nanu
27 March 2022 at 11:51
REALLY GRATEFUL TO L/C FOR HELP IN THE PAST
BACKGROUND
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There had matrimonial dispute between my son and wife.
(A) Against all of us she had filed a FALSE & FRIVOLOUS domestic violence (d/v) case. There is evidence by way of mobile conversation, PCR Report etc she had filed against her parents, that she was held captive by her father against her wishes. There is also medical evidence that before marriage we were kept in dark about her mental ailment “Schizophrenia”.
(B) I had filed in High Court Crl.MC case u/s 482 CrPC in 2017 for quashing of the said d/v complaint and for taking action for concocting evidence. CORONA LOCKDOWN FROM MARCH 2021.
Crux of the matter: In the meantime, in mediation she had settled the matter with my son and the d/v complaint was withdrawn by her from M/M Court. The M/M had “DISPOSED OFF THE MATTER AS SETTLED”.
QUERY
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Now I want to withdraw the Crl.MC which was filed u/s 482 CrPC as otherwise it will amount to abuse of process of court as per Apex Court case laws.
HELP SOUGHT
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I AM A SENIOR CITIZEN OF 74 YEARS. NEXT DATE IS IN MAY 2022. QUERY IS WITH REGARD TO HOW CAN I FILE THE APPLICATION FOR WITHDRAWAL OF Crl.MC AND UNDER WHAT PROVISIONS. REALLY BE THANKFUL FOR VALUABLE GUIDANCE OF EXPERTS, PLEASE.
Anonymous
27 March 2022 at 11:13
My father transfer his property to my brother through gift deed.
After sudden death of my brother, his wife want to sale the property & send my father to out of his house.
Can my father go to court & cancel gift deed ?
abhimanyu
27 March 2022 at 08:00
My cousin filed income tax return on 25th December, 2021 but it WAS NOT verified. Later on, a few mistakes were realized in that return and on 30th December, a revised return was filed by him and WAS VERIFIED IMMEDIATELY after filing. Thereafter, many messages were received to verify the return but since REVISED RETURN was already verified, no action has been taken by my cousin.
As the return has not yet been cleared, the following queries arise
a) Whether my cousin has to verify his original returm only then his revise return will be considered or there is no need to verify the original return as revised return has been filed and verified also.
b) Whether a revised return can be filed only after original return has been verified.
Anonymous
26 March 2022 at 23:27
For educational purpose -
Trying to gather the ingredients for proving negligence of drivers in accident cases under sections. 338, 304A and 304II.
Few cases which I am aware of, chargesheet doesn't contain MVI report which actually tells whether the accident is caused by negligence or mechanical defect of the vehicle.
Wanted to understand, how the prosecution can prove the negligence in these cases if MVI is missing?
raju
26 March 2022 at 22:49
Witness was summoned. He did not appear and his advocate appeared through authority letter and produce record. As witness was essential and important can file revision or appeal to high court or district and sessions court. Please advise
Anonymous
26 March 2022 at 21:25
Dear experts,
I am planning to buy an agricultural land.
But it seems, the seller got it as inherited land and he does not have any link documents or registration papers for the land.
So the land does not have any registration papers, so I can not verify the encumbrance certificate.
But he has passbook and adangal entry on his name for the said property.
Is it safe to register this land?
Anonymous
26 March 2022 at 20:40
A person was hit by my car and suffered multiple fractures. IPC 338 was filed against me and currently the court case is still pending in court. I pleaded not guilty and requested for fair trial.
Now the injured and their family is not ready to settle the case (even though it was not my mistake and injured was walking in the middle of the road. Even took the injured to near by hospital and paid amount for first aid till their family comes).
Now the injured filed an MVOP case claiming huge amount from me and my insurer.
Now what should I do?
1. I have third party insurance coverage to my vehicle along with all valid documents.
2. If the court judgement is huge compensation, do I need to pay along with insurance company?
3. When the criminal case outcome is not yet decided, does the same trial happens in civil court.
4. If the outcome of criminal case is conviction, will I be sent to jail immediately.
Apologies for asking so many questions as I belong to middle class family and I am a high school teacher.
Shyam Manoharan
26 March 2022 at 09:03
If any of the learned lawyer or professional could provide the format in which I should put an application for commission to record the evidence in district consumer court, i will be very thankful. Kindly provide a sample format, if available.
Anonymous
25 March 2022 at 20:34
Sir,
I (father) have prayed for custody of my child ( 5 year old son), but opposite party is not appearing before court. She is living in adulterous life, her mother is complaining before police the she admitted that married again.
Will the court pass ex-party order ?
If ex-party order is passed, will police hand over my child to me ?
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Perjury filing procedure
Dear Experts,
My cases of divorce, maintenance and child custdoy running in the family court. I want to file perjury for the false statements made by my wife. ( Not going into the contents of the same as it will distract from my core question.) Normal procedure that I have seen is litigants file an application of perjury in the ongoing case. And then in several other applications and procedures perjury application is left unattended.
But can I file a separate case for perjury ? One of the expert has somewhere mentioned in LCI forum that there is a Bombay High Court judgement which says that separate case number can be there. If some one pls share that judgement or other similar judgement then it will be of great help.