baljit singh
16 years ago
Hi,
its baljit advocate here,
my querry is what is the remedy against the order passed by a criminal court while dealing a case in the capacity of lok adalat.
Facts of the case:
A criminal complaint was filed by a complainanat was entrusted to Special judicial magistrate for disposal. The accused was ordered to appear throuth non-bailable warrants. however the accused approached the complainant and asked him to withdraw the case and assured the payment covered by the cheque within one month. The complainant made unilateral statement in the court in the absence of accused ( who was yet to appear) and his statement was recorded and the case was posted for a date on which a lok adalat was scheduled to be held. The statement was simple one that he has got the matter compromised with the accused as such did not want to proceed with the complaint further. The complainant made the statement in view of the fact apart from the cheque amount a huge balance amoutn was also due to the accused. so doubting taht the accused might not refuse to pay the balance amount, he agreed to withdraw the case. However, the accused failed to keep his promise and as such a day before the lok adalat was scheduled to be convened, the complainant made an application before the court for permission to withdraw his statement and continue with the complaint. The said application was ordered to be put wiht the case file for the next day on which the lok adalat was scheduled to be ocnvened. on the said date a notice of the application was given to the accused, who was not present in the lok adalat on the said date, for some other date and the complaint was disposed off by the magistrate in view of the earlier statement of the complainant already on record. The said application remained pending for quite some time in the court and warrants for the appeacance of the accused were also issued. on one fine day, the court without procuring the presence of the accused dismissed the application on the ground taht the case has already been disposed off in the lok adalat.
querries?
whether the court was justified to disposed off the complaint on the basis of the previous statement of the complainant and ignoring the application made by him praying for withdrawal of statement and to continue with the trial in the changed circumstances?
Whether the complaint could have been disposed off in the lok adalat in the absence of the accused
What remedies are available to the complainant under the criminal procedure code to challege the said order.
baljit singh
16 years ago
Hi,
its baljit here,
my first querry relates to my earlier querry in response of which i did receive replies but for some of the experts i again want to put the same with some clarifaction.
" my querry was whether the accused can challenge the initiation of proceedings of proclamation against him, without surrendering, in the same court which wherein the proceedings are in progress but he has not yet been declared proclaimed offender.
The replies may kindly be specific in the light of the following facts.
" A, was married to B a U.S. citizen. The marriage took place in USA. The parties cohabited as husband and wife in USA. The marrige later on dissolved in USA. The parties to marriage never came to india any time between the solemnization of marriage till the dissolution of marraige. however, the father of B, who also happens to be US citizen got registered a case in India against A, who was in USA and his family members residing in india. In an enquiry, district police chief concluded that no offence was committed in india and as such recommended the cancellation of F.I.R. however the father of B managed to aproach some other higher official i.e. D.I.G., upon whose further orders the case was ordered to be investigated. Now the investigation is going on only against A whereas all the other members of his family were declared innocent. However in between the pendency of the investigation, A visited india and appeared before the District Police chief and submitted his written version caliming him to be innocent which is on record. His statement was also recorded and he was let to go as such A again returned to USA. However the I.O. of the case whithout disclosing the factum of the appearance of the A before the police chief applied for intiation of proclamation proceedings in the court of CJM without disclosing the other facts of the case especially the apperance of the A before the District Police chief and recording of his statement and also the fact that why he was not arrested when he appeared in case and his statement was recorded and what new fact has come on record for which his arrest is necessary and the investigation cannot be carried without his arrest. So, now it is clear that the proceedings have been intiated with malafide. A has already filed a petiton under section 482 for the quashment of F.I.R. on the ground first of all no offence is made out in F.I.R against him or his family and secondly, if at all any offence is spelled out in F.I.R. then no part of the offence is committed in india as such the F.I.R. is bad for want of jurisdicition wherein the state has also filed reply and admitted the contentions of A with respect to his appearance before the District Police chief and recording of his statemtnt therein. But the local police is adament to get A declared proclaimed offender. Now A want to challenge the initiatin of the procalmation proceedings before the court wherein the same are pending by failling an application through his attorney. Pls suggest and answere the querry in the light of these facts.
Baljit singh advocate.
has intiated those proceedings
Prashant
16 years ago
A Pvt Ltd is newly formed company & is subsidiary of B Ltd. A Pvt Ltd is in the process of applying for tender & is required to furnish Bank Gurantee. Since it is newly formed company, its holding co. B Ltd kept FD worth Rs 50 lakh with bank & provided BG on behalfo A Pvt Ltd. BG required was Rs 50 lak so holding co kept 100% margin money in terms of FD & bank put its lien on FD.
Now bank wants counter indemnity for guarantee limit.
So whether bank is right in asking such counter indemnity once 100% margin is kept. What is the available defence against bank for forcing counter indemnity.
Under what circumstances the counter indemnity is asked by bank. Are their any RBI guidelines for such counter indemnity.
Pls advice & guide
Thanks in advance
Dinesh Patel
16 years ago
We are a private limited company own a residential apartment in a cooperative society in Ahmedabad. Our company is a member of the society. The share certificate is issued in name of our company.
When we purchase this property from the developer, he has allowed us to use the partment for office work space passing a special resolution in the society. and got the same resulation passed in the District Panchayat also.
This property falls within the limits of Ahmedabad Municipal Corporation. Our property is assesed as a coomercial property by the municipal corporation, and we are payning municipal tax for commercial use.
From very begining we are paying maintenance charges 2 times than other residential occupents in our society.
Now from few days administration body of our sociesty is demanding 7 times the maintenance charge against residential occupents. They have stop facilities of lift and thretening us to discunnect our water connection.
We request you to please advice us on this issue and kindly provide judgement relating to our query.
Regards
Dinesh Patel
Rishi Ahuja
16 years ago
Respected sir,
My wife has applied for Divorce in the family court and asked for the evidances, once she didnot attended the court and on other day also she didnot gave the evidances and asked for the next date.
And in case of my wson custody, case was filed in Jan/09 but till date she has not filed the reply of the same in other words , she is not at all atternded the Hon'ble court sir. Now what will be the further action can be taken over my both casesw.
Rishi Ahuja
16 years ago
Respected sir ,
Hon'ble court has pass the direction to IO to submit the status report in person,
but when told the Hon'ble court that IO is neither attending the court nor submitting the status report more then five months past. even after two summuns were also issued, now what action can be taken against him in case he is not attending the Hon'bler court on NDOH.
Rishi Ahuja
16 years ago
Respected sir ,
Hon'ble court has pass the direction to IO to submit the status report in person,
but when told the Hon'ble court that IO is neither attending the court nor submitting the status report more then five months past. even after two summuns were also issued, now what action can be taken against him in case he is not attending the Hon'bler court on NDOH.
Savithri
16 years ago
Sir
we are one of the owners of an apartment of which few flats are yet to be sold by the builder. The owners have decided to form an association and have it registered. once an association is formed what rights the builder have w.r.t the following:
1. Can he make an alteration / build any structure in the common area?
2. Each apartment owner has paid separately for car parking space, any excess parking space available after providing each apartment owner one parking space can it be sold by the builder to any third party?
3. Does the association have rights to stop the builder in case he indulges in any of the above acts? does the position of the association change in case it is not registered?
Regards
S.Haritha
16 years ago
We are 3 daughter's and my mother is alive. MY father has expird 5 months back. He has not written any will. he has given his agricultural property for development. Our query is we want to know how & where to apply for legal heir certificate? One of my sister is In U.S. is she needed at the time of application for Legal Heir Certificate?
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Bombay Public Trust Act
Please could anyone help
My query is if we read the Bombay Public Trust Act, 1950, there is no provision that says an order of the concerned charity commissioner is a must.It only says that the charity commissioner, if he thinks to hold an enquiry will do so.
If I have filed a change report relating to addition of name of a Trustee, the said change reprot has been sent through post after few years I find out that the said change report is pending in the office of the charity commissioner.
Whose duty is it to pass orders
Or if the Charity commissioner has passed an order for want of documents change report seen and filed,does that amount to acceptance of the name of the concerned person as a Trustee.
Also suppose if the name is not indicated in the Sch I, is the said person to be treated as a legal trustee or a de- facto trustee.
In one of my case, the change report has been pending, he is filing change reports as reporting trustee. Now the concerned commissioner, is saying that as his name is not indicated in the Sch I, he has no legal rights to sign change reports.
Could anyone please assist me in which section to read and which book to refer for elaborate clarification
Please its very important to me