the
accused, (OR)
h) After charge sheet framed by the
competent judge, (OR)
i) During the commencement of the trial/
middle of the trial/at any stage
during the trial/before delivery of
the judgment.
2) If the sanction for prosecution
obtained nearly 11 months before the
commencement of the investigation is
valid?
3) If the competent Special Judge takes
cognizance of the offence relying upon
the sanction obtained prior to the
commencement of the investigation/in
middle of the investigation , whether
cognizance taken is valid or ab-initio
void?
4) Whether, the cognizance taken by the
District Judge for whom no powers are
delegated by the Govt. under the name
of personal designata is legally valid?
What is the legal remedy on the above
situation?
5) If the valid sanction is given for the
Judge for conducting cases under the
P.C.Act, after 6 months period of
taking cognizance of the offence,
whether the proceeding commenced is
legally valid.
Please give me your expertise opinion
point by point with clairity, citing
supreme court case laws for all my
questions in support of my questions.
k.kumar raja
18 May 2009 at 20:28
any citation for acquittal.brief:cheque No. quated in complaint,sworn statement,notice and pw1 are same.But marked cheque No.various.It is admitted in the cross examination.please give mesome citation. thanking you.
vinod bansal
17 May 2009 at 11:27
Sir
A civil suit was filed for declaration of adoption deed null & void,later suit was dismissed as withdrawn without any liberty to file a fresh suit again etc.,now i want to file a case against petitioner for malicious prosecution,under which provision/section it is covered & what is limitation.Plz advice
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