A case of attempt to murder has been registered against my brother. An FIR has been registered against him and he has not been arrested as yet. Due to sufficient reasons, on the advice of our counsel my brother had moved the Honourable High Court of Punjab and Haryana at Chandigarh for quashing the FIR u/s 482 of Cr.P.C., but the quashing petition has been rejected. Can my brother file anticipatory bail petition in the matter.

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Your brother has every right to move an application for anticipatory bail till the time he is not arrested. The rejection of his petition u/s 482 of Cr.P.C., will have no effect on the merits of the petition for anticipatory bail because the parameters for grant of anticipatory bail are different than that of petition…

I had filed a complaint of cheque bouncing in the court of Judicial Magistrate 1st Class (JMIC) at Amritsar. The amount of cheque is ₹ 5 Lacs. I have been informed by my counsel that due to delay in filing the complaint, my case has been dismissed. What is the remedy now left out to me, please advice?

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If the complaint filed by your counsel indicated adequate and sufficient reasons for not being able to institute the complaint within the stipulated period, the impugned order of dismissal of complaint can be set aside. The reasons for delay in filing the complaint beyond the period stipulated in the Negotiable Instrument Act has to be…

I am running a criminal case with my brothers. The offences are non-compoundable. The dispute was of a civil nature as part consideration of my share of the property was not paid to me and then offence of cheating has been registered in the matter against the purchaser of the property. Can the criminal case be compromised although it is non-compoundable.

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Where dispute between the parties predominantly or overwhelmingly seems to be of a civil nature and dispute is a private one between two private parties, even though offences alleged are non-compoundable, offences can be compounded. The jurisdiction to compound the offences and quash the FIR lies within the powers of High Court of the concerned…

I am running a case of divorce proceedings and my wife has leveled frivolous allegations of illicit relations and love affairs with another woman what is the effect of such allegations in the divorce proceedings ?

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Allegations of illicit relations and love affairs of husband raised by the wife in her written statement and in  such case  if she fails to leave any evidence in support of her allegations to prove the same, it amounts will amount to ‘cruelty’  even when such a plea is not taken in the divorce petition,…

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FIR

Legal Articles14 Comments

LAW RELATING TO REGISTRATION OF AN FIR IN INDIA By : Vijay Kumar Kaushal, Advocate Punjab & Haryana High Court, Chandigarh     Criminal Procedure Code under Section 154  of Criminal Procedure Code (  in short Cr P C ) contains a provision relating to registration of an FIR. It says, every information relating to…

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Recovery of arrears of Income-tax, Excess Profit Tax, Business Profit Tax

CODE OF CIVIL PROCEDURE, INCOME TAX ACT, Legal Articles, RECOVERY SUITS14 Comments

AIR 1987 SUPREME COURT 371 SUPREME COURT (From : Gujarat)* O. CHINNAPPA REDDY , J. and  G. L. OZA, J. Civil Appeal No. 447 (N) of 1973,  D/-21-11-1986 Kalyan Mills Ltd Appellant v. Union of India and others Respondents. Income-Tax Act (11 of 1922), S.46(2),  S.46(5A)– Recovery of arrears of Income-tax, Excess Profit Tax, Business Profit Tax- Suit for, by…