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Amit Joshi   24 March 2020 at 01:52

About 482 crpc fir quashing

Hello, I am Amit Joshi. I have booked in false atrocities FIR about in caste name abuse, which come from our property matter. In OCT 2018, I got interim order against Mr. XYZ. Court has restained him for entering my property. From then, he is pestering me. In Feb 2019, he file false atrocities FIR against me stating incident in Sept. 2018. I got ancipatory bail from court on 06 April 2019. On 07 April 2019 he again filed false atrocities FIR against me stating incident in November 2018 again I got ancipatory bail from court. Police has filed chargesheet in both cases in June 2019. If you go through the facts you see that, first FIR is filed in Feb 2019 and incident in 2nd FIR was in November 2018, It means he can very well mention 2nd FIR incident in 1st FIR but he did not, once court allowed me ancipatory bail he went to Police station filed 2nd false FIR. That's why, in June 2019, I filed 482 CrPC application to High court for qaushing of 2nd FIR. In August 2019, he again filed application in court for my bail cancellation again with an false incident. Still he is doing something against me to harrasse me. Already, I have some doubts about his caste certificate but that time I don't have time and knowledge to search about his real caste.
In Jan 2020, I filed RTI application in department where he work and from them I got Certified reply about his caste as "GENERAL CATEGORY". Till, 23 march 2020 My case is not on board(it is unready)in high court. Propably, next date have argument. But, my advocate is saying me that we can not use such RTI Certified copy as evidence because Judge decides case only on the basis of FIR copy and evidence collected from police, we cannot submit evidence here and if we submit evidence here, court will ask us to face the trail and submit evidence there. I am not sure that his advice is right, Is really petitioner (who is accussed in FIR) can't submit evidence in 482 CrPC in High court ? Please, suggest any case law or legal provision where it it mention that petitioner can submit evidence in 482 CrPC application. Also, express your thought on my advocate opinion.

Ram   19 March 2020 at 17:27

Mental cruelty u/s 498a

Dear Experts,
My WIFE filed Criminal Case against me and my mother u//s 498A. The Allegations are given below.

1) husband behaved indifferently towards the petitioner
2) The respondent often got irritated at the sight of the petitioner and used to come to the residence late in the night and refused to take supper without any reason.
3) The husband used to utter that only if the petitioner is driven out of the house, he will have the peace and happiness.
4) The respondent used to scold and beat the petitioner often for no fault of her and persistently nagged her.
5) He never missed an opportunity to insult the petitioner before the guests and friends.
6) It is his habit of speak ill of the petitioner’s parents and their family
7) Husband used to say that the petitioner is a misfit for him
8) He personified the petitioner, as an embodiment of his past sins.
9) The respondent openly declared that he disliked the petitioner.
10) To cap all, the respondent has deserted the petitioner and petitioner had been put under severe stress and mental agony on his abscondance and desertion

My Question:
1) Does all or any of the Allegation would attract "MENTAL CRUELTY" defined u/s 498A?

Thanks in Advance Experts.
Ram
.

swetha   16 March 2020 at 17:56

Aceptance of citations from other states

BackGround:
Dear Experts, I have filed case against my husband and his mother u/s 498-A and 4 of Dowry Prohibition Act.
Now the case is in Argument stage. The case is running Additional Mahila Court, Chennai, Tamil Nadu.

My Question:
1) Is it VALID if I submit citations/Judgments from High courts of Other states i.e., Karnataka, Andhra, Orissa, Delhi to support my case.
2) Or Can I submit citations/Judgements only from Supreme Court and High Court of Madras which is inside Tamil Nadu?
3) Will Mahila Court of Chennai, Tamil Nadu Accept judgements from Other States?

Thanks in Advance
Swetha.

Anonymous   14 March 2020 at 21:02

Doubt

Can I do llb after doing Bhms

ViGnesh sharma   09 March 2020 at 14:50

Pc act 1988

Dear Sir,
My brother was a college lecturer in an unaided private polytechnic college run by trust in thane salary issued by the trust , Anti corruption catched him in 2015 on a student complaint of bribe and termed him as public servant (iter lok sevak in marathi). Trial is in the court on the basis of sanction of private college principal as government authorities have denied to give sanction. ACB is showing that the courses conducted by college are controlled by MSBTE( technical examination board) also college students gets financial help aid through college account transfered by government. SO HE IS PUBLIC SERVANT.
my query is 1) BEING A PRIVATE UNAIDED COLLEGE EMPLOYEE HE CAN BE PUBLIC SERVANT.
iF YES UNDER WHICH ACT OR LAW.
2) And if No then please guide us to get him out of this anti corruption illegal case.
thanking you.

Anonymous   29 February 2020 at 18:59

Order placed-neither supplied nor payment return back.

Dear Experts,

I placed an order for supply of an "Item" from a foreign based Company" 18 months back. The company is also doing business in india. The owner of the company is staying in India. On several reasons the company neither supplied the "item" nor return back my money. Mail correspondence is there. The owner of the company agreed to return back my money, but failed to do so. The cost of the Item is rupees three lakhs ( INR) Shall I book a 420 case against him or not. So plz. suggest me, what I have to do.

Vishal jain   28 February 2020 at 15:29

Judgment on fir

Hello..
What if police did not register FIR under proper section..?
Should I go for Protest petition…!!
Any judgment on this point that FIR must be registered under proper sections..

Vinod shah   28 February 2020 at 12:56

Crpc 311 in appeal.

The provision of CRPC is for any court and any procedding but Session court has rejected the application that it is not applicable for appeals.

any case laws in the matter pl.

abhijit majumder   27 February 2020 at 11:48

Defamation

Can a Company lodge suit of Defamation(U/s 499 &500) against another Company.
Abhijit Majumder

SSng Aulakh   26 February 2020 at 08:37

Time limit to file criminal contempt of court

Sir,
within how much time "Criminal contempt of the court" can be filed in Supreme Court, from the time the same is rejected by a division bench of High Court.
Regards