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A.Mohamed Thaheer   03 June 2009 at 08:32

Contradictory judgments by different benches -what remedy

What is the course of legal action for getting natural justice, when contradictory judgments were delivered by two different High court, namely Delhi High Court judgment dated 04-07-2008 and High Court, Chennai dated 30-09-2008 respectively on the very same issue of criminal misappropriation of money to the tune of Rs, 25 lakhs ( BENCH OF THE Delhi High Court Judgment), and for Rs.11,255/- (BENCH OF THE Chennai High Court Judgment, under section 13 (1) (c) of the Prevention of Corruption Act, 1988.

In the above said two judgments, Delhi High has given a very detailed judgment according to the statutory provisions of the relevant under the Central Civil Service Pension Rules, 1972, 80% in favour of the Accused for releasing all the retiral benefits due on the date retirement, EXCEPT UPHOLDING THE PAYMENT OF PROVISIONAL PENSION TILL THE FATE OF THE ACCUSED IN THE CRIMINAL CASE for the alleged misappropriated amount of more than 23 lakhs, read with 34 IPC>

But, the Bench of the Chennai High Court has given the judgment ADVERSELY AGAINST THE ACCUSED BY QUASHING THE CAT order which is very much similar to the Judgment of the Bench of the Delhi High Court dat
ed 04-07-2008.

The further pity in this case is the alleged misappropriation of amount is ONLY
R.11,255/- in which case also, it is pending yet to be proved in the court of law.

What is the legal remedy for the injustice done by the Bench of the High Court, Chennai?








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Gopal Krishna Behera   03 June 2009 at 07:00

Additional Statement

Sir,
Can a supplimentary/additional statement of an accused be recorded under Section 313 Cr.P.C.?

Thanking you..
With best regards...
Gopal.

Satish   02 June 2009 at 21:41

Audio Recoording

Resp. Expert Members,
One of my client has recorded the conversation of his wife and mother-in-law in his mobile phone.
The recorded facts are of much important in his case for seperation.

Now I want to know :
1) What is the procedure to produce this audio recording before the court?
2) At which stage I should produce it before the court?
3) Whether it will be considered by the court as a documentary evidence?

shivraj   02 June 2009 at 20:43

CPC.

In one case Suit is filed in the year 1991 for partition of Joint family property. Afterworlds plaintiff died within pendency of suit he have only one doughter (heirs) which is married in 1980. In this case 51 defendants meanwhile time 10 defendants have filed power of attorney of plaintiff which is fraudulent in nature because the signature of plaintiff not taken on POA. That the POA holder is def.no.2 son and taking the benefit of Fradulant POA def. filed a compromise pursis before the JMFC Court and obtained a judgment and order in favour of def. but in the compromise pursis there was no consent or sign. Of plaintiff was Taken and also he is not present before the court at the time compromise pursis because of illness and old aged person.

After that taking the benefit of compromise judgment and order the defendant sold out some part of suit property. For challenging the illegal act of defendants Plaintiff daughter filed an application U/S-151 of CPC. And Sec.420, 465 of IPC and demands to recall the original case and taking action against the illegal act of the defendants. And also she has proved that this POA is illegal and forged in nature from competent authority.

On this point of view following question arises:-

1) Whether the LD.JMFC have a right to decide the compromise pursis?
2) Applicability of forged document like as POA?
3) Can plaintiff recall directly the original case? Which is in Hearing stage.
4) Whether Hon’ble Court Have directly power to cancel the all transaction made by the defendant? If yes U/ which provision?
5) Whether the court appointed a receiver or court commissioner for whole property in this case?

If any caselaws relating to this case please give the reference Thank u.

Ami Parekh   02 June 2009 at 18:16

how to register for Shop & establishment

Can some one please explain How to register for Shop & Establishment with BMC by a wholly Subsidery Company

M ShivaKumar   02 June 2009 at 17:24

VAT Charges

Hi,

Pls. specify the VAT charges on Food bills, alcohol bills at Restaurant / Hotels etc in Karnataka

Recently i have come across to quotations by different hotels which are between 24% - 33.33%.

Regards,
ShivaKumar.M

vikas   02 June 2009 at 15:37

regarding stamp duty

r/sir,
i have taken housing loan of rs. 10 lakhs,
now i have to do equitable mortgage on the same, for the purpose please tell me the rate of stamp duty to be paid for the registration of equitable mortgage deed.
plz reply me soon, i am in trouble.
thanking you
warm regards
vikas jain

Pravesh Shukla   02 June 2009 at 15:28

Attendence management

Dear Sir,
Could you pleaze provide me Attendence management sheet?

Pravesh Shukla   02 June 2009 at 15:23

PF & ESI

Dear Sir,
Could You provide me PF challan form and tell me what is the diffrence between PF & PF challan, and ESI & Esi challan. What is the use of PF & ESI Challan.What is Payroll management and What is the role of an HR in payroll management? How is Payroll management done?

hln   02 June 2009 at 14:38

Gifting away property

My friend needs legal advice on gifting property.
He intends to gift his self-acquired property worth Rs.30 L to one of his acquaintance. He had fallen sick and no body turned up to look after him. One of his acquaintance came to his rescue. Served him and stood by him in times of crisis. Pleased with her guileless act, he intends to gift his self-acquired property to her. Is it legally acceptable?
His wife has deserted him and living separately from him for the last 20 years. However,she does not intend to join him nor has she accepted divorce.
He is bent on not giving her this self-acquired property. Is this possible from legal angle?
If so, what is the stamp duty involved for registering gift deed. Does it attract any tax. Kindly let me know to help him come out of his predicament.