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Nishant Singla   15 October 2008 at 07:06

Query about Defamation

A person filed a complaint about my father's tenure was that he(father) had done some misappropriation during his tenure. Of which he made some about 11 allegations. Of which only 3 allegation are approved by the Block Officers in enquiry as because of clerical mistakes and due to some other reasons. Meanwhile he published some defamatory matter in 2 newspapers by 5 times.With complaint he filed his affidevit too (in which he had mentioned that if any of the above stated fact prove wrong than i am liable to be prosecuted u/s 182 of IPC).After getting the notice we already submitted 96301rs.in the govt. fund.. Is our deafamtion case is maintable as per 499,500,501 of IPC. Because he published defamatory matters in newspapers in between the inquiry in which he alleged for the duping of 63lakhs on my father. Can we succeed in filing the def. case against him on the account of other 8 allegation which remains false in the enquiry.(Note-The complainant was also a Punch during the tenure of my father as a surpunch, and in the early 2 years he had signed the proceeding book before the whole panchayat. Proceeding book is that record of which he made the complaint.In some matters he signed the regulations of which he now made complaint)

Ladhu Ram Chowdhary   15 October 2008 at 07:00

cognizance

Cr.P.C.(2 of 1974),Ss. 190(1)(b),319-congnizance of offence -Attack on house of informant by 7 named accused persons alleged -Inmates were assaulted and jewellery box removed -FIR lodged-I.O. had submitted charge sheet only against two accused,investigation shown as pending against other two and three accused were exonerated-Howrver,CJM took cognizance on finding of prima facia material against exonerated petitioners also under S.190(1)Cr.P.C.-CJM can debarred from taking cognizance of offence on basis of material placed before him ?

N.K.Assumi   15 October 2008 at 06:36

Withdrawal of case against the decision of the Prosecutor:

If the Government direct the Prosecutor to withdraw the case against the accused contrary to the opinion of the Prosecutor under section 321 of the CrPc,and the prosecutor is compelled to withdraw the case against the accused by the State, what should the prosecutor do in such a case? To withdraw the case his judicial conscience does not permit him to do, in such a case what is best for the Prosecutor.

N.K.Assumi   15 October 2008 at 06:29

Imprisonment for 32 years without trial:

Dear Members, can any one of you tell me the name of the prisoner and the Country who was detained for 32 years under security detention act of the State without trial?

Tanx in advance.

Rekha.....   14 October 2008 at 17:56

Continuation- summon to be issued U/S. 138 NIA

dear Sir/M'm
Good Evening
With all due respect sir V would like to inform u further that The Said Party has already sold his property, factory.

It is foolish question to u bt V need to ask u plz sir,

What V certainly need to know that the summon or warrant will be issued will, return without serving .is there any concrete way to be taken in this matter. How our client will receive the Rs.300000 without service of summons or warrant and also if party is not going to appear before the Hon'ble Court.

Thanx that u all r giving ur valuable time 4 us.

Rekha.....   13 October 2008 at 18:32

summon under NIA Sec.138

Dear Sir, M’m
Good Evening
How to issue summon under sec 138(NIA)
The fact of the matter is that our client received cheque of Rs.3,00,000 from the party. The cheque was dishonored by the bank and having endorsement that account is closed. At the time of issuing the cheque, the account was not closed but at the time of depositing the said cheque with the bank the party’s account was closed. Now party is not traceable. The party left the town. We inquired about his whereabouts but address is found but he is not living there. PlZ. let me know how V should proceed further.
If it is convenient to u pl. inform us immediately.
Thanx

allurisivajiraju   13 October 2008 at 07:48

Notice under The Negotiable Instruments Act.

Respected Seniors,

Mr. 'A' Received one cheque from Mr 'B' towards part payment of the promissory Note debt. Later Mr. 'A' presented the said cheque for collection where he is having accourt for five times in different dates with in 6 months from the date of the cheque. Each and every occassion the said cheque was returned with an endorsement 'Insufficient Funds' in the account of Mr. 'B'. Now Mr. 'A' ready to issue notice under N.I.Act to Mr.'B'.

In the above circumstances is it required to mention in the said notice about earlier presentations of cheque or it is sufficient to mention last presentation of cheque. If it is necessary to mention about previous presentations in the notice, whether the entire documents ( i.e. earlier Presentation slips and return memoes except last presentation ) are necessary to be file in the comoplaint or not.

Please advise me as early as possible. Thanking You Sir.

V.G.Rao Advocate   10 October 2008 at 21:17

Evidence Act

Is there any provision or law to cause notice to other party to admit the document executed by him during the course of trial in criminal proceedings, where accused did not choose to enter in to the witness box for confrontation.

V.G.Rao Advocate   10 October 2008 at 21:17

Evidence Act

Is there any provision or law to cause notice to other party to admit the document executed by him during the course of trial in criminal proceedings, where accused did not choose to enter in to the witness box for confrontation.

vinod bansal   10 October 2008 at 19:46

Maintainability

Sir
my criminal complaint was dismissed and accused were aquitted after trial by judicial magistratr I class Narwana(Haryana)Now i want to file crl appeal against this order whether my crl appeal is maintainable in the court of sessions judge or i have to moved directly before Highcourt. Plz enlighten me. Thanku