Legal Question in Criminal Law in India
maintainability
tender for arrack shops .there are conditions for paticipating in the auction. auction authority allowed A to paticipate the auction even though A has not fulfilled any conditions. this is against the excise rules of the state..to make it worse auctioning authority allowedA to use the hallticket of another person to enter the hall. there A gave a tender in his namealong witha draft . the draft was not a genuine one.A had managed to get one draft through his friend and he has scribbled in draft.it does not resemble the signature of any official. actually the intention of A and auctioningauthority was to increase the bid amount. unfotunately other bidders did not rise the amount.and A b ecame the highest bidder.auctioning authority has no other way but to send the draft for collection.naturally draft was returned. then authority filed criminal complaint against A sec420 120b 468 471 . variousjudgmnts show that non observace of rules make auction proceedings a complete nullity.if auction is invalid and a nullity how can the authority can complaint against A/? .
4 Answers from Attorneys
Re: maintainability
Well!!! that does not absolve A from the act he has committed. Hence A would be charged for the sections mentioned in your query.
Re: maintainability
Nullity of auction proceedings and commission of offence of cheating & forgery has no connection whatsoever.
Re: maintainability
You may not be in a position to 'advise' the authorities who are well equipped to take necessary action in accordance with law.
Re: maintainability
both are different proceedings.
Related Questions & Answers
-
For advise I was working in a forwarding company. they have filled case against... Asked 6/15/09, 11:02 pm in India Criminal Law
-
Defamation case against 498 case I got divorce from my wife against a flase 498 case... Asked 6/15/09, 3:47 pm in India Criminal Law
-
Defence there is a book which contains 10 blank forms. these forms can be converted... Asked 6/14/09, 9:34 am in India Criminal Law
-
Arrest by the I.O. after registration of FIR As per apex court judgement in Joginder... Asked 6/14/09, 4:36 am in India Criminal Law
-
Order by suprem court regards to 156(3) in the recent past suprem court has given a... Asked 6/14/09, 3:15 am in India Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
