lawyers friend
13 July 2008 at 21:39
hi,
one of my friend give me this "judgment of the Madras High Court"
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The judgment of the Madras High Court quoted in the news report below could help you in criminal cases.
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Keep off civil disputes, HC tells police
It Will Only Result In Huge Pendency Of Cases: Judge
A Subramani | TNN / TIMES OF INDIA, CHENNAI 13 July 2008
Chennai: Can criminal proceedings be initiated for issues concerning credit cards, personal loans, housing loans, hire-purchase schemes, default in payment of instalments and cheque-bounce cases?
No, is the Madras High Court's emphatic answer.
Neither the judicial/metropolitan magistrates shall entertain any private complaints from corporate firms in this connection, nor shall the police register criminal cases against persons concerned to please their corporate complainants, said Justice R Regupathi.
Not stopping with that, the judge directed the high court's registrar (vigilance) to compile state-wide statistics on the number of private complaints lodged for these civil disputes, and the orders passed by the magistrates concerned.
Narrating the novel system adopted by private financial institutions/banks, the judge said they file private complaints before magistrates and secure an order directing the jurisdictional police to register a criminal case and carry out investigations under Section 156(3) of the CrPc. Despite the fact that the dispute is civil in nature and the police are under no obligation to register any case, police personnel contact the persons and intimidate them to repay the credit card payment or personal loan or hire-purchase amount due to the bank.
Citing two specific cases that came up before him, Justice Regupathi said in both cases though there was nothing to investigate, the magistrate concerned, "with oblique motive to convert a civil case into a criminal case," directed police to register a case and probe.
CURBING ABUSE
Magistrates asked not to entertain private complaints
Police not to register criminal cases in such complaints
Erring magistrates warned of stringent action
HC registrar asked to compile statistics on number of private complaints
Also asked to report on the orders passed by the magistrates concerned
Banks using police to harass defaulters: HC
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also in "judgement of the Supreme Court" wherein it has been decided that the NBW could not be issued at the first instance. It had to be preceede by summons and a bailable warrant.
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Kindly advice if this Judgment is there then how could the Banks had issues Warrants and filed cases on me under Criminal Law from the lower court,can I get those cases and warrants/summons cancelled on basis of this judgment and can we take action against banks and sue them for mental harassment.can i file PIL for this.
Member (Account Deleted)
13 July 2008 at 20:54
Can someone please enlighten me as to how can courts grant anticipatory bail to those accused who have gone into hiding?
Is such an order of the court granting anticipatory bail to absconders justified?
Priyanka
13 July 2008 at 15:42
Facts :
A(Husband)& B (wife) are the joint holders of a flat in a Co-operative Hsg. soc. (Mumbai).
A dies, B remains as a single holder. They have 3 daughters, no son.
Now B wants to make 2 daughters (unmarried) out of 3 to become joint owners with her.
Query :
1. Whether such case can be considered a "Transfer", & thus, liable to "Transfer Fees" ?
2. If yes, then how much "Transfer Fees" are liable to pay ?
arun
12 July 2008 at 23:13
sir my father purchased a piece of land(withbuilding) with out knowing that it is a litigistic land and the case regarding the owner ship of the property is pending before the court actually the case summary is ... the plaintiff who wants to trouble the defendant put a case in the court claiming that he is the owner of the property but in actual we very well know that the property surely belongs to our seller(defendant).now the case has come up to the stage of an issue what is the meaning of the term "issue" further out the 3 conditions put by the plaintiff
1.to restrain the defendant from interfering in the plaintiff peaceful possession
2.to confer ownership title on the plaintiff
3.to reimburse the amount
clause 1 has been verdicted against the plaintiff does it mean the case is closer to an end
sir pl have a note here that the person (plaintiff ) according to our well known sources is not an owner he simply put the case in 2004 to trouble the seller.further what is the legal position of my father
umapandya
12 July 2008 at 19:23
charges 420,467,468,471,120(B)
I want to know that if an insurance agent
is punishable if the person who is insured is killed by somebody.The agent is neither financial beneficiary nor related to the nominee.The police hasnot made any charges against nominee.
whether filling a proposal form is also a ground for punishment.
I want to know is there any veredict/judgement of high/supreme court which can establish that insurance company has the right & authority to accept/reject a policy and claim and an agent has no role in it so how can he be held responsible given that nominee is not chargesheeted by police
Kapil Kumar
12 July 2008 at 19:19
Kindly let me know what are the remedies available to me as an individual who had availed Personal loan as well as used gthe credit facility from MNC Banks and had been using it properly for almost 4- years but due to some sudden financial crisis I have lost my money and now I am a BIG ZERO in terms of money and assets,I am staying in a rented place ,having no assets,surviving on my brothers salary,no job,no business,I had no mal intentions to be a defaulter as I use to make all the payments on time before this sudden shock,there has been cases filed against me under different IPC section of criminal and civil procedures.to be true I do not have money to pay or to fiight cases or to ask banks to settle,kindly show me a way to save my self and my family from this legal trauma.Is insolvency or bankruptcy is a way .
nirantara jo
12 July 2008 at 12:48
we are having the case of a flat currently case is pending from 1984 & the tenant is staying there because court give him a stay in only kitchen portion, so what i need to do
sanjiv
12 July 2008 at 12:15
Dear Sir
I had cleared My LLB exams ( III) Year & now i am working in a company in HR division. I want to know that can i register for bar council membership with my job. i can take suspension after registration as upto my knowledge person cannot take membership while in the job but i want to take the membership its ok with me if from the very next day i can apply for suspension
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Termination of Services
Hi..
I would like to take an expert advice before I take any legal help.
I was working with an "ABC" Multinational Co. I served the organization for abt 7.5 Yrs. I resigned from the services & served the notice period for two months. As per my promotion letter I had to serve three months notice but I was only able to serve two months of notice. I had over 32 days pending leaves & i was of the opinion that my 32 days pending leave will cover my remaining notice period of 30 days. I requested the management to relieve me from the services but the management wanted me to serve complete three months notice. They were not willing to accept any payment in lieu of notice period. So, I served two months notice and then went on leave for remaining one month. I then joined the other organization "XYZ" thinking that the previous organization will adjust my 32 days pending leave in the remaining notice period which never happened. And the previous organization terminated my services on the ground of dual employment. I am asking the previous organization to give me the experience letter since I had worked with the same for over 7.5 Yrs. So should I take legal help in getting an experience letter for myself & secondly is there termination valid.....?????