abhijit majumder
21 April 2021 at 12:39
To
The Respected senior experts,
In the year 2018 our Company lodged a criminal case(Theft, Misappropriation of Property) against an employee say Mr.'Y'.
But in FIR the then MD say Mr 'X', signed without mentioning his designation as MD of say 'ABC Ltd'.
In the year 2019 Mr X MD retired from the Company and MR.'Z' had taken his position.
But Police authority told us as in FIR Mr.X signed without his designation it become a case between Mr.X Vs Mr.Y. instead of ABC Ltd Vs Mr Y(the employee against whom theft charge was made).
As this is not the actual situation, is there any way so the company can rectify this inadvertent mistake?
Regards
Abhijit Majumder
Anonymous
18 April 2021 at 21:15
Hi,
Am married now.before marriage without my knowledge my mother used my cheque for borrowing money. The signature in the cheque is also not mine. After marriage I recieved a notice asking 7.5 lacs.i did nt even know the lender. Then I came to know that my mother borrowed 1 lac from him and given my cheque.we replied to the notice stating that I ve not borrowed any money. But then he filed a case against me for cheque bounce. The case is in trail now. What will be the consequence..how to come out..please help
Bhagwan sahay
16 April 2021 at 16:02
on 1March magistrate order pp to give copy of pen drive to accuse till 31 March
according 207 crpc on my application
& on 13 /March/21 magistrate was transferred
& new magistrate hasn't joined till today 16 April
My next date was 31 March
but till 31 march i have not given & on 31 march next date was given to 24 May
why pp is not giving me copy of pen drive ?
what should i do to see footage in pen drive
Anonymous
10 April 2021 at 23:49
Sir if a person file complaint in police station to register case but on doing enqiry no case register. No fir.
Now again same complaint on same fact in same police station.
Is it maintainable.
Any case law
Anonymous
10 April 2021 at 17:32
If wife filed 2 false harassment cases of 498a and domestic violence against husband and his family and after that husband side has won the domestic violence case with the help of crpc 256 and if substantial offense are same in both case then in those situations is it possible for husband side to end procecution of 498a taking shelter of crpc 300 as they have won a case with same offense in other court ??
Akshay K Sharma
09 April 2021 at 09:43
I was provided keys of flat by the builders person in 2016.
I has told him to get the work done which was
1. Leakage and seepage on all the walls.
2. Flush system malfunction
3. Door not closing
4. Leakage in all ducts.
I was always told that we will get it done etc.
a) Then builder formed the society by bring in someone from government in Mah. luckily I was there & raised objection as he has not got the work done, but the government official said that if its not formed we will have our person placed here, and a society was formed.
b) Now builder is not providing me procession letter and parking letter.
c) I started getting the repairs done in 2020 Sept and had got the walls painted and proofed 4 times since. Am myself sitting here since 27/4 and the leakage and other problems are still there.
d) BVG the service person appointed by SOCIETY is helpless, and am told that builder is not responding to society people and has not handed over & there is some lawyer also appointed by them.
I want to file a criminal case against the builder, as I am fed up of running and its costing me every day to get the repairs done.
I am not able to sell because I do not have procession letter and parking letter, thou there is a place with my flat no written there on ground.
Under which all sections can I proceed, the builder is also having new projects coming up in Pune and I want to get them halted as enough is enough.
Anonymous
05 April 2021 at 15:37
Respected experts,
my vehicle was stolen 2 months ago I have registered an FIR for the same, the police officials have found the person who stole the vehicle and that person says his friend took away the vehicle and is absconding now. further, there is no process going on by the police officer so what shall be the next step that I should take ???
Hemant Sharma
04 April 2021 at 22:22
This part is modified later: I highly respect the free advise given by experts on this platform and do not intend to waste anyone's time deliberately. I have categorized the query in 3 parts so an expert may choose to read every bit or just skip to the QUESTIONS SECTION at the end.
Man:
Marital Status: Divorced with a child, child not staying with the man.
Age: 35
Education: Post Graduate
Girl:
Marital Status: Single
Age: 24
Education: B.Comm (Hons) - Cleared most CA exams in the first attempt (only last exam remaining) - MBA Final Semester
The girl was introduced to the man in form of a professional relation. She started showing very visible interest after sometime and when confronted, she accepted she has feelings for the man. The man also found the girl to be decent enough and entertained her feelings towards him. After some time, once they were more close and talking over the phone, the man asked the girl about the possibility of parents accepting their relation and agreeing to marriage. The girl made it very clear that they will not accept this relation since there is an age difference and the man is divorced before with a child as well as the fact that her family is very orthodox and their reputation is utmost important to them.
The man asked the woman that in spite of this, is she still willing to marry him and the woman's answer for positively yes with a very strong confidence. The man kept all the possibilities that may arise and asked her to evaluate before making a commitment. The possibilities are as follows:
1. Parents locking the daughter or house arrest.
2. Parents emotionally forcing her to not marry the man.
3. Parents get shocked to an extent that they may have certain health related problem or they may role-play a health related problem to make her do as they wish.
4. If she get's COVID or any other contagious or dangerous disease.
The girl and the man discussed a few other possibilities that might arise and after very healthy and long discussion, the girl made a promise that in spite of any of these situations arising, she will not back of from marrying the man and will choose him if a confrontation with parents came to be. The man also promised that in any of these discussed circumstances, he will marry her and not back of. The girl was aware of the past marriage and the child as well as every other small details of the man about his personal and professional life. The man never hid anything from her.
She suggested a better option that she can come to the man's city on the pretext of a job and then marry him without the knowledge and consent of her parents and will only tell them once the time is right or in a situation where there is no other option.
She spoke to parents about going to Delhi for a job but they refused, high drama accompanied and the girl decided to run away. The man did not initially agree to this but when the girl said that if he does not accept her to come and live with him, she will run away from home and go somewhere else. On this the man agreed as he perceived that the girl coming to him is a better option than running away some place else. By this time, girl had told the man that her mom is her biggest enemy and that the mother is very manipulative and is making it hard for her to breath.
The girl asked the man to book the tickets and other related expenses for her plan. He did the same and she successfully came to the man in Delhi in the month of July 2020. They started living together under the same roof in a live-in relationship akin to marriage where both would share equal responsibilities of house hold, etc. The man, upon the insistence of the girl, introduced not only to his mother, but all the relatives, friends and people in personal and professional circle to prove that he does intend to fulfill his promise to marry her. The same promise was re-iterated by the girl over a span of multiple months and they decided to get married in the month of December on a certain day. Till then, the man was responsible to take care of all expenses while she was sharing accountability in the household as well as used the man's professional links to give interviews for possible jobs.
Their marriage was announced in the circle of the man (professional as well as personal) but when the day in December started getting close, the woman expressed her desire to extend the date with a reason that she wants to get married when the man is relatively free from work so that they can have 5-10 days together for vacation. It was doubtful to the man given his profession was very dynamic but when she insisted more, he agreed. In February 2021, the girl became ill and expressed her desire to visit home once. In the start of March, she was diagnosed with Pneumonia and started her medication accordingly.
On 9th March 2021, she got a call from her mother that her father is tensed about her health and that his own health is taking a hit because of the same. So she told the man that she will go and visit her parents for some day, get a little better and come back. She went back on 11th of March and even till the end she kept promising and consoling the man that he doesn't need to worry as she will be back as soon as she is better and she is not going forever, just till she is a little better. In fact she said she wouldn't have gone at all if his father was not worried.
She was in touch throughout the journey and spoke once with the man on 12th of March 2021. After which she disappeared. The man, through his sources found out that it wasn't Pneumonia but Lung TB that she was infected with and luckily the same has been diagnosed early and should be cured completely in 6 months. As per the health department's information, he got to know that she will no longer be contagious after 2-3 weeks of medicine and will have drastic health improvement in 1-2 months as it was normal Lung TB that she has.
He decided to wait but did keep on trying to contact her once a day with no response. Suddenly, the man realized, that she has blocked him from social media as well as on whatsapp.
Finally after multiple attempts of reaching her via her friends, she responded saying that she had to back out because of her father's health and that she meant everything she told the man but it was unexpected circumstances and that destiny does not want to them to be together. She again stopped communicating with the man and her friends as well. The man later found from her college friends that she was in fact having a boyfriend (another boy) who she had told every one in the college and class. As per her friends, she was having a relationship with this other boy.
(All these are evidences in form of very clear and long conversations recorded on phone, email and social media messaging)
Questions:
1. While a mere breach of promise to marry does not account to cheating, in this case can cheating be established that the girl had already discussed this situation and gave her promise after understanding this possibility may arise in future and now she calls this same possibility that came true as 'UNEXPECTED CIRCUMSTANCES' and 'DESTINY'. Since for cheating, fraudulent or dishonest inducement is required to be present at the time of making the promise, the girl had discussed in detail this possibility and accepted that she will still marry him if this possibility becomes a reality. Is it good to be considered as possible cheating?
2. Is it just mere breach of promise, or can this be termed as FALSE PROMISE TO MARRY.
3. Both had declared that they will be married before the entire family, friends and professional circle of the man. Is it not wrong to have declared this to these many people? Will it not tarnish the reputation and goodwill of the man?
4. When her friends are declaring that she already has a boyfriend, can this also be used to prove that she had fraudulent or dishonest intent at the time of making the promise which can also be accounted as cheating? Her own friends are willing to give official testimony in front of the police and the court regarding the same.
5. While physical relation of the pretext of promise to marry are many times charged with rape in case the victim is a girl, it is obvious that rape cannot be roped in here as the victim is a male. Is there another manner that the physical relation be considered as some form of pleasure that the girl enjoyed with a false intention (like using someone)
amit
02 April 2021 at 12:21
police has produced pendrive (which contains cctv footage ) with challan
we ask court to give nakal of pen drive in 207 crpc & court allowed application & order pp to give nakal of pendrive but since 8 month we did not get it
2month time taken to file application & order to give it ) due to kovid(3 month court close) & magistrate(2 month) was not present
i wish to know does police has a copy of cctv footage ?
police has submitted complainant's pen drive with challan in court
i wish to know does police has a copy of cctv footage ?
so that i manage to see what incriminating against us
I WISH to use any connection in police to see cctv footage if police has footage
without footage i am unable to show my file to any advocate
lawyer said consult me after having footage
i am very eager to see cctv footage becoz only after seeing it i can make defense
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Money loss
If no proof of money given to someone then which IPC section is to be implemented? The borrower is a man who betrayed me by marrying me.