This Act was made in the result of the recommendations of the jail committee the government of India decided to have a comprehensive legislation on probation law in India.
This Act also provide the special relief to the offender under 21 years of age.
In this Act under section 3 of this act any person who found guilty of committed an offence punishable under section 379(Punishment of Theft), 380(Theft in dwelling house),381(Theft by Clerk or servant of property in possession of master) or section 404(Dishonest misappropriation of property possessed by deceased person at the time of his death),420(cheating and dishonestly including delivery of property) of Indian Penal Code. The Act provides the freedom to Court to vary the conditions of bond when an offender is released on probation of good conduct and to extend the period of probation not to exceed three years from the date of original order.
There is also mentioned under the section 6 of this Act that any person who is under 21 years old get relief under this section where the person is not committing any petty offence and the term is IMPRIOSNMENT FOR LIFE is not used.
JUDGMENET ON 420,120B
THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH, JAIPUR
SB Criminal Revision
Petition No. 88/1999
Durga Prasad Jain versus
State of Rajasthan
HON’BLE MR. JUSTICE MN
Vide separate order on the
point of sentence, convict is benefit of Probation is granted to the convict
u/sec. 4 of Probation of Offender’s Act subject to his furnishing bond of good
behaviour and maintaining peace, for sum of Rs.30,000/ with one surety in the
like amount for the period of two years. No order as to fine. Further
Rs.1,10,000/(Rupees One lac ten thousand) as compensation is awarded in faovur
of the complainant which has to be paid within one month failing which he shall
under go simple imprisonment for 2 years and compensation shall be recovered as
revenue of State.
Convict is directed to appear
before Probation Officer at least once in every two months or as and when
directed. He is also directed to maintain peace and be of good behaviour during
probation period. Convict furnished personal bond, same are accepted. Copy of
judgment and order on the point of sentence be given to the convict free of
cost. File be consigned to record room after all necessary compliance.
This the best way to get your hard earned money stuck in Builder Projects Fast..
Under the recent Insolvency and Bankruptcy code the common Home buyers are also Financial Creditors under the new amend in the Insolvency and Bankruptcy code.
Even one homebuyer can drag an errant builder into the National Company Law Tribunal (NCLT)
The Recent Case of Granite Gate Properties…
The National Company Law Tribunal (NCLT) gave nod to start insolvency proceedings against NCR-based real estate firm Granite Gate Properties, after homebuyers complained about the firm’s inability to complete the project.
Admitting the plea of three homebuyers, a two-member bench headed by NCLT President Justice M M Kumar allowed the insolvency plea against Granite Gate Properties, which is developing housing project Lotus Panache in Noida.
The Objective is to Settle Fast…
What happened in Granite Gate is unfortunate. The whole object is to approach NCLT and settle the matter before the insolvency. Because builder cannot afford to go into insolvency due to one home buyer.
Section 340 Crpc deals with the procedure adopted by the court to punish those person who leads false evidence on material facts.
In matrimonial cases generally it has been observed that wife gives false evidence to prosecute the husband and in cases such as 498a it is observed that wife generally use every means to harass the victims of 498a i.e the husband side.
So here are some of the successful cases which were initiated by husband side to prosecute their wives for giving false evidence in the court.
In her testimony, recorded on 12.02.04, Veena testified that she was not working anywhere after her marriage. She was not working till that day anywhere from the date, when she was kicked out of her matrimonial home. She entered the witness box on 07.04.04 for her cross examination, wherein she testified that since after coming to her parental home, she was not doing any job. She was having one bank account in Cooperative Bank. She denied the suggestion that she worked with 4 Tirath Ram Charitable Hospital, Rajpur Road, Delhi. She further denied the suggestion that she was holding bank account No. 4277991 in Punjab National Bank. She was further crossexamined on 06.05.04, wherein she denied that she was earning sufficiently to maintain herself. When respondent was given an opportunity to rebut facts, he could bring it over the record that she worked with Tirath Ram Hospital from 01.06.01 till 10.06.02. It was further proved that she was maintaining a bank account at Punjab National Bank, wherein her salary from the said hospital was being encashed. When these facts came over record, respondent moved an application under section 340 of the Code before the Trial Court to get her prosecuted. Trial Court had not conducted an inquiry, as contemplated by section 340 of the Code, but recorded findings against the appellant, vide order dated 09.09.05 detailing therein that she committed an offence punishable under section 193 of the Penal Code.
At the conclusion of inquiry, the Court has to give finding after application of its mind that it is expedient in the interest of justice to file a complaint under section 195 of the Code and only thereafter complaint would be legal. Opinion or satisfaction contemplated under section 340 of the Code is objective and not subjective one and should be reflected in findings recorded or order passed by the Court. Section 340 of the Code specifically enjoins that Court “shall record findings to that effect”, which means that it is expedient in the interest of justice that inquiry should be made. Provision is not merely peremptory, but mandatory and it is a condition precedent for preferring a complaint before the Magistrate. The phrase that “it is expedient in the interest of justice that an enquiry should be made” is the keynote of the section to initiate an action. Law to this effect was laid in Arul Raj (1996 Cr.L.J. 2712) and Nimmayankula Audi Narayannya (AIR 1970 AP 119).
Quash 498a -Vague allegations in Fir The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.
Quashing false 498a is a technique and depends on following conditions
A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed.
If a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement
In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings.
(i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction;
ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged;
(iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings. A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence.
It is held in Vishalbhai Niranjanbhai Adatiya … vs State Of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern
Advocate Nitish banka 498a Quash Expert-:
Advocate Nitish Banka is a 498a Quashing expert
Call or watsapp @9891549997
How to Fight False 498a-A complete Guide
498a is filed by wife just to harass you.
False 498a cases are very common in the society and lot of steps has been taken by Hon’ble Apex court also to prevent its misuse. Quashing of false 498a is possible but first you need to know the reason for false 498a
These days false 498a cases gropes all the relatives father, mother sister who may be staying away from the matrimonial home still they become party to 498a.
Here are the reasons wife has filed false 498a cases on your family.
Your wife may be after your money wants to harass you and your family in false 498a cases. Because mental harassment can cause you settle at a very handsome amount.
2.You refused to give her divorce
If you have refused to give him/her divorce then you may definitely face proceedings under false 498a and 406 and now 377 IPC are common.
3. Pressure from her relatives
Matrimonial discords are common in marriages sometimes relatives make it a bigger issue. Negative relatives can lead to false 498a cases.
4. She has an affair
if wife having an affair somewhere else and you got to know then also wife can put these false cases for only reason called harassment so that you may not be able prosecute her for adultery.
What happens in false 498a cases
Police calls in false 498a cases
You receive a call from the police station and on the other line there is an Investigating officer is on the other side of the line.For one moment panic strikes you and you come to know that your wife has lodged a false 498a case against you and your family.
The Io asks you to visit police station so called CAW cell.
When you go and visit CAW cell harassment starts poring in the IO and other mediators starts pressurizing you to settle the matter. You gain strength and refuse to settle the matter and comes back to your home.
Then again you receive the call from the CAW cell to come and join then again then again….
Reasons for harrasment
These calls from CAW cell are against the law and just meant to harass you. Even if you join the mediation process and attend N number of dates present defence evidence to the IO. Still the CAW complaint gets converted into FIR and these calls fails to stop…
The reason for such calls is done with clear motive of harassment and put pressure to settle the issue with estranged wife and if you fail to settle then FIR is converted.
How to deal with police harassment.
As per the Delhi High Court Judgement they have prescribed certain guidelines which is envisaged under Section 41A of CrPC that a written notice with prescribed format has to be sent to the accused while summoning him to appear before IO. So if IO calls the accused i.e husband and relatives of the husband by making a mobile call that is impermissible as per law.
Anticipatory bail in 498a
Anticipatory bail in 498a is advisable and recommended
A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.
The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.
The trauma is whether they can be arrested or not.
It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.
The process of getting Anticipatory Bail in 498a
The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles
(i) Police officers should be mandatorily required to issue notices under Section 41A Cr.P.C (in the prescribed format) formally to be served in the manner and in accordance with the terms of the provisions contained in Chapter VI of the Code. Model…
In the Recent case of Saroj Devi V. State of Delhi NCT. Advocate Nitish Banka helped Sh. Birendra Prasad in quashing his case which his daughter in law has lodged.
Sh. Nitish Banka was able to secure favorable order from Hon’ble Supreme Court of India
Amendment in insolvency and bankruptcy code and home buyers entry to NCLT
The recent amendment in the IBC code has open the gates of NCLT for home buyers to approach NCLT.
The National company law tribunal or NCLT is the forum where now home buyers can seek a declaration to declare a builder company as insolvent or bankrupt and seeks to recover his money under the Insolvency and bankruptcy procedure.
Is it that easy?
it sounds simple but the provision of Insolvency and Bankruptcy code has a lot of legal technicalities.
It is not a cake walk. Even if the petition of the home buyer is accepted the builder company can go into morotoriam which can take a long time to decide a resolution plan and all the stakeholders will have a say especially banks which will have more say than a individual buyer.
Default has to be shown to the court
For availing benefit under the insolvency and bankruptcy code the buyer has to show default from the agreement. Mere delay in possession is not sufficient as it is a performance default.
The buyer has to show that as per the agreement the builder has failed to make a payment or the buyer has cancelled the booking and builder has defaulted the refund.
Settlement through NCLT
Even if you pressed for cancellation. Then according to builder buyer agreement the refunded amount comes with many deduction and if builder settles with you at NCLT the payment he will give you will be without interst. Though the settlement is fast.
Even if home buyer succeed
In most cases, home buyers will be treated as secured creditors.
It means they will be below the secured creditors like banks when it comes to recovery of dues.
Only in specific cases, a homeowner can claim to be a secured lender.
For example: Some developers promised buyers or investors that they would have the option to sell the house back at a specific value after certain years.
In such cases, the purchaser can be a secured lender. Being an unsecured lender comes with its drawbacks.
If a company goes into liquidation, secured lenders are first paid their dues, and unsecured lenders come next after them.
What will happen after you expose someone on #MeToo
The #MeToo movement has created a rage among various women especially from bollywood to expose offenders by naming them on various platforms and social media among the leading plat form.
The quick result after the expose of an offender on social media will result in filing of defamation cases against the #MeToo movement women celebrity
How they file defamation case when you make #MeToo comment
Defamation essentially means making a false or derogatory statement (oral, written or by visual representation) without any lawful justification by one person against another, by which the latter’s reputation stands to be compromised. It is covered under section 499 of the Indian Penal Code (IPC), 1860. Anyone who feels wrongly accused of something through words or gestures—spoken or written—can file a defamation suit in a court of law on the grounds that the accusation hampers his/her reputation. To constitute defamation, The statement must be derogatory when communicated to third part who is a reasonable man.
What are the different kinds of defamation?
There are two kinds of defamation: civil and criminal. One statement can give rise to both. There is no codified law dealing with civil defamation. It is based on tort law that relies on the body of case laws to define what constitutes a wrong. The defamed person can move a high court or subordinate court and seek monetary compensation. The penalty doesn’t extend to a jail term. Under criminal defamation, the person against whom a defamation case is brought can be prosecuted under section 500 of IPC, which may include a fine or jail term of up to two years or both. The case has to be proved beyond reasonable doubt.
What is the SC ruling on criminal defamation law?
In May 2016, the Supreme Court upheld the constitutional validity of the colonial-era criminal defamation laws and ruled they were not in conflict with the right to free speech.
How do defamation laws fit into the context of #MeToo?
Some of alleged accused of sexual harassment, rape and assault under the #MeToo movement are taking recourse to the defamation law. Their argument is the allegations have caused irreparable damage to their reputation. The accused in the defamation cases are relying on penal provisions under IPC and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)Act, 2013, that supersedes the Vishakha Guidelines on sexual harassment.
Which are some of the prominent cases?
In April 2016, Kerala chief minister (CM) Oommen Chandy brought a defamation case against CPI(M) veteran V.S. Achuthanandan. Criminal and civil defamation suits were filed by Union minister Arun Jaitley against Delhi CM Arvind Kejriwal and other AAP leaders over allegations of financial irregularities during his term as chief of Delhi and District Cricket Association. Industrialist Nusli Wadia filed a criminal defamation case against Tata Sons, Ratan Tata and the Tata group board of directors in 2016.
All legal services by highly qualified lawyer for SLP in Supreme Court of India with confidence and excellent results.
Services of lawyer for SLP in Supreme Court of India for filing and defending Special Leave Petition in civil laws and challenging the orders of High Court.
Services of lawyer for SLP in Supreme Court of India for filing and defending Special Leave Petition in criminal laws and challenging the orders of the High Court.
Services by lawyer for SLP in Supreme Court of India and all other matters before Supreme Court of India.
Highly qualified and trained lawyer for SLP in Supreme Court of India for on all Supreme Court matters.
BRIEF DESCRIPTION OF THE PROCESS OF FILING OF SPECIAL LEAVE PETITION IN SUPREME COURT OF INDIA
SLP under Article 132 of the Constitution of India:
Article 132 of the Constitution of India provides for an appeal to the Supreme Court of India from a judgment, decree or final order of a High Court, whether in civil, criminal or any other proceedings, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution of India. On the basis of such certificate the party can approach the Supreme Court of India and engage a lawyer for SLP in Supreme Court of India and file a SLP in the Supreme Court of India.
Appeals under Article 133 of the Constitution of India:
Article 133 of the Constitution of India provides for an appeal to the Supreme Court of India from a judgment, decree or final order of a High Court, from a civil proceedings of a High Court, if the High Court certifies that the case involves a substantial question of law of general importance and in its opinion the said question of law need to be decided by the Supreme Court of India. After the issuance of such a certificate, the party aggrieved by the order of the High Court can engage a lawyer for SLP in Supreme Court of India and file a SLP against the orders of the High Court.
Appeals under Article 132 of the Constitution of India:
Article 132 of the Constitution of India provides for an appeal to the Supreme Court of India from a judgment, final order or sentence in a criminal proceedings of a High Court if (a) it has on appeal reversed an order of acquittal of an accused person and sentenced him to death or (b) has withdrawn fro trail before itself, any case from any court subordinate to it and has in such trial convicted the accused and sentenced him to death or (c) it certifies that the case of a fit one for appeal to the Supreme Court of India. The party aggrieved by the order of the High Court can engage a lawyer for SLP in Supreme Court of India and file a SLP against the orders of the High Court.
Appeal by Special Leave Petition (SLP) under Article 136 of the Constitution of India:
provides that the Supreme Court of India in its discretion grant special leave to appeal from any judgment, decree, determination, sentence or order in any case of matter passed or made by any Court or tribunal in the territory of India except the Court of tribunal constituted by or under any law relating to armed forces. The party aggrieved by the order of the High Court can engage a lawyer for SLP in Supreme Court of India and file a SLP against the orders of the High Court.
FORMAT OF SPECIAL LEAVE PETITION (SLP) IN SUPREME COURT OF INDIA
F O R M – 28
IN THE SUPREME COURT OF INDIA
(Order XVI Rule 4(1) (a)
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION
(Under Article 136 of the Constitution of India)
S.L.P. (Civil) No. …………………………………………………of…………………….
POSITION OF PARTIES
(Description of the orders of the court from which the SLP arises)
Hon’ble the Chief Justice of India
and His Companion Judges of the Supreme Court of India.
The Special Leave Petition of the Petitioner most respectfully showeth :-
1. The petitioner/petitioners above named respectfully submits this petition seeking special leave to appeal against the judgment/order of (Here specify the Court/Tribunal against whose order the leave to appeal is sought for together with number of the case, date of the order and the nature of the order such as allowing or dismissing the matter or granting or refusing the interim order etc.)
2. QUESTION OF LAW:
The following questions of the law arise for consideration by this Hon’ble Court:
(here set out the questions of law arising for consideration precisely)
3. DECLARATION IN TERMS OF RULE 4(2)
The petitioner states that no other petition seeking leave to appeal has been filed by him against the impugned judgment and order.
4. DECLARATION IN TERMS OF RULE 6
The annexures produced alongwith the SLP are true copies of the pleadings/documents which formed part of the records of the case in the Court/Tribunal below against whose order the leave to appeal is sought for in this petition.
Leave to appeal is sought for on the following grounds.
(Here specify the grounds precisely and clearly)
6. GROUNDS FOR INTERIM RELIEF:
(here specify briefly the grounds on which interim relief is sought to)
7. MAIN PRAYER
(Here set out the main prayer)
8. INTERIM RELIEF
(Here set out the interim prayer)
Advocate for the petitioner
Settled by :
(Specify the name of the Advocate in case where the petition is settled by an Advocate)
Please mention the name of the lawyer for SLP in Supreme Court of India here.
Section 25 of the Code of Civil Procedure enables the Supreme Court to transfer any Case, appeal or other proceedings from High Court or other civil court in one State to a High Court or other civil court in any other State. This power can be and generally is exercised by the Supreme Court of India if the matter suffices the need for justice. Hence wide powers are given to the Supreme Court to order a transfer if it feels that the ends of justice so require.
Divorce Transfer Petition in Supreme Court in case of Husband..
Generally in supreme court divorce transfer petition in supreme court are filed. Is filed by wife when husband files the petition in matrimonial home and wife is residing at parental home at some other state
Rather as a matter of fact the Husband cannot be always made to suffer and there are judgments passed by the SC wherein he can counter the allegations made by the wife and protect himself from being further harassed. Defense of these could be described as follows:
If the wife claims to have a minor child then grandparents can be asked to look after the child and merely on this ground the petition should not be transferred (Anandita Das v. Sirjit Dey (2006))
If the wife claims a far distance then effort to prevent a transfer the husband can make an offer to bear IInd class AC tickets for the woman to travel and her stay expenses. This is normally considered by the court.
If the wife claims a threat to her life and she cannot commute strong proof is required to be shown and merely by stating fear to her life the court will not be inclined to transfer the same as held by Hon’ble Supreme Court in Priti Sharma v. Manjeet Sharma – (2005)– the court, in the case of a wife seeking transfer on the grounds of being unemployed and unable commute, categorically held “merely because petitioner is a lady does not mean she cannot travel” and the transfer petition was dismissed.
Men who have kids custody with them can rely onJaishree Banarjee v. Abhirup Banarjee (1997) 11 SCC 107 to get proceedings transferred in their favour.
Himani Virendra Bajaj vs Virendra Bajaj on 6 October, 2017
Transfer petition in supreme court favour of husband By Video confrencing
This petition has been filed by the petitioner-wife for transfer of Petition No.A3157/2016, titled as “Mr. Virendra Bajaj vs. Ms. Himani Virendra Bajaj”, pending in the Court of Ms. M.M. Thakare, Principal Judge, Family Court at Bandra, Mumbai, to the Court of Principal Judge, Family Court, District West, Tis Hazari Courts, Delhi. As jointly prayed for by learned counsel for the parties, the matter is referred to the Mediation Centre at Tis Hazari Courts, Delhi.
We direct the parties to appear before the said Mediation Centre on 06.11.2017 at 11 A.M. The Mediator would endeavour to explore the possibility of an amicable settlement between the parties. In case the mediation does not succeed, the trial shall be conducted and facilitated by the Principal Signature Not Verified Judge, Family Court at Bandra, Mumbai, through Video Digitally signed by SANJAY KUMAR Date: 2017.10.10 16:57:07 IST Reason:
We further direct that caution and care shall be taken by the Principal Judge, Family Court at Bandra, Mumbai, to ensure that the witnesses be examined in a place where there is no possibility of outside influence being exerted on them, in case a separate room for conducting video conferencing is not available. With the aforesaid directions, the transfer petition stands disposed of.
Needless to mention that in case, the facility of video conferencing is not available in the Principal Judge, Family Court at Bandra, Mumbai, the District Judge at Bandra, Mumbai, shall provide the facility of video conferencing at a suitable place at Mumbai.
Issue notice returnable in four weeks. In the meanwhile, there shall be a stay of further proceedings in criminal application No.500566/2017 titled “Shweta Vs. Karnav Shah” pending before the Court of Judicial Magistrate First Class, Indore Court at Madhya Pradesh and in MJC No.274/2018 titled “Shweta Vs. Karnav” Signature Not Verified pending before the Court of Additional First Principal Digitally signed by SANJAY KUMAR Date: 2018.08.29 17:22:55 IST Reason:
Judge, Indore Court at Madhya Pradesh. The petitioner – husband is directed to deposit Rs.25,000/- in the Registry of this Court within two weeks for litigation expenses of the respondent – wife.
Can you get refund with interest on the money invested in the builder project?
The delay in builder projects in many projects have sparked a debate on getting refund with interest on the money already invested in the builder projects.
In consumer forum one thing is to be proved is there was a delay in the implementation of the project.
Once you have proved that there is a delay in the project you can claim refund with interest on the money already invested in the builder projects.
Arguments on the side of builder
Builder resist such claims by saying that there is no agreement between the consumer and builder for getting interest on the amount to be refunded.
In absence of agreement the consumers are not entitled for any refund.
Hon’ble Supreme Court has in Alok Shanker Pandey Vs. Union of India &Ors., II (2007) CPJ 3 (SC) held that:-
“It may be mentioned that there is misconception about interest. Interest is not a penalty or punishment at all, but it is the normal accretion on capital. For example if A had to pay B a certain amount, say 10 years ago, but he offers that amount to him today, then he has pocketed the interest on the principal amount. Had A paid that amount to B 10 years ago, B would have invested that amount somewhere and earned interest thereon, but instead of that A has kept that amount with himself and earned interest on it for this period. Hence equity demands that A should not only pay back the principal amount but also the interest thereon to B.”
The same argument can be applied in the cases where one can seek possession of the property and claim interest on the amount already invested and the consumer was not able to enjoy the property.
Refund already claimed.
If the buyer has already claimed the refund amount.
Then also he can claim the interest on the refund amount even if he has not made any protest
So far as the question of protest by the complainants while receiving the amount is concerned, any protest on their part would have denied them the benefit of receiving the amount of refund and the prudence at that time demanded that they should first accept the refund and later claim for interest.
Same argument can go with the possession cases. Because at the time of taking possession also the possession can be denied on want of interest.
Therefore interest is your right and you claim interest on the money already invested even after money is refunded to you.