DEFAMATION - NEWS PAPER

SEC.500 OF IPC -PRESUMPTION UNDER SEC.7 OF PRESS ACT CANNOT BE APPLIED AS AGAINST SUCH PERSONS WHO ARE DESCRIBED AS CHIEF EDITOR OR MANAGING EDITOR -PRIVATE COMPLAINT IS NOT MAINTAINABLE AS DISTRICT EDITIONS HAVE EMERGED HAVING LOCAL EDITORS ON THE DISTRICT TABLES - HENCE COMPLAINT IS LIABLE TO BE QUASHED- 2010 [1] ALD CRIMINAL AP 706.

DEATH OF COMPLAINANT - EFFECTS

WHEN A WIFE FILED A PRIVATE COMPLAINT AND AFTER SOME TIME ,BEFORE THE TRIAL, IF SHE DIED, THE COMPLAINT IS STILL MAINTAINABLE AND BASING ON THE OTHER CORROBORATED EVIDENCE CONVICTION CAN BE GIVEN. IT IS NOT A HEARSY BECAUSE OF THE EVIDENCE OF MEDICAL REPORTS-2010 [1] ALD CRIMINAL AP 403

498-A I.P.C. AND 304 B IPC AND 12[1] PASSPORT ACT

WHEN FIR IS NOT DISCLOSING NO DETAILS OF OFFENCE AND WHEN THE DECEASED AND ACCUSED ARE LIVING SEPARATELY FOR THE PAST ONE AND HALF YEAR SEPARATELY, EVEN THOUGH DEATH OCCURRED WITHIN 7 YEARS OF MARRIAGE, IT CANNOT BE ASSUMED AS DOWRY DEATH AS THE MEDICAL RE PORT SAYING THE DEATH IS NATURAL, AND FIR ALSO NOT DISCLOSING ANY THING AGAINST THE ACCUSED. SUPPRESSION MARITAL STATUS AND FALSE EDUCATIONAL QUALIFICATIONS GIVEN BY ACCUSED WHILE ISSUING A PASSPORT IS NOT AN OFFENCE UNDER SEC.12[1] OF PASSPORT ACT. IN TOTO ACQUITTAL IS JUST 154. Information in cognizable cases.

(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informants and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.

(3) Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer Subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

Section 304B. Dowery death 1[304B. Dowery death. (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death" and such husband or relative shall be deemed to have caused her death. Explanation:-For the purpose of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 ( 28 of 1961). (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.] PASS PORT ACT

12. Offences and penalties. (1) Whoever–

(a) contravenes the provisions of section 3; or

(b) knowingly furnishes any false information or suppresses any material information with a view to obtaining a passport or travel document under this Act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document; or

(c) fails to produce for inspection his passport or travel document (whether issued under this Act or not) when called upon to do so by the prescribed authority; or

(d) knowingly uses a passport or travel document issued to another person; or

(e) knowingly allows another person to use a passport or travel document issued to him,
———————————————————————
1. Subs. by Act 35 of 1993, s. 5 (w.e.f. 1-7-1993)

34.shall be punishable with imprisonment for a term which may extend to
1*[two years or with fine which may extend to five thousand rupees]
or with both.

1*[(1A) Whoever, not being a citizen of India,-

(a) makes an application for a passport or obtains a passport by suppressing information about his nationality, or

(b) holds a forged passport or any travel document,

shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees.]

(2) Whoever abets any offence punishable under 1*[Sub-section (1)
or sub-section (1A)] shall, if the act abetted is committed in consequence of the abetment, be punishable with the punishment provided in that sub-section for that offence.

(3) Whoever contravenes any condition of a passport or travel document or any provision of this Act or any rule made thereunder for which no punishment is provided elsewhere in this Act shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

(4) Whoever, having been convicted of an offence under this Act, is again convicted of an offence under this Act shall be punishable with double the penalty provided for the latter offence.

2010 [1] ALD CRI. 953.

PROMISSORY NOTES -PROBLEMS- 5

LIMITATION PROBLEMS :- ARTICLE 35 - FOR RECOVERY OF PRONOTE AMOUNT IS 3 YEARS, UNLESS ANY PART PAYMENT WAS MADE AND ENDORSED ON THE REVERSE OF THE PRONOTE OR GAVE AN UNDERTAKING IN A SEPARATE SLIP WITH IN 3 YEARS, UNDER SEC.18 OF INDIAN LIMITATION ACT. OR EXECUTED FRESH PRONOTE OR AN UNDERTAKING UNCONDITIONALLY PROMISED TO REPAY THE TIME BARRED DEBT AS PER SEC. 25[3] OF INDIAN CONTRACT, THE LIMITATION WILL NOT BE EXTENDED. EXCEPT WHEN THE LAST DAY IS HAPPEN TO BE PUBLIC HOLIDAY, A SUIT CAN BE FILED ON THE NEXT DAY. ON THE LAST DAY WITHIN 24 HOURS, THE SUIT CAN BE PRESENTED FOR RECOVER Y.

18. Effect of acknowledgment in writing - (1) Where before the expiration of the prescribed period for a suit or application in respect or any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derived his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed. (2) Where the writing containing thee acknowledgement is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act,1872 ( 1 of 1872), oral evidence of its contents shall not be received. Explanation - For the purposes of this section, - (a) An acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come or is accompanied by refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to set-off, or is addressed to a person other than a person entitled to the property or night; (b) The word "signed" means signed either personally or by an agent duly Authorised in this behalf ; and (c) An application for the execution of a decree or order shall not be deemed to be an application in respect of any property or right. NOTES - It is not necessary that an acknowledgment within Section 18 must contain a promise pay or should amount to a promise to pay. (Subbarsadya v.Narashimha, AIR 1936 Mad.939) The above section corresponds to S.19 of the old Act and makes slight changes. 35. On a bill of exchange or promissory note payable on demand and not accompanied by any writing restraining or postponing the right to sue. Three years The date of the bill or note.

PROMISSORY NOTES -PROBLEMS- 4

1. PECULAR PROBLEMS :- INSUFFICIENTLY STAMPED PRONOTE; PRONOTE WITH INCOMPLETE COLUMNS; PRONOTE SECRIBED BY PLAINTIFF HIMSELF OR SOME COLUMNS FILLED BY PLAINTIFF HIMSELF; STAMP NOT PROPERLY CANCELLED; ENDORSEMENT OF PARTPAYMENTS WITH OUT SIGNATURE OR TUMBING OF DEBTOR; LACK OF ATTESTATORS AND SCRIBER ; SELF SCRIBED OR BY THIRD PARTY BUT WITHOUT MENTIONING THE NAME AND SIGNATURE WHO SCRIBED THE PRONOTE;PARTPAYMENTS MADE BY THIRD PERSONS; 2. Sec. 20 of NEGOTIABLE INSTRUMENTS ACT SAYS THAT WHEN A STAMPED PAPER OF PRONOTE GIVEN WITHOUT FILLING UP COLUMS OR A WHITE PAPER WITH DULY STAMPED AND SIGNED WITH WHOLLY BLANK OR PARTLY FILLED, WAS GIVEN TO THE PLAINTIFF, THEN IT IS DEEMED THAT THE DEFENDANT AUTHORISED THE PLAINTIFF TO FILL THE COLUMN AND PLACE THE AMOUNT UP TO THE LIMIT OF STAMP VALUE; HENCE BY FILLING UP THE COLUMNS WITH REAL FACTS, THE PLAINTIFF CAN FILE A SUIT FOR RECOVERY OF THE AMOUNT INDEBTED BY THE DEFENDANT TO HIM; 3. SEC. 28,29 AND 35 OF NEGOTIABLE INSTRUMENTS ACT :- SAYS THAT IF AN AGENT SIGNS IN THE CAPACITY OF AGENT FOR HIS PRICIPAL ON THE PRONOTE OR MADE AN ENDORSEMENT ON IT . HIS PRICIPAL IS LIABLE ELSE HE ALONE IS LIABLE. LIKE WISE WHEN A LEGAL REPRESENTATIVE ENDORSED HIS SIGNATURE ON BEHALF OF DECEASED DEBTOR, HE HIMSELF LIABLE FOR TOTAL AMOUNT, IF NOT PLACED ANY CONDITIONS, ELSE, HIS SHARE IS ONLY LIABLE OUT OF ASSESTS OF DECEASED HE RECEIVED;4. AS PER ARTICLE 49 OF SCHEDULE -I OF INDIAN STAMP ACT - [a] when payable on demand - [i] when the amount or value does not exceed Rs. 250/- = TEN PAISE ; [ii] when the amount or value exceeds Rs.250/- but does not exceed Rs. 1000/- = FIFTEEN PAISE; [iii] in any other case = TWENTY PAISE; [b] when payable other Wise than on demand = the same duty as a Bill of exchange [No. 13] for the same amount payable otherwise than on demand AS PER AMENDMENT DATED 1-3-2004.

28. Liability of agent signing.-An agent who sign his name to a promissory note, bill of exchange or cheque without indicating thereon that he signs as agent, or that he does not intend thereby to incur personal responsibility, is liable personally on the instrument, except to those who induced him to sign upon the belief that the principal only would be held liable.

29. Liability of legal representative signing.-A legal representative of a deceased person who sign his name to a promissory note, bill of exchange or cheque is liable personally thereon unless he expressly limits his liability to the extent of the assets received by him as such. 35. Liability of endorser. In the absence of a contract to the contrary, whoever indorses and delivers a negotiable instrument before maturity, without in such endorsement, expressly excluding or making conditional his own liability, is bound thereby to every subsequent holder, in case of dishonour by the drawee, acceptor or maker, to compensate such holder for any loss or damage caused to him by such dishonor, provided due notice of dishonour has been given to, or received by, such endorser as hereinafter provided. Every endorser after dishonour is liable as upon an instrument payable on demand.