A.Mohamed Thaheer
19 May 2009 at 18:25
A Govt. servant had given a damaging, false, and malicious statement against his superior officer in an vigilance inquiry resulting to withholding of retiral benefits on the date of retirement and to till-date.
But, the police officials after inquiry,dropped the complaint, since, the complaint was baseless and could not be proved.
I have suffered mental torture, financial loss and diminishing of social status etc.,
What action I can take against the Govt. servant, since I wish to take both criminal and civil action. What is the period of limitation in both the cases
Anwar A Noor
19 May 2009 at 17:20
I had sold materials to one partnership firm & had collected Post dated Chq's from them. The cheques have bounsed for reasone exeeds arrangement & stop payement. It was my first transection. On return of chqs i have given him notice U/s 138 & intend to file suite against him. & they are denying all the transections.(the party has also defaulted with its bankers & his factory is Morgetged & bank intends to issue him notice under surfassi act)
If along with 138 i also file a summery suite to recover my dues but since his factory is morgetged i also feel need to file summery suite agains him so as to have my rights also on his factory's sale proceeds after banks payement is cleared.
Now i what to know,
Is it possible to get compensation from court of 138 as well as recovering my money by fileing summery suite in civil court? as i have learnt that 138 courts gets you only compensation or Jail to accused & not recover your dues Whereas only summery or civil suite can give you rights on defendents property to recover dues.
Kindky reply at earliest as i have very littel time
Savita
19 May 2009 at 16:40
Dear Friends,
My Company manufactures Malt by germinating barley in germination boxes. Germination boxes are made as cemented structures by using building material. Now, sales tax authorities argues that germination boxes are part of building while my company argues that it's a part of Plant & Machinery because without making germination boxes we cannot germinate barley for making Malt.
We want to make some more germination boxes and wants to buy material by using 'C' form under Central Sales Tax Act.
Please guide me that how should we proove before the sales tax authorities that germination boxes are a part of plant & machinery. Please also quote some case laws on this.
A.Mohamed Thaheer
19 May 2009 at 15:24
1) Will you please explain the true spirit and concept of section 19 of the Prevention of Corruption Act, 1988?
2) At what stage, legally valid sanction for prosecution has to be obtained in a criminal case connected to the official duties committed prior to his retirement from the Government service?
a) Prior to the commencement of the investigation, (OR)
b) At the time of investigation, (OR)
c) During the middle of investigation,OR
d) After the completion of investigation,
(OR)
e) After filing the final report/Charge
sheet filed under section 173 of
Cr.P.C.,
(OR)
f) After cognizance taken by the
competent Special Judge, (OR)
g) After preliminary examination of the
accused, (OR)
h) After charge sheet framed by the
competent judge, (OR)
i) During the commencement of the trial/
middle of the trial/at any stage
during the trial/before delivery of
the judgment.
2) If the sanction for prosecution
obtained nearly 11 months before the
commencement of the investigation is
valid?
3) If the competent Special Judge takes
cognizance of the offence relying upon
the sanction obtained prior to the
commencement of the investigation/in
middle of the investigation , whether
cognizance taken is valid or ab-initio
void?
4) Whether, the cognizance taken by the
District Judge for whom no powers are
delegated by the Govt. under the name
of personal designata is legally valid?
What is the legal remedy on the above
situation?
5) If the valid sanction is given for the
Judge for conducting cases under the
P.C.Act, after 6 months period of
taking cognizance of the offence,
whether the proceeding commenced is
legally valid.
Please give me your expertise opinion
point by point with clairity, citing
supreme court case laws for all my
questions in support of my questions.
Ria
19 May 2009 at 14:12
Dear experts,
I would like to know whether a promissory note should be executed on a stamp paper, if not then what is the procedure.
Also as an individual can I legally lend money to someone on a monthly interest and make a mention of the interest rate on the promissory note.
Also please guide me with format of a promissory note.
BHAWNA
19 May 2009 at 12:30
What are the steps of estabilishing BPO/ Call center in India and which all laws are applicable?
Swami Sadashiva Brahmendra Sar
19 May 2009 at 00:25
Normally a government servant can not challenge his compulsory retirement. is there any exception to this rule? can he challenge his compulsory retirement on the ground that it is stigmatic becuse some charges has been alleged ?
k.kumar raja
18 May 2009 at 20:28
any citation for acquittal.brief:cheque No. quated in complaint,sworn statement,notice and pw1 are same.But marked cheque No.various.It is admitted in the cross examination.please give mesome citation. thanking you.
Pramod Kumar
18 May 2009 at 20:12
Dear Members,
Could you guide me in letting me know the following.
1. Will the court issue Succession Certificate or Legal Heir Certificate.
2. My client has approached the local MRO but was asked to obtain Legal Heir Certificate from Civil Court.
3. But will the civil court issue Legal Heir Certificate. Normally, it will issued Succession Certificate.
4. Please let me know the documents and other formalities format if possible to apply to the civil court for obtaining the Succession Certificate.
Regards,
Pramod
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Action to be taken for a false complaint of sexual harassmen
What criminal/civil action could be taken against a woman govt. servant who had given a false complaint of sexual harassment in the
Govt. office and later decided by the committee that the charge could not be proved since the complaint had declined to appear before the committee of inquiry,which was constituted according to the guidelines of the Hon. Supreme Court of India, in the case of Vishaka & Others vs State of Rajasthan (1997)