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Adv. Subhadeep Saha (Lawyer.)     06 December 2011

Delay in lodging fir

Please post some latest judgements of SC on 'effect of delay in lodging FIR'.



Learning

 6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 December 2011

search through

www.judis.nic.in

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 December 2011

How much delay and which kind of case, does the case rest on circumstaintial evidence or direct evidence.

 

There would be rulings in both ways.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Adv. Subhadeep Saha (Lawyer.)     06 December 2011

delay is of 3 days. case is of s.302 ipc. evidences are there as both direct & circumstantial.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 December 2011

The delay is not substantial, but might be material for some other circumstances.

 

Find other reasons of defence coupled with it.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

T.R.RAVINDRAN (Telecommn Services)     09 January 2012

 

Hello Sir

My agri.land is letout for annual rent of ten bags of paddy or equal worth of money.There is no written agreement between us.Land was in his possession when it was under litigation and it came to our hold by court decree order.As per the decree order the tenant would have enter into an agreement but it was not done. So on oral understanding the land was letout as stated above. For two years he paid rent as paddy. Afterwards he stopped doing cultivation and stopped paying rent. From 2004 & 2005 two years rent paid by him. Afterwards till date no rent from him.Then I issued a notice to handover land as there is no revenue from him.To my great shock I came to know that he had converted our land into layout without our consent along with his own land showing public road from our area also and obtain order for regularization  from the local corporation. The act he has committed is a criminal offence or civil nature?. Is it land grabbing or Breach of trust?Complaint given to police turned down stating that it is not a case for land grabbing and no threat for life though he is threatening us not to enter into the land. But advised us to take the possession with the help of surveyor. Though he had handed over the land as a layout to corporation, He had told police authority that he is  doing cultivation in our portion of land now and saying that he will leave land if some portion of land is given to him as tenancy compensation(i.e out of 2.50Acre area in 50 cents of land alone he is doing cultivation since few months)Taking possession after measuring our area will be a right way or I have to file suit for injection? Also is it right to do cultivation after forming layout duly taking approval?

Regards

RAVINDRAN

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 January 2012

It is criminal breach of trust.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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