Anonymous
09 December 2011 at 19:45
can a GPA holder execute a Power of Attorney with another person for selling the property
Anonymous
05 December 2011 at 20:50
Dissolution of partnership and 138 N.I.A
Partnership dipute, retiring partner coerced and got frivolous cheques from the retaining partner. The cheques legally not of enforceable debt. Dozen complaints filed under section 138 NIA .
1. Complainant filed his chief by way of affidavit and despite the list of various witnesses he withheld did not produce any witness.
2. Various adjournments were granted in expectation of possible compromise.
3. Subsequently cross examination of complainant started. Before starting the cross examination, trial court magistrate suggested to conduct cross examination in one case and copy the same in remaining all the cases.
4. Cross examination extended beyond the court time and was deferred.
5. Court gave various adornments, and the jiminy orders were written as cross examination but actually court staff was busy copying the cross examination of the complainant. This kept on happening for 5 months.
6. During this time the complainant kept on closing his evidence one by one in all the cases.
7. After 5 months left over cross examination was conducted. And the coping procedure carried on for 4-5 months during this time again adjournments were being granted the jiminy orders read adjournment for statement of accused and DW’s.
8. 20 days after the left over cross examination complainant closed his evidence in last one case and tendered two vital documents exhibits (balance sheets) by misguiding the court and the accused.
9. Accused statement under crpc 313 were also being copied in each of the case and by chance in accused came to know of those two vital exhibits in the last case.
10. Meanwhile list of dw’s was submitted in all cases and 6 witnesses were summons were issued only in one case.
11. Application for recalling complainant under CRPC 311 filed in all the cases with a request to adopt the ongoing procedure and copy the same cross examination on these two viral documents to all other cases.
12. Instead of considering the CRPC 311 application court said first go ahead with the DW’s. In the meantime I will hear the arguments on the application. Meanwhile three of them were examined. These were again copied in all cases.
13. Magistrate was transferred.
14. After two months new magistrate heard the arguments in the application under CRPC 311.
15. Complainant refused in court that he has never consented for the copying procedure.
16. Application was allowed in the last case in which the two exhibits were tendered by the accused. And the similar applications in all other cases were dismissed citing “that procedure of copying is unheard in law”.
17. In revision of these orders the accused approached High court where the application was withdrawn with directions of the high court stating as “Tender the certified of copies of these two documents in all cases and again move the application under section crpc 311”.
18. The accused did as above and the applications were filed in all but case, which were again dismissed citing reasons:—
1. That the re-cross examination has already been allowed in one case where the complainant filed the vital exhibits..
2. No such documents were filed by the complainant in remaining cases.
3. There is not order for connecting the said cases on the court file.
4. Process of recording the evidence in one case and copy the same in another unconnected case is unknown to law.
5. There is no law which can compel the complainant to produce those documents in all the cases.
6. The conduct of accused shows that the purpose of filing this application is just to delay the proceedings and has already taken 20 opportunities.
MY CONTENTIONS:—
1. I HAVE NOT SEEKED ANY ADJORNMENT AND NOT ANY APLICATION FOR EXEPMTION FROM APPEARANCE WAS EVER FILED. IF MY PURPOSE WAS TO DELAY THE PROCEDDING I COULD HAVE OBJECTED TO THE COPYING AND HAD LET THE EVIDENCE ALL THE CASES ONE BY ONE. ALLOWING OF COPYING SHOWS MY CONDUCT AND COOPERATION WITH THE COURT.
2. TILL WHEN COPYING WAS HELPTING THE COMPLAINANT HE LET IT HAPPEN AND WHEN IT GOING AGAINST HE STARTED REFUSING THE COPYING PROCUDURE.
3. THE DOCUMENTS ARE ACTUALLY STATEMENT OF ACCOUNTS WHICH CAN PROVE WHETHER THE DEBT WAS ENFORCABLE OR NOT AND WERE THE CHEQUES ARE IN DISPOSAL OF LEGAL LIABLITY ?
PLEASE GUIDE AND HELP ME.
THANKS TO ALL OF YOU READING AND HELPING ME OUT.
Anonymous
05 December 2011 at 19:39
Dear Experts,
My friend inlaws filed 498-a etc on my friend not only 498 almost 18 petetions have been filed on my friends but all those petetions have been dismissed by the Hon'ble court including some of the petetions have been dismised by Honble High Court also again he filed 2 false petetions on my friend . The problem is that inspite of this chains of false allegations neither the honble magistrate have taken any action on my friends inlaw and more over he is doing sympathy on him stating that he is Party in person (He dint appointed any advocate) thats true he is PIP but filing false allegations and still some petetions are there in queque to file against my friend.
is it true that PIP have full right to misuse the law on only exception that he dont have knowledge of Law.. almost from past 5 years he filed hell numbers of false petetions pls suggest can we take any action against my friends inlaw so that infuture he should not harass again. My friends lawyer he is also saying that if PIP the law is also helpless we cant do any thing to him....is it true. coz for every petetion my friends lawyer is getting not less than 20 k from my friend to defend the case . Pls suggest how can he get out of this Hell and his inlaw.
what are the cases we can file against that cunning bas***d inlaw who is simply playing with the law and the poor magistrate is helpless stating that he is PIP we should give fair chance... if this is the scenerio i think its better to be PIP instead of apointing the advocate.
experts pls advice how can we screw that bl***dy inlaw and to get fair justice.
AFTAB
Anonymous
04 December 2011 at 20:02
whether investagating agency can bring accused out of the jurisdication of the court which granted pc for the purpose ofonly interrogation of accused by cbiofficial not for recovery. if yes than under what provision of crpc?
MOHAN KUMAR
04 December 2011 at 19:51
Hi i am mohan, am going to get love marriage, through legal procedures, becoz of my fiancée parents are not accept our love so i decided for court marriage. if i going for that what is the legal procedures and how much rupees need to do that, if any problem comes by my fiancée parents what i will do, becoz of they are very rich when compare than me... please please please......... suggested to me pls..... rite now am facing lot problems.
Anonymous
04 December 2011 at 19:22
I wants to file a delay condon application, stay application and restoration application against ex party decree, in delay condon application, origanal decree made on dated 12/07/2011.and i came to know the oreder when a notice of exexution oreder 21 rule 22 serve me on 17/11/2011.how many day are delay in this matter?
prachi sharma
04 December 2011 at 11:18
Sirs,
I got married before 6 months.slowly slowly problem developed between us.now my relation reached at broken point.i and my family tried best to solution but failed.
Husband has forced me and my family to sign agreement for mutual divorce on 50 rupees notry stamp.They have returned my items which were given by my parents. jwellaries is kept by my husband.I am not able to think what to do.this agreement on notary is valid for divorce. Nothing further i can do. Please suggest me what to do.
prachi sharma
jabalpur
4/12/2011
Anonymous
08 May 2011 at 07:31
sir,
I am being framed by one of colleague that i had come to her room and threatened her and called her as a SC women. I am working in an university and she had made a complaint to minister of higher education.
I also assume that she will make a complaint in the local police station.
What should i do?
can i get a anticipatory bail?
kindly answer my queries i am undergoing mental because of no fault of mine.
thankyou
bhushan singh charan
29 April 2011 at 21:53
WHETHER CHEQUE PRESENTEDin catagory of self and by virtue of fraud amont withdrawn from account of drwaer of chequeby another person without permission of drwer nor payment withdrwa nwwhetther person who cheated and without peras given to drwer by holder of cheque. WHETHER PERSON WHO WITHDRAWN MONEY FRADULENTLY CAN TAKE SHELTER OF NI ACT OR NOT. KINDLY REFER CASE LAW IN SUPPORT OF ANSWER?
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