warrior
23 February 2012 at 18:52
Dear Experts,
I am a NRI and my wife filed set of cases 498A/DP-3-6/DV/MC-125 during 2011 Aug.
I want to file counter cases as suggested in the different forums with the evidences I have against my wife/her boyfriend/FIL/MIL..I got email evidence of my wife extra marital affair(100s of emails) and I got them authenticated at forensic lab.
so, now my lawyer says that we will file civil suit against them but not criminal case also says criminal cases can not be filed without candidate and also POA does not work.
Please suggest me if this is true? if this is true what are my alternative options for filing criminal cases against them. can my father or brother file same criminal case instead of me ?
or I will come to India and file the criminal case and give POA to my brother is it doable?
My wife is not working now, we just have a baby and wife boyfriend is working as manager in software firm and he is married has kids. I also want to include their software company for allowing them to use office resource(emails/chat) and premises for their illegal activities.
List of sections I am thinking of filing are as follows, please suggest more sections or remove irrelevant sections if I added.
S.209 : Dishonest claim
S.211 : False charge of offence made with intent to injure
S.306 : Abetment of Suicide
S.378,380,381,382 :Theft
S.383 : Extortion
S.406 : Criminal Breach of Trust
S.499: Defamation
S.506&507: Criminal Intimidation
196 Using evidence known to be false
199 False statement made in declaration which is by law receivable as evidence
200 Using as true such declaration knowing it to be false
201 Causing disappearance of evidence of offence, or giving false information to screen offender
202 Intentional omission to give information of offence by person bound to inform
203 Giving false information respecting an offence commited
204 destruction of document to prevent its production as evidence
Regards,
PAVAN KUMAR AKA
23 February 2012 at 18:38
On conviction in trial court, on filing petition of suspension of sentence, the convict approached the appellate court at sessions division, and IF THE APPELLATE COURT CONFIRMS/MODIFIES AND CONVICTS THE APPELLANT, MY QUESTION IS - WHETHER SUCH APPELLATE COURT CAN GRANT SUSPENSION OF SENTENCE OR NOT? ARE THERE ANY JUDGEMENTS IN FAVOUR/AGAINST OF THIS GRANTING OF SUSPENSION OF SENTENCE BY SUCH APPELLATE COURT
PAVAN KUMAR AKA
23 February 2012 at 18:30
I heard somewhere that if they are typed FIR and typed 161 CrPC statements, presumption can be taken as they hit 162 CrPC. Is it true/not, if so are there any citations. Please.
PAVAN KUMAR AKA
23 February 2012 at 18:25
On a conviction in lower court, the convict approached the appellate court by filing suspension of sentence petition at trial court, at Sessions Division. If the Sessions division found guilty of the same convict and sentence in any manner, my doubt is that "WHETHER THAT APPELLATE COURT CAN GRANT SUSPENSION OF SENTENCE OR NOT? IF SO/IF NOT UNDER WHAT CIRCUMSTNACES? is there any citation in this regard.
Neeraj Kaushal
23 February 2012 at 18:24
after confession accused can be released on probation , if yes, then there is any law.
Raj
23 February 2012 at 16:39
My friend was driving on a Toll paid highway in his lane , where he was driving with other vehicles in his left lane and someone who was already having vision problems suddenly crossed roads and accident was there, person crossing highway died ,, how can my friend prove he was not rash and negligent?
NHAI is not bound to provide safety to all and especially vehicles paying toll tax?
Mukesh Kumar
23 February 2012 at 14:03
Sir , my wife is threatening me for filing FIR of 498a against of me and my whole family. Though she is not living with us for last 1 year 6 months. our DV case is already pending in dwarka court, delhi and I am giving her/my child maintenance regularly.
my 1st question is this, Now at this point of time after 1 year 6 months can she file FIR of 498a. and she also told me that she has filed FIR at uttamnagar Thana but they have instructed Thana not to take any action until they give them green signal.but in this respect I did not get any prior intimation of 3 days notice from thana.
my 2nd question will this 498a FIR ruined my career for government Job. will this 498a FIR be problem at verification stage of government Job. plz reply
V.N.K. MENON
23 February 2012 at 11:41
Dear friends,
Div.Bench of Mumbai H/C (M/s. J. kanade & J. Tahaliyani) held in case filed by B.U. Batteli: ... the inaction or omission on the part of the public servant of not passing any order or passing an adverse order...... would constitute the loss or injury and therefore, even such a complainant would fall within the category of a victim".
They also held: "victim" in the amended CrPC to include complaints in corruption cases..
Can any body clarify where these definitions can be found in the respective Acts; if possible the judgment.
Thanks to all friends.
VVS Ramaikrishna
23 February 2012 at 10:20
what are the privileges and functions of a proxy counsel appearing for accused?
can a proxy counsel present arguments?
can a proxy counsel seek permanent exemption for appearance of accused persons, if so under what provision of Law?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Anticipatory bail
Dear experts anticipatory bail was rejected by the sessions can second AB be filed in sessions or not plz guide me accordingly regarding provision of anticipatory bail.