Hi recently due to some personal reasons in frustration I threw stones at my uncles car window and break it in court premise who is a lawyer . he lodged fir and falsely implicated my brother and mother in it too.. they dint throw any stone... now charge sheet has been filled in court. now what I have to do??? what police or judge can do? for what kind of remedies I can pray in highcourt Or supremecourt??? I have deposited 30 lacs in cash in bank 4 months before after selling property in which one pucca building was standing.. since I was not aware of income tax rules?? now what I may have to suffer? and how can I overcome it? I want to save money and don't want to pay penalty or tax. nature of land was residential land in rural area.. what kind of excuses or lie can I present if I get notice.. I have invested money in bank FDs and share market I ve done one agreement for sale of land but the purchaser has constructed one septic tank outside his boundary wall excluding his right over land. now I have not executed sell deed. he is giving me belief that after few months he would demolish the same.. but for my security I want such things in written.. on what types of documents can I get such things as a written proof like in sale deed or agreement or affidavit... and what should be written..??? my uncle has captured one whole pucca building in which there are four flats build by my grandfather and also land is in name of grandfather ... and he is not vacating any flat... now I want to file a case against whole family members of my uncle since he does these things with me... what kind of cases can I file and where??? my uncle has cut down costly tress one and half year ago from ancestral land without taking permission from forest dept. can I file a fir now??
Filing of the charge sheet and the other incident are independent (clarify if I am wrong).
You may file a discharge application before the lower court itself ot you may approach the HC for quashing of the FIR.
Share the copy of the FIR for a concrete advise.
Regards
1) quashing is to be done only in exceptional circumstances
2) engage a lawyer and contest the case
3) burden of proof is upon prosecution to prove allegations beyond reasonable doubt
4) obtain in writing from purchaser that he would demolish septic tank . affidavit would suffice
5) file suit for partition for division of property by metes and bounds
6) seek injunction restraining uncle from selling flats in building
7) you can file FIR if uncle has cut down trees on land
8) the income tax department may slap a hefty 200% penalty on unexplained big cash deposits in banks
9) Any unexplained source of income can be charged with tax and a 200% penalty on it.
You must be booked for mischief. Request court to PO order.
Property how much old. Buy another property in 2 years to save tax.
Agreement on 50 rs stamp.
File partition suit.
No case.
1.In quashing of FIR, HC have an inherent powers. In your case, it depends upon evidences which has been filed in Trial Court.
2.Depositing such a huge amount is communicated to the income tax authority upon which a letter shall be sent to you to explain the source of funds.
3.Engage a senior advocate.
4.File a partition suit
Dear Sir,
- You can file injunction suite on property against uncle to restrain him from selling until matter is solved.
- To quash the FIR, you can approach the High Court with evidence in your favor, however it depends on valid submission only. Getting FIR quashed is tedious task hence approach good lawyer.
- W.r.t cutting trees, F.I.R can be lodged with police station with the jurisdiction area and simultaneously submit the complaint to state forest department along with FIR copy and enough proof along with.
- Rest of the information can be obtained by local lawyer providing him all the documents and details.
Regards
Vivek Arya
@ajay sethi sir uncle has cut down trees one n half years ago can I file fir now?? since I want to take revenge he has implicated my mother and brother too in false case... also I got money in cash from selling land in which a building was standing too.. I got 30 lakh in cash and in deed 50 lac was mentioned which I got in cheque and dd.. in this case will there be any penalty?? any excuse or lie which might save my money?? @ yogendra sir property was 28 years old also puca building was in it of 3000 soft. I got 30 lakh as black money which was deposited in bank at a time.. how can I escape it dept. . my mother and brother dint break uncle car window they too have been named in fir.. do I have to get regular bail from lower court too in this case??
If he charge sheet has been filed then you will have to obtain regular bail
Long term capital gain tax payable. This cannot be escaped, it`s a huge amount, must have already came in notice of dept. Have to show in return and to save LTCG tax, purchase another property in 2 years. Not full amount will use but profit - get indexation done.
Regular bail will grant , don`t worry. And shuffle with an advocate not advisable. Try to settle the case.
You can go for quashing in HC or discharge application before trial court for the said case. You need to invest the money received from the said property in another property or takes capital gain bonds to avoid taxes. Take the said thing in writing and Register the same. You need to file eviction suit against him
Delay in filing FIR has to be explained
2) penalty would be imposed as you have taken Rs 30 lakhs in cash and deposited in your account
1. You can go for quashing of the FIR before.the high court .
2.For cash it is in contravention to the income tax rules and penalty can be imposed you can plead that buyer gave amount in emergency.from known source and you deposited same in account no black money.involved. the joint commissioner can waive penalty.
3. You can take an affidavit or.can enter.into MOU with the person.
4 See civil case can be filed if you have share.in the property.
5. Yes you can file FIR and can intimate the department.
Yes there.can be penalty extending to amount of 30 lakhs that is amount.you received.
If not arrested you can take an Anticipatory bail.
If the FIR is registered you may obtain AB fro all of you and then face the trial in the proceedings.
2. If you are worried about the income tax, you may analyse the long term capital gains and avail the LGT capital gains tax exemption under section 54 of IT act, you may contact your auditor for that.
3. Even if he is giving in writing about the demolition of the same, after selling the property he may not appear before you at all or he may not do it which cannot be enforced by you as per law.
4. If you are having any rights in that property then you may file a partition suit seeking division of property by metes and bound and separate possession of your legitimate share in it.
5. You give a complaint against him in writing to the forest department, let them register FIR as per law.
To make the case more stronger and also to take revenge on all your family members he has given complaint against everyone at your home.
You can fight it out on merits ion the trial proceedings.
breaking of uncle car window comes under what kind of offences cognizable or non cognizable... which sections of IPC can be imposed on us?? actually I have problems in finding bailor can we seek any order from highcourt regarding bails without much bailors.. since uncle has given names of 3 of us in fir... and finding 6 bailors with three identifier is a difficult task.. can highcourt stay proceedings of lower court? which type of application needs to be filled for it?? also how much time approx it would take to get such reliefs from highcourt?? should I approach supremecourt to get remedy and mental peace fast.. since I am very much disturbed mentally
It may come under mischief IPC. You can pray for cash bail in lieu of surety.
You can file appeal in SC against HC order not approach SC directly
2) HC can stay proceedings of trial court
3) it may take some months to obtain relief from HC
See non cognizable offence section can be added in chargesheet for throwing stones on car further the high court can modify the orders . Though it will also give orders of bail with surenty only. 2 surety for each is not necessary court can keep one also. When a quashing petition is files high court can stay lower court proceedings. See time depend upon the court and merits .
1. Have you obtained anticipatory bail? If yes, then now apply for regular bail.
2. No remedies lie for you at High Court or Supreme Court at this stage. If chargesheet is filed then you have to face the trial. Supreme Court and High Courts do not even entertain a petition unless there is a cause of action. Your approach is flawed, seemingly.
Did your grandfather make a will? If he did not then flats have devolved through intestate succession on all his heirs including your grandfather. Your uncle has not committed a crime. You are free to file a suit for partition to cull out your share in the property of your grandfather.
The term is 'surety' not bailor. Be that as it may, if you are unable to find sureties then apply to the court to release you on cash bail under Section 445 CrPC.
You have broked car of advocate, higher court will take it more seriously, it's minor offence. Self bond is enough.
Generally, cognisable offence means a police officer has the authority to make an arrest without a warrant and to start an investigation with or without the permission of a court. ... Cognizable cases are more serious then the noncognizable cases.
Difference Between Cognizable and Non-Cognizable Offence. Offence implies an illegal act or a crime. ... On the other hand, the non-cognizable offence can be described as the offence in which the police cannot arrest any person without warrant and express permission of the court is also required for investigation.
This will come under cognizable offence
The high court while granting bail, may impose certain conditions regarding the sureties or solvency.
If the conditions are not complied with then the bail may be cancelled.
Dear Sir I got the certified copy of fir.. it has been registered under sections 426, 379, 504, 506, 34.. are these bailable Or non bailable offences? how harsh are they I talked to lawyers of highcourt they told me that I can't file anticipatory bail directly in highcourt pls comment on this If I go for regular bail in CJM court and if my bail will be rejected there will I be sent directly to jail from there?? I don't have six bailors as we three members of family have been named in fir? what's remedy for it?? can in anticipatory bail petition we can plead that for cash bail or personal bail bond or two bailors for three accused?? is warrant issued after case goes to court?? what powers police has after warrant?? when chargesheet will be filled? can police modify chargesheet if I give bribe??
Section 379 is non bailable offence
section 426 is bailable
Section 506 is bailable
4) you have to apply for Anticipatory bail before sessions court
5) if your regular bail is rejected by trial court you can appeal against said order
These are non-bailable offences.
You can file AB directly before high court also.
You need to have two sureties each for getting enlarged on bail.
Warrant will not be issued after you are enlarged on bail.
The charge sheet will be filed within 180 days.
1. See most of section are non- bailable here, the charges are serious in nature.
2. You can file anticipatory bail before sessions court in case it is rejected there you have to file same before session court, though it can be filed directly in high court though it is advisable to file in session court.
Further in your case I would suggest to surrender and apply for regular bail before CJM.
The court will put condition of surety that cannot be waived ask.your advocate he will arrange but he will charge for same.
The police can arrest if it's a arrest warrant.
Charge sheet is filed when investigation is over.
379 is non bailable. You can file ABA in sessions or HC . Yes you can pray that. If you don't attend then it is issued else no. Police can arrest you. It takes time to file chargesheet. Normal time is 90 days.