Shiv Gawale
13 August 2018 at 21:43
Sir,
Me & my wife stay separately from last 7 years. In between she had filed dowry case (498A) in May 2016. Till date I have not received any type of samans, my lawyer told me about this case but my lawyer got information not on time. In between court decide a judgment against me & my family members on the basis of several reminders from court but no response from our side so, court order to arrest me and my family members. Actually I have not received samans or any type information regarding this case it may be intestinally hide by my wife & her lawyer.
As per my lawyer said me regarding this case I have filed reconsideration appeal (397) with reference to Supreme Court appeal no. 1265/2017 Rajendra Sharma vs Utter pardesh regarding guideline and misuse of 498A. But honorable court refuse my appeal, reason is no such type of guideline received as on date and reference case of Chandra dev vs prakash chadra \ghosh A.I.R. 1963 S.C. 1430 and Nageshwar Tiwari A.I.R. 2010 S.C. 2261 honorable high court matter is “where there was prima facie evidence. The Magistrate was bound to issue process and even though the person charged of an offence in the complaint might have a defense, the matter has to be left to be decided by an appropriate forum at an appropriate stage. It was further held that the issue of process can be refused only when the Magistrate finds that the evidence led by the complainant is self contradictory or intrinsically untrustworthy”.
My query is Can without any evidence filed 498A and what is the procedure of close down this case?
On my knowledge any type of order by Honorable Supreme Court to follow all the court for the date of judgment or order so, why family court not follows the guideline of Honorable Supreme Court in this case?
What is the revision procedure filed in session court?
Also guide me on what basis I have go to high court?
Anonymous
13 August 2018 at 18:37
Me and my siblings booked under false private complaint of 307,498a and 3&4 of DPA by my exwife. she took ex-parte divorce on same complaint. My siblings got quash in highcourt. In most of the false allegations made in the complaint me and my siblings are jointly involved. now i am pursuing for quash in Highcourt. i am arguing on my own as party-in- person as i have no money and job.The Investigation officer filed chargesheet just appending 161 statements repeating same allegations of the complaint word to word. Further IO not mentioned about crime, just esacaped by appending 161 statements and saying there is prima facie. The another thing is charge sheet is filed after more than a year after complaint. Though first Investigation officer completed investigation of 10 witnesses long back he has not filed charge sheet. later he got transfer and second IO filed charge sheet without mentioning his comments but just saying prima facie hence charge. So the elited advocates please guide to to argue this case-
(1) most of the 161statments are hearsay
(2) Even witnesses condemned that we made attempt to murder(s307)
(3) No scene of offence happened, but to implicate me and my siblings she filed false private case in another town other than her native place with political influence and bribing police
So please guide me to argue to get quash in High court
Puneeta
13 August 2018 at 18:17
My mother ( main applicant) and father( co applicant) had jointly booked a flat in Greater Noida( Uttar Pradesh) whose possession has been offered by the builder in Jan'18. My mother expired in Mar'18. Post which I can either get her share in the flat transferred either to my father or to me and my brother.
Want help in understanding the following aspects:-
a) Is stamp duty payable on transfer of immoveable property in Noida Uttar Pradesh on account of succession? Is a will necessary for this? Are there any expenses involved in this transaction?
b) In case we decide to get the flat transferred in my father's name can we deal with the flat( sale/ let out) through a power of attorney executed in our favour? For how long is this power of attorney valid?
Anonymous
13 August 2018 at 17:12
Hi,
I am tenant leaving from last 32 years in mumbai. Now our owner force us to vacate the room else asking for rent by 4x of current rent amount because of current redevelopment project.We regularly provide rent on time.He doesn't provide us rent receipt from last 8 years even if we asked him for rent receipt.We have made agreement only at the start.(In 1982)
In 2002, Our chawl fall down ( i was leaving on first floor) because of heavy rain, after we tenant redevelop our chawl by giving my contribution as Rs.65000 (In 2002) to the developer.
Now he daily misbehave with us to vacate the room.
Can i claim for property value because we redevlop chawl from our own contribution?
Anonymous
13 August 2018 at 17:08
Hello
Greetings Sir/Ma'am!!
My question is I got my caste certificate from Bihar Bhawan New Delhi in seal stamp it is mention JOINT LABOUR COMMISSIONER , GOVT OF BIHAR , BIHAR BHAWAN ,NEW DELHI. so can you tell that my caste certificate is valid for all central govt job.
List of authorities empowered to issue Caste / Tribe Certificates:
1. District Magistrate / Additional District Magistrate / Collector / Deputy Commissioner / Additional Deputy
Commissioner / Deputy Collector/I Class Stipendiary Magistrate / Sub-Divisional Magistrate / Extra-Asst.
Commissioner / Taluka Magistrate / Executive Magistrate.
2. Chief Presidency Magistrate/ Additional Chief Presidency Magistrate / presidency Magistrate.
3. Revenue Officer not below the rank of Tehsildar.
4. Sub-Divisional Officers of the area where the candidate and / or his family normally resides.
5. Administrator/Secretary to Administrator/Development Officer Lakshadweep.
The seal stamp which is in my caste certificate i.e JOINT LABOUR COMMISSIONER comes under above category.
Waiting for your reply.
Thanks!!
Vivek Kumar
13 August 2018 at 16:38
Sir I did a registered mortgage by conditional sale to a person in 2006.according to deed if mortgagor donot pay the loan in specified duration (4 years) the deed convert in absolute sale and I(mortgagee) will be the owner of property and get possession of property. the person (mortgagor) didn't pay the debt amount after and before the specific time duration 11/10/2010.after date I request him many times to give money and return his lone.but he refused all time.in 2012 April i need to money urgent so I sale to mortgage property to a person (A) by registered sale deed.person A get possession and mutation in his name in govt record. person A paying property tax since 2012 to till now.now the son of mortgagor come to me and said I will give your amount and return my land otherwise I will go to court and case against you.sir I want to know do I did any wrong thing to sale my land(because I was the owner at selling time' of land according to deed of mortgage by conditional sale section 58 c transfer of property act1882). Can court rejecte sale deed who I sold to person A.Can I or buyer A can face any problem, please replay
Anonymous
13 August 2018 at 15:26
I would like to make a legal heir certificate for my mom to claim income tax refund which is deducted on my dad's PAN who is no longer with us.
As I understand the Tahsildar's office at old customs house is giving the certificate only to govt employees. My parents worked for SBI.
Please help me as to which Government office i am supposed to connect who will issue the certificate.
Dharmesh
13 August 2018 at 13:52
Hi ..My case is going in Vadodara since 2015 for 498a and DV.
Can i apply for Quashing of 498a and DV .
Thanks
Dharmesh
Anonymous
13 August 2018 at 13:08
Dear Experts,
I am a student of LLB ( Sem-1 ) and college announced Moot Court Competition then please help me in make arguments on behalf of Applicants ( Doctors ) facts case which is as under...
Moot Problem:
IN THE HIGH COURT OF XXXXXX AT XXXXXXX
DISTRICT: XXXXXXX
CRIMINAL APPEAL NO. XYZ OF 2013
1. Dr. Vyomesh Mishra
2. Dr. Kuldeep Singh Appellants
(On. Accused Nos. I & 2)
Vs.
1. Mahesh Pate!
2. State of Gujarat Respondents.
(Resp. No.1 Original Complainant)
Appeal u/s. 374 of the Code of Criminal Procedure against the judgment and order of the Sessions Court passed in Criminal Case No. ABC of 2009 passed on November 10, 2013.
Facts of the Case:
Mr. Mahesh Pate!, original complainant is a government servant having upper middle class background. He was having wife Madhvi, the only son Keval in his small family. His son was studying in the standard-7-at a reputed English Medium School of xxxxx: Keval was considered to be one of the brilliant students of the class and was also a captain at the school football team.
In May 2009, after having returned from the practice of football from the school in vacation Keval began throwing fits and losing consciousness at sudden intervals. Mahesh Patel, immediately consulted Dr. Kuldeep Singh, a reputed neuro-physician at the Longlife Charitable Trust Hospital. The aforesaid hospital is started by xxxxxx Doctors' Welfare Association having sole motto to provide the best treatment to the patients at the reasonable charges. It has its reputation in the entire city for providing the best treatment.
During examination, Dr. Kupdeep Singh diagnosed that Kevel was suffering from epilepsy. Dr. Kuldeep Singh prescribed treatment involving the administration of two wel-known drugs for epilepsy - Zentor and Gardiol - over a course of 8 months. Keval was also advised to discontinue school for a period of 2-3 months during his treatment. But he was keen to attend the classes at his school. Due to continuous insistence of his son, Mr. Mahesh Patel allowed him to go to the school for attending classes. The medicine prescribed to Keval did not serve its object and hence Dr. Kuldeep Singh increased the dosage and frequency of his prescribed drugs. However, the condition if Keval worsened and the frequency of convulsions grew rapid. As a resultant effect, Keval was constrained to proceed on leave from the school from 16th August 2009.
On August 19, 2009, at about 10.30 pm when Keval had his evening dosage of prescribed drug Gardiol, he developed severe convulsions. He lost his consciousness and collapsed on the bed. Mahesh Patel called Dr. Kuldeep Singh at his residence. Dr. Singh expressed his inability to come, but advised to admit Keval to the Longlife Charitable Hospital. By Thllowing the advise of Dr. Singh, Keval was immediately admitted at the Longlife Charitable Hospital by his parents.
At the night of 19th August 2009, Dr. Vyornesh Mishra, a young doctor pursuing his internship at the hospital was on duty. He examined the patient Keval and directed him to be taken to the ICU. Looking to the critical conditions of the patient, the hospital authorities agreed to provide treatment upon signing a consent form stating that the Hospital shall not be responsible in whole or part for any further future consequences if at all developed to the patient Keval during his treatment at the hospital. Desperate to save his son Keval, Mr. Mahesh Patel was constrained to sign the aforesaid consent form of the Hospital.
Before the complainant Mahesh Patel could appraise Dr. Vyomesh Mishra about the previous case history of Keval and the treatment provided to him, Dr. Vyomesh Mishra administered a sedative called Epitaphenol, a sedative given in case of severe epileptic attack After the application of aforesaid medicine, Mahesh Patel saw his son finding difficult to breath and was gasping for breath. Soon he lost his consciousness. Mahesh Patel desperately called Dr. Mishra to examine his son. Dr. Mishra explained him that it was not unconsciousness, but sleep due to sedative medicine. Being dissatisfied with the explanation Mahesh Patel called Dr. Kuldeep Singh at his residence again at 3.30 am on 20th August 2009 and requested him to come to the hospital to examine his son. But Dr. Kuldeep Singh refused and showed his inability.
At 6.00 am on 20th August 2009, Keval expired in the Hospital. The autopsy revealed myocardial infarction as the cause of death. This was a resultant effect of adverse reaction of Epitaphenol drug w4th Gardial, which was prescribed by Dr. Kuldeep Singh.
On 23" August 2009, Mr. Mahesh Patel lodged an FIR in Crime Register No.IIIXXX/2009 at xxxxxxxx againstboth the peseni appellants 'to having: committed offences punishable under Sections 302, 304 and 304-A of the Indian Penal Code. The charge-sheet was filed after investigation by the Officer in charge at xxxxxx Police Station and the magistrate committed the case to the Sessions Court for trial after framing the charges u/s. 302, 304 and 304-A of the Indian Penal Code.
The learned Sessions Judge by his judgment and order found both the accused persons guilty for having committed offences punishable under section 304 part II of the Indian Penal Code and punished them with rigorous imprisonment for 10 years and fine of Rs. 2 lacs each. Being aggrieved by the judgment and order, the accused persons have preferred appeal under section 374 of the Code of Criminal Procedure before the High Court of Gujarat The appeal is admitted.
Simultaneously, Mr. Mahesh Patel, being father of deceased preferred appeal u/s. 372 of.the Code of Criminal Procedure bearing Criminal Appeal No. PQR/ 2007 before the High Court of Gujarat seeking compensation from the above accused persons who are responsible for the unnatural death of his son. The above appeal is also admitted and Hon'ble High Court passed an order to hear both the above appeals together at the final hearing.
Now-both the appeals have come up for the final hearing.
Member Strength 9,48,967 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Register marriage
I am a widower and I would like to marry divorcee.We have proper document but both family not accept our decision. So we would like to do our marriage in temple and Register our marriage. Unfortunately no temple was accept to do marriage inside temple. I have approach some agent. They were asked more money. So please help me.