james bhatti
01 June 2011 at 13:06
It is said that the bail is a right of the accused. Actually this is not true. The courts have been conferred with the discretionary powers and they have made up their minds not to grant bail. They are declining the bails even on merits which have no appearance of the name of the accused.
Jails are over crowded. Justice is being declined.
What should be the remedy?
vinod
01 June 2011 at 12:51
the case is as below:
1) false addresses used to open acct with commodity excahnge and loss caused to the tune of 4.5cr in such falsely opened accts
2) all such addresses verified false by the police
3)accused and 3 coaccused charged under sec 420,467,468,471,120B
4) main accused in jail
5) main accused had his bail rejecyed by the sessions court
6) main accused moved high court, imp here to note that his brother who is coaccused had his anticipatory bail rejected from the same high court and is absconding against the courts order to surrender
7) the complainant(commodity exchange) presented the security cheques which got bounced....notice served under sec138
8) main accused also has opened false accounts with bank giving false addresses and the same bank cheques given as security
My contention here is that cheque bouncing will invoke sec138 but the forgery committed in giving false documents(fabricated) of addresses that do not exist to open account with commmodity exchange attracts sec 420, 467,468,471,120B.Is there a conflict with applying sec138 and these sections
the accused lawyer contended before high court that since notice served under sec138 the complainiant can file case under above charges and can not claim relief from both civil as well criminal forums so the accused must be granted bail.
he is trying to convert a criminal case into civil suit.
however this contention failed in front of sessions court which rejected the bail saying accused has serious charges and also has no fixed address or property in his name
Question) can he get bail by claiming that since sec 138 applied so no criminal case can hold and he should get bail.
Pls provide some citation also in this favour.
rani
01 June 2011 at 12:19
can one apply for judicial sepaeration while co habiting as we have one adolscent child , i want to do nothing with my abusive husband
Anonymous
01 June 2011 at 12:12
Can a munsiff court give injunction on the elections of a social and religious organisation registered under the societies act after the election process has started...???? and if it can how such injunction can be vaccated????
plz reply soon............
i hav also come to know tat once an election process has started court cannot grant injunction...is it so???
If yes does this rule applies in case of a social and religious organisation having its own constitution and registered under the societies act????
ANY RULINGS FOR PROVING OUR POINT???
rani
01 June 2011 at 11:45
i am being harassed by my husband mentally , my daughter has turned eleven, he uses foul and abusive language infront of her.we have had a judicial reconciliation five years back i delhi high courtwhere he had agreed to pay 30 k monthly, he is doing that but his behaviour is getting uglier, he has started abusing infront of neighbours, during our earlier fight in year 2002 and a seperation of four years he quietly moved our present maatrimonial home in my mother in laws name and he also holds another flat in cghs scheme in dwarka, which has pssed cbi inquiry, where he has given the flase addresse of aljpat nagar, for my daughters sake i dont want to start litigation but there seems little choice or scoope for improvement, shall i write to his employer , he holds a criticl job , as he is a commercial pilot or sent him a court notice.our slanging match happens regularly once in two months , he knows that because of our daughter i am not going to court , talking to hi employer will it help, i want to warn him seriously,i sometimes fear for my life.what kind of notice can i send through cort to warn him.
B.V.V.N.D.Prasad
01 June 2011 at 10:41
Originally the tiled house of 3 portions facing to west side is having lane of 1’-6” width at southern side. In the year 1933 one portion (Northern side) out of 3 has purchased by great grandmother of my wife.
Schedule of property in the above document is
i)House 12’-0” X 48’-0” = 64.66 Sqyds.,
ii) 1/3 share of common lane (Southern side) 1’-6” X 4’-0”= 2.65 Sqyds.,
Total = 67.31 Sqyds.,
and provided Easementary Rights providing 3’-0” width rear side (Eastern side ) of remaining portions (2) to reach the inmates in to common lane at southern side through this lane 3’-0” width providing rear side. Subsequently the remaining 2 portions sold to Smt. Yerramma in the year 1937. In the seal deed of 1937 the Easementary rights of earlier portion that was sold in 1933 clearly mentioned by the seller.
Subsequently in year 1993 due to disputes in family of great grandmother the house was placed in auction, In auction notification it is mentioned as area of building is 67.00 Sqyds with all Easementary Rights of the house that had.
My wife with having affection on great grandmother she purchased house in the auction in year 1993. The court receiver prepared document without mention clearly the previous schedule of the house. He mentioned the area of house as 67.00 Sqyds., with normal Easementary Rights, without mention 1/3 share of southern side lane and Easementary Rights over the lane of rear side of balance 2 houses.
We have provided Municipal tap line after purchasing in 1993 to our house and it passes through southern side common lane and 3’-0” wide rear side lane and also a small drain is passing through 3’-0” lane provided for easement and it passes through southern side common lane, we are being used the same drain to dispose of sullage water of inmates of our house.
Now recently the grand daughter who acquired the property of balance 2 houses through gift from Smt.Yerramma. Where in the gift deed Easementary Rights over 3’-0” wide passage not furnished by the donor wantonly got the injection order by showing the sale deed of our house which was registered by the court receiver and showing the gift deed, without showing the documents 1937 and 1933 and they have constructed a 3’-0” width wall across the 3’-0” passage and concrete plug was put in the small drain.
Now the dispute is in the Hon’ble Court
Let me know whether the old documents can be useful to prove our Rights even those document prepared by the receiver not specifically mentioned the Easementary Rights over rear 3’-0” wide passage.
Anonymous
01 June 2011 at 10:32
Real fact is we are three daughter and one son for our father, my father have 10 acer of agricultural land, Land are sutiated in Karnataka state, Bangalore district, we all three are married daughter for my father, first daughter is marriage in 1985, second daughter marriage in 1998, and third daughter is marriage in 1990. Coming to the point is my father gave the all property to my brother by registration did in 2004, and he passed away in 2006. In this Partitions did my father did not mention any thing for daughters, Total property are registered for my brother, and my mother also have one acer of land in her name, this land will be purchased(1996) by my father earnings, now she also favor of my brother, but still this property is there in name of my mother. My brother is sell some property to third party also . In all property daughter are not getting anything, that’s why as a second daughter marriage in 1998, I am thinking file the suit for asking for my share in the entire property. Please give your good suggestion for me what is the share in the property for me 1/3 or more as per THE HINDU SUCCESSION (KARNATAKA AMENDMENT) ACT, 1990. And please let me know I will win the case or not.(I dont know the propertys are which one is ancestral and which one is self but before death of my father all property are there in his name)
Expect your good suggestion,
Thank u
&
Regards
Anonymous
advocatemanish
01 June 2011 at 10:31
sir, how to calculate property valuation for registry of plots and lands. please suggest me all method for registry(calculate valuation, and how to find stamp duty?)
Ajay Agarwala
01 June 2011 at 10:13
Dear Sir
I Have filed a cheque bouncing case against one of my customer, and the case is going on from last 2.Years,now we are in the final stage of judgement,we have all necessary documentary evidence with us such as bounced cheque,bank return memo, carbon invoice copies signed by the customer,advocate notice delivery confirmation from the postal department in written,now the stage is of accused statement but he is saying that he will give statement in written, is it possible, he is also denying that he had not received the advocate notice, as the person was from different state it was very difficult for us to bring him before the court, after serving 3.summon he did not appeared in the court as he has given some money to his local police,lastely court has served him summon through DGP and after that he appeared in the court,He has also given surety bond in his first appearance, sir i am sure that after judgement he will ran away because he is a big cheater, can we pray to magistrate to take him to judicial custody after judgement,and is there any precaution to take surety of my money.
waiting for your reply as soon as possible'
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harrasement
kind attention MR G SUNDARAYA RAJA
thanks for your kind reply.let me explain i had taken my husband to court nd police station when he came and dumped me at my parents place and having been granted maintenance suit filled by me four years later and being awarded in first hearing seemed like moral victory but i gave in to his reconciliation approach and things did improve , however during the mediation process two things came to light his usage of derogatory language and his mother who kept on interfering, the judicial magistrate made clear that our parents his and mine are not to frequent our matrimonial home , while my parents struck to the above his started frequenting soon our problems came back, he feels bad about being taken to court and police station the same institution which helped us to reconcile, he refuses to talk and wants to evade any question of problems , his ego is so big he has never made an attempt to talk the things over.