khurana
20 May 2022 at 19:41
I need advice & guidance from my Learned Respected Senior Experts to guide me with relevant Judgements / Precedents or any Case Laws of Filing a FIR under s 154(1) under U.P. Gangster Act 1986
Is the procedure different for a SHO of a Police Station
Sagar Kotak
20 May 2022 at 12:17
Brief Facts of the Case:
We [the Complainant] have won the case at the trial court in Bhuj, Kutch U/s. 138 of the Negotiable Instruments Act against Accused who failed to honor his payment for Rs. 75 lacs.
The Accused preferred an Appeal against the said order of the trial court. The Appellate court directed the Accused to deposit an amount of Rs. 22 lacs in court as a pre-condition to accept the appeal as per S. 148 (1) of the NI Act which reads as under:-
"the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty percent of the fine or compensation awarded by the trial Court"
My Query is as follows:
Present Stage: We have filed an application before the Appellate Court to direct the release of the said amount of Rs. 22 lacs deposited by the Accused in favor of the Complainant as per Sec. 148 (3) of the NI Act which reads as under:-
"The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal:
Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant."
I need advice & guidance from my Learned Respected Senior Experts to guide me with relevant Judgements / Precedents / Case Laws / Points of Arguments and / or with any other case material which could help convince the court to release the said amount in favor of the complainant as per S 148 (3) of NI Act.
In spite of the aforesaid law, if the court for some reason denies to release the said amount in favor of the complainant then what are the remedies / options available to the complainant to appeal against the said order? What is the procedure to be followed and which is the competent authority to approach to challenge the order. Can the procedure be expedited or is it a lengthy procedure?
Thanking You In Advance.
Regards.
Anonymous
20 May 2022 at 07:48
I resigned from an IT services company on 20 April 2022 due to better opportunity and dis-satisfaction. As per the appointment letter, an employee has to give 3 months notice before leaving the company. At the time of resignation I did not have any project/work. Recently the manager has assigned a new task and asked me to complete it before last working day (19th July 2022)  otherwise he is planning to extend the last working day indefinitely. Completion of this new task before last working day may not be possible even i work 12 hours/day.
The date of joing in the other compay  will be on 21 July 2022. If not joined on this date, the offer will be cancelled. They may extend only a few days on request.
My anxiety now is that if the current company will not relieve me on or before 19th July 2022, I will become jobless. Because I lose current job due to resignation and other job offer will be cancelled automatically.
Please suggest whether i could file the case in court if current employer will not relieve me before last working day (19 July 2022) on the basis of voilation of notice period term.
Regards
Anonymous
19 May 2022 at 15:18
Dear sir/madam ,I have purchased a plot in 2019 developed by a private builder. This land was initially developed by another society and allotted to its members and the society lost the land to the farmer(daughters share). Now the members who got the site allotted lost the title for their plots due to SC judgement against their society. The previous member allottee related to my current plot had put a case on the farmer( daughter). The farmer had filed written statement but did not contest further bec she sold the plots and it was never infromed to me. The court had given decree based on facts said by the allottee and documents produced by the allotee without opposite party (farmer daughters). Before the case was decreed, I have already put a fresh case on thé allottee and got a permanent injunction untill disposal of the suit. The allotte had counter calim my written statement saying they already have a decree against the farmer. Should I now challenge this decree in high court or can i continue with my case which i have against the allotte as the current owner.?
Balakrishnan Ramaraj
19 May 2022 at 00:05
Dear Expert,
I own an agricultural land of 50 cent and attached to a open well of 17 cent both are on different survey number. 50 cent is owned by completely by me and open well is joint of 3 share .
now share holders asking me to open well land to divide the in to 3 share .
i have no idea about this please help me
Thanks
Balakrishnan
Balakrishnan Ramaraj
18 May 2022 at 23:59
Dear Expert,
I am a senior citizen aged around 72 and living with my wife aged around 62 in Tamil Nadu state. we have land dispute issue with neighbours and relatives. my son and daughter are living in Chennai for there work visit once in a month. we are facing lot of threatening and oral violence with this member. and we have filed a police compliant and Police not taking any steps to help me and wife.
Please help / Guide me to escalate this case to higher officers and live a peaceful life.
Thanks
Balakrishnan
Anonymous
18 May 2022 at 19:18
Many supervisory staff given 3 months notice given and terminated TVS Group company , by converting work mam to supervisory cadre . Later workmen given VRS scheme 20 Lakhs. Is that ok.
Vasudevan
18 May 2022 at 10:30
Respected Learned Experts, Due to pending judicial proceedings, I have been sanctioned with provisional pension under Rule 69 of CCS (Pension) Rules 1972 in Jan 2020 i.e., after 3 years of of my date of retirement. I had filed my pension papers to my department in 2017 itself. I had filed a case before CAT claiming interest for the delayed payment of provisional payment. As I am appearing as Party In-person, I pray the Hon'ble Members to share any of the circulars/OM issued by the Department of Personnel and Training in connection with the time limit to sanction pension to under CCS Rule 1972. My e-mail address is vasuvenkat61@yahoo.in. Thanks in advance.
Anonymous
18 May 2022 at 06:57
Dear sir, 1. After FIR filled in police station of A1,A2,A3 then within how much time does the civil suit we can file against accused? Because first time money given to accused 25/7/2019 and upto November we have given and upto 27/2/2021 transactions have made between us and bindover have written at lawyer on march till April 30th 2021 later there is no communication with accused. 2. What will be court and advocate charges for civil case to recover money worth 7.5 lakh from accused if we have cheques and promisory notes which was given by accused? 3. cheques were bounced in the year 19/5/2021 but cheque bounce case have not been registered due to covid so does these cheques valid or not as of now? 4.how many years it will take to recover money through court after filling civil case towards accused?
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