Jitendra Raval
03 April 2009 at 19:52
Can accused be exempted from remained preset during proceedings as the accused is placed 700 km. from the city complaint filed. It is very difficult to get mode of transport and he is working in a nationalised bank.
What are the remedies for the accused. Plase suggest caselaws if any
Jitendra Raval
03 April 2009 at 18:07
The complaintant sent the legal notice to the accused. It was the inter state communiction. i.e Gujarat and Maharashtra, The complainant written the address on the BOTH envelop in Gujarti Language and numbers mentioned in the address was also in Gujarti language. The notice was send through RPAD AND UPC. The postal department has admitted in writing that the particular intimation given to flat no C-103 instead of C-703 and hence remained unclaimed and returned to the sender after prescirbed period. Non of the notice was received by the accused. The complainant filed complaint under S.138.
1. Is the confirmation by the postal department itself about the wrong intimation of the envelope will be sufficient defence for accused?
2. Regarding notice send by UPC since the address was written in same way not delivered to the accused. Is accused Safe?
03. Can accused file complaint against the postal department in Customer redressal forum for the damage caused to the accused for such non delivery?
04. What are the rules of postal department in such inter state communicaion?
Kindly suggest the related caselaws subcribe to your answer if any.
With regards to all.
Member (Account Deleted)
02 April 2009 at 17:28
what is the liability in case of accused issued a Bearer Cheque to the Complainant as an friendly cash?????? will the accused punised under NI Act 1881
Rajesh Semwal
02 April 2009 at 14:05
Respected Members,
PLease tell me about the above term and Section apply on it.
lakshmi
02 April 2009 at 11:27
What is the meaning of filing a pursis?
The present context relates to a 138 complaint wherein evidence of the complainant has already been recorded but the representative has left the orgn. The court is insisting that not to declare the repr. as hostile witness instead file pursis in the Court i.e. give off evidence.
Hence, clarification is required whether filing of pursis is a correct thing to carry out or not.
Chetan
02 April 2009 at 09:39
sub -Sec. (2) of Sec. 231. provides that the cross of a witness is deferred with permission of judge till the cros examination of another witness.
Res Member, In my case (138 NI Act) I want to take the cross - examination of another witness by deferring the cross of complainant till the cross of another witness.
whether I can take the benefit of Sec. 231. if any citation pls. provide
Dhruva Shah
01 April 2009 at 16:58
Mr. X an employee of say M/s ABC was kidnapped from a particular place during his working hours and is still missing.The employer firm and its members created false situations and presented to police about this incident.Wen police investigated no such incident had taken place. what action can be taken against them? under which section they can be booked under IPC and other acts considering the employee is still missing ?
Please take this on a serious note.
Your help will be deeply appreciated.
Please help. !!!
Legal Fighter
31 March 2009 at 22:26
Can anyone provide me a copy of Uttar Pradesh Dowry Prohibition Rules, 1999. I need these urgently. If anyone has soft or hard copy, please provide me the same. Thanks in advance.
Ranganath
31 March 2009 at 22:19
Can I invoke RTI to get complaint and statement copies from police. Is RTI only meant for getting status of investigation and not for minute details of the case.
Please clarify.
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NI Act S. 138---Statement of account
Complainant has filed only statement of accout of the accused which she obtained from the concerned bank through some ways. Can it be allowed as an evidence? There are accouting entries of two cheques in the statement. Will it be sufficient to prove the debt? or complainant can be asked to produce another supportive evidences? what will be status about "Legally enforceable debt"