vinod bansal
28 January 2009 at 21:29
Sir
sec.3/4/5/6 of immoral trafficink act is bailable or non-bailable.
vinod bansal
27 January 2009 at 20:05
Sir
what is evidentary value of news published in news paper without examing editor or reporter in a criminal case ,plz provide citation if available...Thanks
Legal_Query
27 January 2009 at 15:29
Sir,
What are your comments regarding the recent judgment of the S.C. in the matter of
Harman Electronics(P)Ltd & Othrs
Versus
National Panasonic India Ltd.
Dated 12/12/08.
How is it going to effect the cases pertaining to 138 N.I.Act.
Thnks & Rgds
tamilarasibabu
27 January 2009 at 13:35
I need any High COurt /Supreme Court judgement in context of accused should not take the defense of summoning IT returns filed by the complainant necessary to prove whether the said amount is shown in the Income Tax returns(petition filed under Section 243)
In most of the 138 -NI Act this tactis used by the accused side simply to drag the proceedings.
Sultan Salauddin Khan
26 January 2009 at 20:20
can a wife get interim maintenance on the day of filing the case without hearing the opposite party under section125 of the C r P C?
Adv. Pankaj Patil
26 January 2009 at 09:47
dear sir,
my client is a docter his wife and his father in law sent letter to his boss that the docter physically and mentaly harass to his wife and he is like demon and requested the boss to take his docter degree back
this letters was sent on 14th feb. 2008 and again same letters were sent in nov. 2008
can i file a complaint of defamation against wife and father in law of my client?
umapathi.s
24 January 2009 at 21:40
sir, is there any immunity from punishment for the acts of corruption and abuse of power committed by a public servent during ones tenure but came to light after his retirement ? is there any limitation from taking cognizance of offence either under preventation of corruption Act-1988 or other laws ? pl give the reference of any court judgement in this regard. can the money misapporpriated by such person be recovered ? is yes , how ? . please give some guidance. the fact of corruption and abuse of power has been obtained by me now under the RTI ACT-2005 and I need to bring the same before the apporpriate authority under the law. thanks in advance. regards
N.K.Assumi
24 January 2009 at 16:14
If an accused is detained in police custody for more than 24 hours without remanding to judicial custody, does it amount to illegal detention and bail becomes automatic for the accused? Any citation? Thanks in advance.
Umeshpratap Singh
23 January 2009 at 17:57
Dear all,
FIR lodged by the complainant on 03.09.2008. Police department for unknown reason delaying to file chargesheet. Though the complainant had been admitted in hospital for approx 2 months due to physical & mental attrocities by the respondents. Every medical certificates & documentary evidences of dowry has also been submitted to the Police. Police had spoken to complainant that after "Panchnama" they would file charge-sheet, but even after 4months they didn't. The complainant is financially not sound & police is asking for bribe to file charge-sheet.
What can we do in such case??
It's question of one young girl life, who had been married only few months back.
Pls guide me so that i can help them. I'm also a law student.
I will be grateful to you people..
Its very urgent.
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Filing criminal case when appeal is pending in the State Consumer Redressal Commission.for the same subject matter
I was having a chitty in Kerala State Financial Enterprises (Govt.of Kerala)(KSFE). The chitty prized to me and the prized amount Rs.70000/-deposited in FD on 18-04-2002 at the branch of 3rd accused, for three years, ie. up to 18-04-2005, at the rate 9.5%. The FD was kept as surety for the future payments of the chitty installments. As per Complainant’s request the monthly interest of the FD Rs.554/- has been adjusted in the monthly installments of the chitty.
Due to the negligence, from the part of KSFE, continued allowing the interest of the FD, Rs.554/- for the months May 05, June 05, July 05, Aug 05, even after the expiry of the date of maturity of the FD and an amount Rs.2216/- (Rupees two thousand two hundred sixteen only) (Rs.554/-) was adjusted excess in the Chitty installments for the months June 05, July 05, August 05 and September 05.
When the mistake was observed, the KSFE deliberately renewed the FD with retrospective effect, that is from the date 18-04-2005, at a lesser interest rate 6.5%, for a term of another three years with out Complainant’s consent and intentionally adjusted the said excess interest amount from the interest of the renewed FD without giving a notice even. In the name of recouping the excess interest already adjusted, they had also deducted Rs.84/- from my Savings Account, without my consent and without giving a notice to me. I was remitting full chitty installments in cash, from the month Oct. 2005 onwards without allowing any interest adjustments in it.
The KSFE defended her action by saying that the FD was under surety to their chitty and denied to alter their actions already taken from their side. So, the Complainant was forced to lift the lien on the FD, and surrendered it on 13-03-2006 for payment with a request to treat it as an unrenewed matured FD as on 18-04-2005. On surrendering such unrenewed FD, the 2nd accused should have been allowed the permissible savings interest 5.5% for the period 18-04-2005 to 12-03-2006, as per their own provisions. But my request was refused and treated the FD as a renewed FD and subjected for a pre mature closure and allowed diminished rate of interest 4.5% for the aforesaid period.
While making payment to the surrendered FD, the KSFE has given a lesser amount Rs.68986/-, under the pretext of excess interest adjustments and diminished rate of interest. Even if, the FD was subjected for a diminished rate and the adjustment of the excess interest are made from the amount, I was eligible to get more amount than Rs.68986/-. The 2nd accused had recovered more amount than Rs.2216/-, the excess amount supposed to be adjusted. The KSFE conveniently ignored the fact that Rs.84/- was also deducted from the sugama savings account of mine for the purpose. When I pointed out this error the KSFE claimed that their calculation was absolutely correct and the dues to be adjusted from the FD was Rs.3790/-.
The matter was taken before the Hon’ble District Consumer Dispute Redressal Forum (CDRF), Kollam, vide CC.No.128/2006. With a view to win the case by any means, the KSFE filed false affidavit before the Hon’ble CDRF, Kollam stating that I was not paying the full chitty instalment. This affirmation was absolutely false, as I was remitting full chitty installments in cash in the chitty from the month October 2005 onwards and as such there was only Rs.2216/- dues required to be settled/adjusted. There was no dispute/default in the payment of the said chitty installments from the 1st installment till date other than the excess interest adjustment made in the chitty during the months June 05, July 05, August 05 and September 05. For this I have original receipt for the payment of monthly installment. But the KSFE has filed a false affidavit before the Hon’ble CDRF, Kollam, claiming Rs.3790/- (instead of Rs.2216/-) was required to be realized from the disputed FD as it was already credited in the chitty installments from the month 05/2005 to 02/2006.
The