vijaya
30 November 2017 at 11:51
Respected experts, after issue of legal notices in partition suit in Nov'14 and Dec'14, a criminal case was filed on our family in Jan'15 us.420 & 506 alleging 4 bangles and money taken by us in Aug'14 and charge sheet was filed with oral statements of 3 witnesses only with no other material evidence. The complainant is my mother and first witness is her brother and both are defendants in partition suit. 2nd witness is wife of first witness and 3rd witness is maid servant of the complainant ie. my mother. It was alleged that my daughter took gold from my mother on a promise to return in 10 days and not returning and that when she asked to return we threatened to file partition suit. in fact we also filed a writ petition in Dec-14 when police started harassing us on different pretexts. That time also this allegation was not mentioned. We have contested in high court to quash the proceedings that they did not mention the alleged incident in their reply to the legal notices and also s.420 has no application even if their story is true. Order was passed in the high court deleting s.506, but saying the allegation attracts s.415 and dishonest intention to be examined by trail court.
May I request you to please throw some light on whether the said breakage of promise to return is a civil wrong or crime us.415. In the absence of entrustment or inducement in the allegation itself, does s.415 can really be applied? Please help me understand and suggest me the available legal remedies. I am concerned if filing criminal case in the court is that easy such as 2 defendants in partition suit can be a complainant and a witness without any evidence.
regards..vijaya
Anonymous
30 November 2017 at 11:03
Sir/s,
my clients have sold and supplied the goods to one firm vied purchase order of Jul. 2014. the goods supplied vied various invoices from Oct. 2014 to December 2014. My clients does not have any lorry receipt or delivery challan. as per the terms settled between the parties, one month period credit from the date of invoice was given by my client for the payment of the goods. after taking of the delivery of the goods the purchaser didn't pay a single amount towards the goods. they didn't even reply to the notice of my clients.
My clients wants to file a money recovery suit against the purchaser firm on the foot of account. My querry is that (1) under which section I can file a money recovery suit? Under O. 37 R. 2 or any other? further (2) In a recovery suit can I claim the amount of all the invoice i.e. of October, November and December or only December's invoices are maintainable. (3) is there any other remedy available for my client to recover the amount?
Rashmi
30 November 2017 at 10:30
Me n my mother are legal heirs of two shops after my father's death in 1992. Shops are in ground floor in a complex, Hubli, Karnataka. My mother's brother took over the business n other responsibilities and occupied the mezanine n rented the ground part to their known tenant. Tenant have dug a pit for wheel balancing without our knowledge n Complex owner have filed case against us for tenants misconduct. The notice is received by my mother's brother (tenant is aware of it. ) n appeared in case on behalf of us. They have run the case in my n my mother's name from 2010 till 2016 without our knowledge with forged signs. Now we came to know of this case n I submitted a written letter to the judge present at that time that the case is run without our knowledge n we have not appointed any lawyer. She told to appoint new lawyer. I want to complain against the lawyer who appeared on our behalf. No lawyer is supporting me in this case. How to approach Bar Council, what documents I need to produce, what is the procedure please let me know.
neha
30 November 2017 at 09:29
Dear sir/ Mam,
Do we renew promissory notes after expiry of 3 years through court by paying fee?
Please advise me regarding this.
Thanks in Advance.
Anonymous
30 November 2017 at 08:47
in a case of 304b can the trial be completed quickly if settled with the complainant
N.Damodaram Naidu
30 November 2017 at 08:37
Dear sirs,
A private complaint filed by me in a JFCM court was dismissed and the accused was acquitted. My advocate filed on behalf of me an appeal in the District Court, Chittoor of Andhra Pradesh which has got numbered and taken on file. The case is posted to 8th March 2018 for hearing.
Recently I came to know that District Courts are not competent to take appeals against acquittal. In these circumstances my request is can I file a S.L.P. in the honourable High Court when the appeal is pending before the District Court? Will the honourable High Court condone the delay in filing S.L.P.? The problem arose because of my advocate but not of me. what can I do in this matter?
Anonymous
30 November 2017 at 05:20
Hi , I want to get caste certificate for my children. I born in Gujarat and migrated to Maharashtra. I have sebc caste certificate from Gujarat. However my children are born in Maharashtra. Also caste certificate issued to me from Gujarat at the time of my HSC exam (year 2000) is in Gujarati language, so how to convert same in English, Hindi or in Marathi language so as to let understand Maharashtra govt official. My children are just in Primary school at this moment.
S.D. Singh
29 November 2017 at 22:00
I purchased a property from bank in e-auction. I made full payment in time, but physical possession not provided because possession was with the borrower. The bank taken a letter from me that I agree to take physical possession later on and issued Sale Certificate , omitting the statutory line therein that physical possession has been handed over. Later on borrower got stay from high court for proving Physical possession by bank to me. Please tell me what is the validity or legal status of Sale Certificate. Am I legal owner / title holder of the property as on date. Can I get electric meter transferred in my name on the basis of Sale Certificate . Please advise....
Anonymous
29 November 2017 at 19:18
Hi,
Can we change our date of birth in passport
I have already submitted my date of birth certificate but my Dob is incorrect in that.
By providing my Adhar card can I get it done.
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Non execution of nbw against accused in u/s 138 ni act
Dear Experts,
The case filed in 2012 and the case has been transferred from Vellore Tamilnadu to Pune Maharashtra. The accused lives in Vellore Tamil Nadu,
The Pune court has issued the NBW against the accused and NBW is not executing by police also I have approached SP office thrice, and also related police station.
I asked the Sub inspector of that particular police station, if you are not executing then reply to court and give the reason. Police not interested to answer it. Almost 3 months over no reply from them.
Is there any time frame to police to answer/reply to court regarding the NBW execution ?
If police neither executed the NBW nor given the reply to court? what will be the next step? how long I should wait to get reply from Police? can I file RTI in SP office for not replying to NBW?
Pls advice with your valuable suggestions. Thanks,