All Questions

A 50year old man tooked a video of my sister while taking bath and she was clearly exposed in that video i have searched the video for the guy who tooked it and while saving the evidence i fot into a fight with the guy to save the evidence to save my sister dignity because i was having a fear that it will get viral. And while saving it i got into a fight i filed an fir because i have the clear evidence where the guy face is even there in the video but now the guy has hired an lawyer and filled an fir against me for attempt to murder. It was onvious to save the video i have to get into the fight but now the police is not helping my sister no action has been taken again that guy he is acting by getting admited to the hospital that i have bet him a alot and they are making me come in a position to take the fir back and they will also take the fir back which they have filled on me.Please help me how can i get justice for my sister

Mms 

...

Bharatiya Nyaya Sanhita, 2023 - Section 77: Voyeurism.

Whoever watches or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed, either by the perpetrator or by any other person at the behest of the perpetrator, or disseminates such an image, shall be punished on the first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to a fine. On a second or subsequent conviction, the punishment shall be imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to a fine.

02/12/2024 07:57 AM

A start up raised 100 crore from 98 investors, including myself, in Jan 2024. Founders promised an IPO by April 2024 & assured 4x returns, issuing post-dated chqs for that amount. The IPO didn’t happen. I got post-dated chqs for Jan 2025. Some investors who were given cheques for Sept 2024 faced issues when the company issued a stop payment on those chqs to avoid the risk of them bouncing.. The founders have asked us to refrain from legal action until the end of 2024, as they are trying to secure another round of funding.

• Is there anything I can do now to protect my interests while waiting?
• What are my legal options if I choose to take action immediately?

Unable to recover funds given to a start up for investment 

...

1. Securities Law Violations

Securities and Exchange Board of India (SEBI) Regulations:
If the company made false or misleading representations (e.g., assured returns or promised IPO), this could violate SEBI regulations. SEBI strictly prohibits guarantees of returns in investment offerings.
Since there are 98 investors, it may qualify as a "collective investment scheme" (CIS), which requires prior SEBI approval. Operating a CIS without registration is illegal under the SEBI Act, 1992.


2. Breach of Contract
The issuance of post-dated cheques (PDCs) promising returns on investment may constitute a contractual obligation. Failing to honor these obligations or unilaterally altering terms (e.g., changing cheque dates) could be a breach of contract under the Indian Contract Act, 1872.


3. Cheque Dishonor and Stop Payment

Negotiable Instruments Act, 1881:
Stopping payment on post-dated cheques or dishonoring them may amount to an offense under Section 138, which deals with cheque bounce cases.
For a valid case:
The cheque must have been presented within its validity period.
A demand notice must be issued to the company within 30 days of receiving notice of dishonor.
The company has 15 days to pay after the notice; failing that, you can initiate legal proceedings.


4. Criminal Breach of Trust and Fraud

Indian Penal Code, 1860:
Section 406 (Criminal Breach of Trust): If the founders misused funds raised from investors for purposes other than those stated, they could face criminal liability.
Section 420 (Cheating and Dishonest Inducement): Promising assured returns or an IPO without realistic backing may constitute fraud.


5. Collective Action

Investors may consider acting together by forming an Investor Protection Group to:
Strengthen their legal position.
Negotiate collectively with the founders.
File a joint complaint with SEBI, police, or in court.

6. Civil Remedies

File a civil suit for recovery of your investment under Order 37 of the Civil Procedure Code (CPC), 1908, which allows for summary proceedings in cases involving financial instruments like cheques.

7. Interim Measures

You may approach the court for interim relief (e.g., injunctions) to prevent the founders from alienating company assets pending resolution.
Send a Legal Notice: Notify the founders of your intent to take legal action if commitments are not honored.
File a Complaint with SEBI: Highlight potential securities law violations.
Initiate Criminal or Civil Proceedings: Depending on the situation's urgency and evidence.

02/12/2024 08:04 AM