A.Mohamed Thaheer
12 May 2009 at 10:26
Please clarify the following:
FIR filed on 28-09-2004
Sanction for prosecution was issued on 18-07-2007
Investigation completed by the police officer only on 07-05-2008, i.e nearly 11 months before completion of the investigation
Final report filed in the court on 26-06-2008
summoned on 05-07-2008
Appeared on the court as ordered by the court.
The Special Judge has got the power to deal this case under the prevention of corruption act, 1988 was issued by the Governor only on 11-01-2009.
In the above circumstance, the cognizance offence taken by the Special Judge and the initation of the process of the court under the criminal procedure code is legally valid?
The important point is that the sanction for prosecution under section 19 of the Prevention of Corruption Act, 1988 should be obtained ONLY AFTER COMPLETION OF INVESTIGATION BY THE POLICE OFFICERS AND PLACING ALL THE MATERIALS BEFORE THE SANCTIONING AUTHORITY FOR PERUSAL OF DOCUMENTS AND APPLICATION OF MIND TO HAVE KNOWLEDGE WHETHER PRIMAFACI CASE IS MADE OUT AND WHETHER IT IS NECESSARY FOR ISSUE OF SANCTION FOR PROSECUTION.
PLEASE QUOTE THE RELEVANT CITATION OF SUPREME COURT CASE LAW IN FAVOR OF THE ACCUSED.
A.Mohamed Thaheer
12 May 2009 at 10:23
Please clarify the following:
FIR filed on 28-09-2004
Sanction for prosecution was issued on 18-07-2007
Investigation completed by the police officer only on 07-05-2008, i.e nearly 11 months before completion of the investigation
Final report filed in the court on 26-06-2008
summoned on 05-07-2008
Appeared on the court as ordered by the court.
The Special Judge has got the power to deal this case under the prevention of corruption act, 1988 was issued by the Governor only on 11-01-2009.
In the above circumstance, the cognizance offence taken by the Special Judge and the initation of the process of the court under the criminal procedure code is legally valid?
The important point is that the sanction for prosecution under section 19 of the Prevention of Corruption Act, 1988 should be obtained ONLY AFTER COMPLETION OF INVESTIGATION BY THE POLICE OFFICERS AND PLACING ALL THE MATERIALS BEFORE THE SANCTIONING AUTHORITY FOR PERUSAL OF DOCUMENTS AND APPLICATION OF MIND TO HAVE KNOWLEDGE WHETHER PRIMAFACI CASE IS MADE OUT AND WHETHER IT IS NECESSARY FOR ISSUE OF SANCTION FOR PROSECUTION.
PLEASE QUOTE THE RELEVANT CITATION OF SUPREME COURT CASE LAW IN FAVOR OF THE ACCUSED.
A.Mohamed Thaheer
12 May 2009 at 10:22
Please clarify the following:
FIR filed on 28-09-2004
Sanction for prosecution was issued on 18-07-2007
Investigation completed by the police officer only on 07-05-2008, i.e nearly 11 months before completion of the investigation
Final report filed in the court on 26-06-2008
summoned on 05-07-2008
Appeared on the court as ordered by the court.
The Special Judge has got the power to deal this case under the prevention of corruption act, 1988 was issued by the Governor only on 11-01-2009.
In the above circumstance, the cognizance offence taken by the Special Judge and the initation of the process of the court under the criminal procedure code is legally valid?
The important point is that the sanction for prosecution under section 19 of the Prevention of Corruption Act, 1988 should be obtained ONLY AFTER COMPLETION OF INVESTIGATION BY THE POLICE OFFICERS AND PLACING ALL THE MATERIALS BEFORE THE SANCTIONING AUTHORITY FOR PERUSAL OF DOCUMENTS AND APPLICATION OF MIND TO HAVE KNOWLEDGE WHETHER PRIMAFACI CASE IS MADE OUT AND WHETHER IT IS NECESSARY FOR ISSUE OF SANCTION FOR PROSECUTION.
PLEASE QUOTE THE RELEVANT CITATION OF SUPREME COURT CASE LAW IN FAVOR OF THE ACCUSED.
Dev
11 May 2009 at 22:58
Hi
I need some expert help here.
I had a credit card - standard chartered which I was using since last january- 2008. I relocted to new city and was not happy with the services of bank so sent a mail to customer care saying - some incorrect charges in bill and last line saying
"Please take this mail as a closure of services with YOUR bank as I am not liable for any charges to my account."
After that mail I didnt recieve any email statemant nor the hard copy for the card since January 2009. So , I assumed my credit card is closed and I didn’t notice where my card is. This month bank has sent me statement showing abill of 15000 on my card. I talked to customer care that my card is no longer active they are not agreeing to this point and are asking me to pay the amount or I will be a defaulter same will be updated in RBI credit ratings and will not be able to apply for a loan in future.
I don’t want to get involved in any police cases ,fIRs and all. Please advice.
Member (Account Deleted)
11 May 2009 at 22:29
one male hindu person wants to marry his cousin (dauhgter of mother's sister).
There is no custom prevailing in this case.
1. Now if they marry what shall be legal consequence?
2. What shall be status of their children?
3. Can they subsequently register the marriage?
4. Can a third person bring a suit against them under section 18 of Hindu Marriage Act?
5. Any case law on similar fact?
Ranganath
11 May 2009 at 20:54
Ld Counsels,
When a complaint was made alleging dowry demand and later it was withdrawn after enquiry without registering FIR.
Is the police correct in not registering a FIR and allow for withdrawal. Since dowry demand is a non-compoundable offense is it permissible in law to let the complainant withdraw it with out registering FIR. Another complaint was filed with additional allegations.
How many days can a complaint be kept in pending petition enquiry state.
Please clarify
Shashwat Shukla
11 May 2009 at 20:50
Is it any right for daily wages employees in university for regularization who have been served for more than 10 years regularly and without a single break.
Tipsy
11 May 2009 at 20:28
Advice on car stilt parking repairs of a housing society ?
Our Society have 39 flats in all.In stilt, Builder has sold us 14 covered car-parkings wide registered agreement and also provided us the receipt of the consideration amount for our parking space.The society has demanded Parking Charge for stilt garage . although as per the adopted Bye-Laws of the Society, the law does not allow the Society to impose Parking Charge for a Purchased Car-Parking, but still we have paid , Society has allotted open Car-Parking space , members are paying Moreover Society does not have conveyance deed. Now major repair has Come , members are asking expenses for stilt garage repair, actually who should bear the cost, all the society or member function has been carried out in our stilt parking ?
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Information about 138 NIA !!
Dear Sir,
My name is Sandeep, i have a case of 138 NIA running on me. It's not actually check bouncing it's "Stop Payment" case. Two months back my opponent asked for the cheque which was stopped by us due to some reasons. We submitted the Draft of RS.3,50,000/- in the court. But, he never turned up for the draft.Court also directed his lawyer & him to present before the court.It's already 2 months of submission of draft. But there's no clue of him.
I would like to know what actually he could do more out of it. Would that be any more harm for me or how much harm can he do to me Legally. I never had any intentions of stop payment.Please advice me with your expert guidance. Thanks