Lawyersclubindia...........................................
Dear Sirs,
First, we wish to thank this eminent forum for giving good guidance to the general public.
My husband was falsely implicated U/s 354 (c), 354 (d), 506 & 509 by our neighbor who made illegal constructions.
We won the civil suit and aggrieved over this he filed the false FIR using his clout with the local police.
We went to the High Court for quashing but the Court advised us to present our case in the trial court at the time of framing of charges.
The trail went on for five years. The charges were termed as "prima facie no case is made out against the accused in all these sections" and my husband was formally discharged at the time framing of the charge.
We are sure the neighbor will appeal against the judgement of the Trail court. Kindly advise us on the following questions:
.1. What is the limitation period to appeal against the Judgement of the Trail court on the above sections if our neighbor makes an appeal?
2. Which court they will file the appeal - Sessions or High Court?
3. The Judgement was delivered on 10th March 2020 - few days before the lock down period.
Whether the lockdown period will be counted in the limitation period or will be excluded?
4. Whether anything needs to be done by us to prevent the appeal in the higher court?
5. Can we file a case against them for lodging false FIR and made false Statements given to the IO u/s 161and also file defamation suit?
Kindly advise please.
with namaskar,
Mrs.Tripathy
Now, we wish to know what
I am from the state of Telangana. My father was trapped by ACB in a demand of bribe case in the year 2003. We filed an appeal in the high court of Telangana in the year 2010. The question is can we appoint a supreme court advocate to argue my father’s case in the high court of Telangana instead of an advocate who is practising in the Telangana high court.
If an individual wants to lodge a complaint, under the Prevention of Corruption Act, 1988, against a public servant and such individual is an illiterate, whether the ACB has a facility to write the complaint, what the complainant dictates, on behalf of such individual?
Dear Sir, one of my known person is charged under above mention section,the full story of incident is that:
The Accused have some domestic violence with his family member and spouse regarding some personal issues then the violence become uncontrollable so the wife of accused called police just to handle the situation 4 police man come in jeep and try to control the situation by applying physical pressure meanwhile the accused push one of the police man and run away then that police man charged the accused under the above mentioned section and sent him to jail and now the accused is on bail the trial is going on, the accused is suffering from a disease called bipolar disorder in which a person become very angry on the other hand very depressed, Now after knowing that the applicant i.e the police man ready to do Raazi Nama now the question is that:
1. Can all the allegation charged on accused can be dropped
2.How can accused be out of it and can be freed from all charges.
please suggest
3.
Sir, My Brother's son was arrested on a false case who had earlier worked in his cloth shop . He was arrested in Feb 2020 and was granted bail yesterday. The Bail order is as follows:" Orders pronounced (V.S.O.) In the result, the petition is allowed subject to the following conditions. 1 The petitioner/1st accused shall execute a bond for Rs.10,000/- with two sureties for a like sum each to the satisfaction of VII Additional Judicial Magistrate of First Class. 2 The petitioner/1st accused is directed to appear before the concern police station twice in a week on Sunday and Thursday until further orders. 3 The petitioner/1st accused shall not leave the city without prior permission from the concerned police. 4 The petitioner/1st accused shall surrender his passports if any before the lower court."
My query is regarding 1st order namely The petitioner/1st accused shall execute a bond for Rs.10,000/- with two sureties for a like sum each to the satisfaction of VII Additional Judicial Magistrate of First Class,
My queries are:
a. What does the order say to a common man like me??
b. My advocate says that we have to deposit Rs 20000/- but not Rs 10000/- as mentioned in the order to the Hon'ble Court and also we should produce two government employees only to come to the court and sign as surety
c. Will the amount deposited (Rs 10000/-) will be returned to us?? if so , when??
Regards.....
Sir I want to ask that what things are covered under nature and rationale of appeal?
Sir,
I had been on bail with a condition to appear on the 1st working day of each month before the Trial Court. Due to lock down, I had not appeared on this 1st April. Further, my trial court is at Chennai whereas I am residing around 200 Kms. from there. There is no public transport service due to lock down. What will be the position? When I should appear before the trial court? Whether on the 1st working day of its re-opening or 1st of next month? Please give guidance. As I am party in-person. I request kindly to give your valuable guidance. Advance thanks to all the Learned Experts.
Sir,
I am responding a cheque bounce case( 138) in kerala.there is non bailable warrant against me.now i am in abroad.
Now petitionar ready to withdraw said case by a compromise.how can I compromise this case behalf of me? Because I can't appear there due to my job.can he withdraw the case voluntarily?What will happen to warrant?Pls give me an opinion
How to count days of punishment
महोदय यदि किसी को पांच वर्ष की सजा हुई और वह जमानत से पहले एक वर्ष जेल में रह चूका है तो वह और कितने दिन जेल में रहेगा। और क्या सजा के दौरान दिन और रात मिलकर दो दिन माना जाता है क्या अर्थात यदि पांच वर्ष की सजा हुई तो वह जेल से ढाई वर्ष में ही छूट जायेगा?