Vishal.Sri
12 February 2012 at 22:31
One of my friend got convicted in a criminal case. Now he in Central Jail.
Can he appeal in High Court or he apply for bail?
One advocate says he has to appeal, if appeal is accepted, he will come out on bail.
Another says, he has to get appeal first and then only he can approach appealeat court.
WHO IS CORRECT?
sajed
12 February 2012 at 20:02
Wife alleged sexual and wild allegation against husband in domestic violence act (DVC) complaint i.e Husband showing prone movies and many more . Magistrate will allow to cross examine on that particular subject which is important part of complaint ??
nagarajupatro
12 February 2012 at 19:25
Dear Experts
Pls give the solution
A minor girl was alleged to be raped by some one and thrown on railway track after cutting her legs and hands. People expressing lot of doubts i.e, she had been raped and murdered as she went to cinema in the evening and her mother says she said that she is going to tution and mother not supporting police. One part (amputated hand ) was found on the upstairs of a nearby house. Railway Police examined the scene and treated it as a train accident. But its not fact and police was influenced by the locality persons. girl placed her school bag in her friends house. Her death is mistry.
In such case Police did not utilised the dog squad and clues team. It is recommended or not? In which situation Police will use clues team and dog squad?
Police did not observed the relations, friends, her activities of the girl and her mother, it is correct in investigation?
What steps are necessary to find the accused in such case.?
How the police can be put into motion for proper investigation?
Rakesh Mehata
12 February 2012 at 15:44
Hi Experts,
I am a techie , hailing from a background of teacher parents, and a good academic career. I got married in late 2010, my wife is also working in a IT MNC and earning a very decent salary.
My married life has been like a over stretched nightmare right from the very first month. She is extremely short tempered, foul mouthed and incredibly rigid. The only grievance she has is the fact that she feels I donot spend enough time with her. With that, in order to humiliate me in front of my family, she always brings up the case of 2 girls I had romantic involvement with , long before marriage.
* I have never ever cheated on my wife after marriage. She can never prove otherwise. Infact, I never had physical relationship before my marriage at all.
* Me or my family have not demanded any dowry, or any kind of cash during marriage. However, she had brought some gold jewellery for her, and for me during marriage as tradition - again , we never demanded it.
* I have never physically assaulted her, or forced her for anything. I have not demanded money from her salary to manage home.
* I do most of the cooking at home, drop her at office; spent close to 1lac in first year of marriage on 2 trips to make her happy.
* We never had any problems in our sex life, so long as differences were managable, then it ceased to exist altogether.(for the past 2 months)
On the other hand she:
* Abuses me for any little things she finds annoying.
* She has called me a lot of things, told me "Fuck You" , "Eunuch"
* She has physically assaulted me at numerous occasions - bitting, hitting, scratching and kicking - and I have bled some times.
* She and her family members talk in extreme and pedestrian abusive language regarding me and my family behind my back.
* Acts crazy when she is angry, throws household items , pretends to cut her wrist . One time after a huge fight she sat on the bed, took a big magazine, tore the pages one by one to bits and threw them all around the bedroom and then went to sleep.
Things I have:
* Recording of the foul language that she and her family members were using in a conversation , I was not present.
In this clearly audible recording, they call my father a Old Lizard (in native language), my mother a Skinny Whore, my sister an A** F*** and a lot of other derogatory things. They also talk about a ploy of gaining my trust now by hook and crook and then "step on the heads of my father and mother"
* Photograph of the scratch marks I had from her assault.
I am deeply hurt and angered. I do not want to continue this relation. There are a couple of things that are crossing my mind :
* Can I file a FIR on grounds of Verbal Abuse (IPC 504), with the recordings as evidence. Soon I will have a recording with me in the discussion, where I may expect some face to face abuse as well.
In one of the recordings, my wife talks about a plan to defame my sister by spreading rumors and distributing photocopies of wrong information. Can I use it to file an FIR ?
* Can I go public with this recording and show her real face to the masses ? Whats the legal implication with that ?
* Can these evidences be used to protect me from a 498A - if at all it happens anytime in the future ? Soon I will have a recording where my wife and her parents are going to admit that there is no kind of dowry demand or physical abuse from our side ?
I know , this post has been extremely long. But I hope you understand the kind of anguish me and my parents are going thru at this juncture that made me write all this. My parents are very old, I am their only son, and it breaks my heart to see them suffering like this.
Please help me.
thanks
Rakesh
VIMAL KUMAR SURANA
12 February 2012 at 12:16
Respected sir
u/s 138 separate CASE CAN BE FILLED IF THE CHEQUE ARE ISSUED FOR THE SAME PURPOSE BUT CASES ARE FILLED IN THREE COURTS IF NO PLEASE GIVE THE CITATION ON THIS MATTER
Niyamat Hussain
11 February 2012 at 17:22
resp. sir,
I am niyamat Hussain (Advocate) but i am fresher. so i am handling a case so sugges.
me what i do
the case is accidental case my party is accused he is a this accident as a accused (Mulzim) a bail witness so court sent (Summon to a witness)
so party give me Summon document only this case is pending in the tis hazari court
what is producer it to be done
sanjay jhaveri
11 February 2012 at 17:15
In of the matter petitioner has taken the photocopy of the original paper. but has hidden certain part, which was going against her. I am the respondent No-2.
Society is respondent No. 1
Now based on this document, she got the order in her favour.
Both respondents declined to accept the order. Both the respondents filed appeal against the said order.
Now I want to know that the document submitted by petitioner is not the same as original and also she has hidden certain portion while taking photocopy is forgery or perjury. What action should be taken against her.
hasmukh
11 February 2012 at 15:23
in 2009 i had negotiate with the party by paying their due and they assured us in written that they will withdraw the case after three year i hvae received a warrant which show that case havent been withdrawn then i contact the party and our lawyer , they told us according to new rule there is a provison of penalty on accused to be paid in court that i hvet o pay a penalty for withrawing case which has been setteled mitually and written on their letter head in 2009 , is it true that i have to pay penaltyor is there any new rule like this
mahek soni
11 February 2012 at 12:00
There is a case under sec 498 (a) against my brother pending the court since 2006 . I am the third accused in the case, the other 2 being
1- my brother
2- my mother
My passport has expired and i was given permission by the court to renew my passport for 1 year. I want to obtain passport for 10 years validity.
Is there a legal precedence for the court to give me permission for a 10 year validity passport.
Either details of any other case where court has given permission for renewal of passport for 10 years inspite of having a criminal case pending.
Please let me know.
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Supreme court judgement on corruption case
Hi Experts
Could any one know about the Supreme Court Judgement in which supreme Court has ordered "First to register FIR then investigate in corruption related matters otherwise it will be a contempt of court"
Please help on this , i need it urgently
Regards