One Punjab Govt employee has criminal proceedings in the trial court. Now she died. Court abate proceedings. Can Recovery from Pension of pecuniary loss caused to Government be made even criminal proceedings abate. If the pension is claimed by Legal Heirs. What is fate? Can pecuniary loss cause to Government be recovered from Legal Heirs?
Criminal Law
Dishonour of security cheque is no offence under N I Act
I gave a loan to my friend because he was facing some financial hardship. At the same time, he gave me a security cheque. That security cheque was bearing the equal amount of loan because he intended to secure the loan. However, I was quite sure that he will repay the loan within 2 months but unfortunately, he failed to do so.
Thereafter, I made some query regarding the repayment of the loan. He told me to encash the security cheque and after receiving his assurance, I presented that cheque in the bank. The bank informed me that he has dishonoured the cheque.
I sent him a demand notice to pay the loan amount but he did not reply. After receiving no response from him, I have filed a complaint against him. At the trial, he pleaded that it was a security cheque, therefore, he stopped that cheque. He said that no offence is made out under section 138 NI act. Is he right? What the law towards security cheque?
Government filed criminal case after 13 years of my retirement
The Bihar Government has filed criminal case after 13 years of my retirement. Government has filed a criminal case against me under section 420/467/468/471/409/201/120-B IPC for granting illegal licenses to some traders of Bihar in the discharge of my official duties. It was the regime of Lalu Yadav when the government frequently changes rules and regulation for granting licenses. Now I am retired from the public post in the year 2002 March 12.
I have been availing all the retiral benefits and also enjoy pension. On November 3 of the year 2014, I received a letter from the PS of my department that Honorable Governor of state passed an order to recover all the loss, suffered to department from granting illegal licenses, from my pension. Sir, is it legitimate to file a criminal case and recover that amount out of my pension after 25 years from the date of occurrence and 13 years of my retirement?
Harassment from neighbour by illegal construction
Sir, I’m a defence personal and posted in West Bengal. I am facing harassment from neighbour by his illegal construction. I have a house in Delhi where my father is living alone. Two of my neighbours are harassing my father by doing illegal construction in the proximity of my house. Recently they dug the land along with the wall of my house for laying their water pipeline. They are also threatening my father because they have many contacts in local police. Please help.
My wife may file false case under section 498 A
Dear Sirs/Madam, I got married on 12/02/2015..from day one we have a compatibility issue. I tried to sort it but I got failed. She is adamant; she misbehaves with my family member whenever they come to my home. She did not cook food. Recently we quarrelled over the very petty issue of not boiling water. Then she consumed phenol.
I am into a government job. I am very scared. I cannot live with her under such circumstance because she may do the same thing again on a small day to day issue. The Police station also wants me to settle down. Now, what should I do? She also takes sleeping and antidepressant tablets.
I have only a few receipts of it. She was on medication of the same but her parents did not tell me. Now, what should I do? Please help. I also gave an application to the SP office regarding the said incident of phenyl consumption and threatening. Please suggest what I should do.
Trial of cheque bounce case
I like to file a check bounce case in fast track court. Is there any specific procedure for applying a case in fast track court? Will I get a quick judgement than the normal court? ( I have heard check bounce cases pending for 3 years in normal court). Is it possible to convert cases from normal court to fast track court?
Cheque bounce case
Within what time can I expect justice for a check bounce case? (either I have to get money or action against the person who issued the check). If he fails to pay, what would be the minimum and maximum legal action against that person?
What would be the approximate court expense and lawyer fee (pls mention yours) for undertaking the check bounce case? (In my case the check bounce amount is RS 50,000). Bouncing of a cheque invites criminal prosecution under section 138 of The Negotiable Instruments Act, 1881. Punishment for the offence under section 138 of the NI Act is imprisonment up to two years or fine which may extend to twice the cheque amount or both. The offence is bailable, compoundable and non-cognizable.
Cunning wife demanding money
I want to get your kind advise on what to do in the case of my cousin who is facing huge harassment from his wife. He is only 12 passes out, living in Amritsar along with parents and was working in CHINA and married to a girl who is DIPLOMA in nursing and jobless at the time of marriage.
It was an arranged marriage. After the marriage, the girl persuaded him to go to England at study visa. the father of boy borne the whole expenditure to send both of them to the U.K.
But only after 4 months, they both returned on the plea that weather there at the UK did not suit the girl. .the husband while staying a few months went to china. A baby girl was also borne then. When the baby was just 3 months old, the wife put pressure on husband and father in law, that she wants to do B.Sc nursing. Looking for her interest in studying the father in law got her admission in the city itself and college was just 10 km from home.
But soon after the admission, she insisted to study and stay in the hostel. Though unjustifiable, the in-laws bowed at her adamant attitude. Then She shifted her baby to Nani house in Bhatinda. Again the whole expenditure was borne by the in-laws family. After 2 years of study, she passed out and then insisted to do the job in LUDHIANA. i.e. a city where neither her in-laws lived nor her parents lived.
The husband was quite upset abroad decided to return to India. He along with father argued to return to Amritsar and do the job there if she wants to do. but she did not accept .her parents also argued but all in vain.
Despite repeated efforts when she refused to come back one day the husband, along with relatives in consultation with the parents of a girl used a mild force and anger brought the wife back. But this incident she reported to police that husband kidnapped her from the hospital hostel.
All of a sudden her parents also changed. now they are demanding a share from property to get rid of police harassment. Kindly advise what the husband does to save his parents. they already have spent 20 lacs on the wife. i.e. sending Uk and on higher education.
Fraud committed by public servant
Hello sir, my maternal grandmother has ancestral agricultural property in Alwar Rajasthan. She has the (integral )of this land on her name after the death of her mother but the registry is not done. The son of her sister take advantage of it and changed the intekal to his name by paying a bribe to the concerned tehsildar and patwari in the revenue department.
And then he gets the registry done of this land. After knowing it we filed a case against the tehsildar in revenue court as according to him it was a slip of the pen. can we file a criminal case against him under 420? If yes, what are other legal actions we can take against him? Thanks in advance.
Investigation in cruelty cases under section 498 A
Sir, I am a Govt servant in Police Dept in T.N. My wife has filed a false complainant against me and Police has registered a case u/s 498-A,342,327,406 IPC, Sec.3&4, 6(1),6 (2),6(3A) of DP Act 1961 IPC, Sec.3&4 DP Act 1961. In this case please advise me whether police Dept can initiate oral inquiry against me or not? And what are the rules regarding Investigation in cruelty cases under section 498 A?