m.v.prabhakar
24 January 2012 at 20:23
Dear Experts
Pl. guide me on
Is the Guideline mentioned in the SC judgement "State of Haryana And Ors Vs Bhajan Lal And Ors" on 21st November 1990 on exercising the extra ordinary powers under Article 226 or the inherent powers u/s 482 of CrPC is still holds good.
Is there any subsequent judgements either fine tuning the guidelines further or negating the said judgement. If pl. provide the citations.
In addition to the above, kindly clarify is the conspiracy on murder should be distinguished from economic offence. Why the conspiracy citation of murder case is used for economic offence also, mostly for rejecting the plea of the accused. In my opinion both are different.
Regards
prabhakar
YOGESHWAR.
24 January 2012 at 19:30
A problem comes across many complaints which are filed either by firms , companies through their power of attorney holders.
How the pleadings should be worded.
complainant abc and co through RAJA manager or POA holder.
The complaint starts -
the complainant has suffered this and this.
Is it not wrong.
Anonymous
24 January 2012 at 17:33
Respected Experts,
My brother a divorcee got married almost 1 year ago to a divorcee girl.The Girl is very abusive, arrogant,threatening and disrespectful for all including my brother.She cries loudly at night and slaps her own face every otherday on very small unimaginable issues like toothbrush and clothes.she abuses and ill speak with my brother and 70+ mother along with us and tries her best by using foul language to involve us.She treats my brother as a servant of hers and does not want to listen to my mother on small issues also. She does not talk to any of us.She ask my brother to take leave for her personal reasons every 1 or 2 days in a week and expects us to make expenditure everymonth which is out of reach.Her father also speak ill with my mother and brother on 3 different occassions and threatened both of them with consequences. Our elders intervened also but she continues every night on pretext like milk etc. Very recently, her father threatened us with dv. She has taken back all her jewellery. She used to stay with her parents every month for almost 15-20 days except for past 2 months.Her place of work is very near to her parents home, she mark her leave in office on many occassions and without information went to their house. At home she is constantly on phone telling her father everything in front of us.She packs her bags at night and threaten us to leave the house at 10pm. This happens every time she abuses us.On two three occassions she came forward to beat my brother and my mother also. She refuses to eat my mom has to go inside and ask her to come out.She does not let my brother sit with us in her presence.She enquires my brother on phone if he has not taken any leave for us.My brother and all of our lives are in hell.We cannot define in words her arrogance and abusive language.My brother is loving towards her and has tried his best but she makes small adjustment issues as ego questions.All our neighbours hear her voice almost everynight.We are fed up of her threatening and her fathers accusations like we will kill her.Now even after threatening us with dv, his daughter is not leaving our house. She seems to be mentally unstable.We have tried everthing so that she can adjust with us but of no use. What can be done, if her father goes for dv case or else if he does not register dv case since we do not want her anymore with us.I can provide specific details if required.Please also guide us whether she can forcefully stay with us in our house which is in grandfathers name and can she have any claim in this property. Please note my father were 6 childern.
Anonymous
24 January 2012 at 10:45
dear sir/madam,
my brother got married just 7months before and now my bhabhi committed suicide a few days before. since from the first day of her marriage she used to complain that she has the effect of some bad souls on her. my inlaws family used to tell my family to take her to the AUJHAS and same was done by my family, but as I and m brother are medical students we consulted many doctors. I counsulted the head of departments but she was not having any physical problem, it was all psychological that she was creating knowingly. at last my bhabhi's parents refused to take her to doctor.so we also left it. she was taking antideprressant medicines. my mother knew that she had some problem with her father( who already has a running case in a court regarding some accident). the day before her sucide my mother heard them taking to her father and she was crying that she is happy with us and she doesn,t want to die because of him. on the day of her death she was on phone with her father and he was insisting him for doing that...at the same time her father was waiting in police station to file a case against our family....he has autorecording in his phone but he had deleted all recordings from his phone...he has filed a case.nd we dont have any proof to prove that his father did all this shit...me and my brother are govt employes ....DSP is saying for an arrest for my family...what can we do ...plzz suggest....can we reguest an anticiptry bail?????how??and when??
Anonymous
24 January 2012 at 02:42
Is certifed copy of 498a stamped by court.
I have receivd a copy from my lawyer in kerala, but it is not stamped by court. One of field where date it forwarded to court is blank.
I want to understand whether it is true or not. I have my doubt.
Also is chargesheet hand written or content is typed by IO and forwared to court.
My IO handwriting is wrose than Dr, i cannot understand the content.
Anonymous
24 January 2012 at 00:41
this is matrimonial issue sir. hindu woman second time she married with out giving diroce to first husband. after knowing the second husband filed cheating case and null and void case to declare his marriage as null and void. as a counter blast that lady filed 405,406 criminal cases as she entrusted all her belongins to second matrimonial house. sir now my doubt is :
she is saying that she entrusted the articles in the year jan28th 2004. after year second matrimonial house came to know her first marraige filed cheating case on her that is in the year 2005 may. in the year 2006 she filed a private complaint in the court under 405 and 406 which was refered to police station. police after invistigation filed final report as non congnizable. now again she filed one more complaint in the court in the year 2007. court took into conginizance in the same year that is 2007 on jan 29th. sir my doubt is :
a. what is the meaning of barred by limitation.
b. will my case will under barred by limitation. i saw this barred by limitation in google search but i could not understand sir.
c. it seems the court should take the case into congnigance after one day from the day of entrustment of articles and before three years.. is it is correct sir. is there any delay in taking the case into congonization by the court.
Anonymous
23 January 2012 at 23:59
sir, i am a junior practicing advocate. i have a query to all of you kindly advice me. my wife lodged false FIR against me and my father mother and sister.i only arrested and remanded judicial custody for one week.After police inquiry my father ,mother,sister names were removed from FIR.only charge sheet filed against me before court. But in the trail my wife turn hostile.Other witness were not exam-ed.On that basis i was acquitted last month.now my criminal case proceedings ended.can i move petition to same court to file case against my wife U/S 211 ipc?. weather section 211 ipc can impose after the proceedings or during the proceedings ?. supposed after my acquittal i can impose this section what is the time limit?
NAYAK MAFATLAL GORDHANDAS
23 January 2012 at 23:14
I am bank officer. I have borrowed some money from my friend by giving him four cheques of which one was blank and three were written with name and amount. He gave the blank cheque (signed by me) to his friend. His friend wrote his name and amount Rs.six lacs on that blank cheque. He wrote his name on the cheque twice, one by crossing lines on his name and second right spelling with name. There is no signature on alteration made by him in name by crossing the line on the name. The banker returned that cheque with the remark "funds insufficient" instead of the remark "alteration requires drawers authntication" as the cheque is "aterially altered" as per NI Act. He filed suit against me under 138. My advocate taken reply of the person who filed suit against me in court. Now, case is on F.S. (Final Statement) stage. I wont to produce the sheet of cheque book in which four cheques' details is written, also wants to produce the notice sent to the bank manager for his wrongful dishonour and remark of the said cheque. Sir, Please guide me urgent, because next date for hearing is 07/02/2012
Anonymous
23 January 2012 at 22:10
Sirs,
I am going for appeal against interim order passed by magistrate court against my wife filed under DV actduring Oct'2011. The year of marriage is Aug'1998 and left the matrimonial home during Apr'2001due to high level of difference of opinion, after having a female child. From apr'2001 to till date she is living separately.During 2003 I filed divorce on the grounds of desertion ,after that he file RCR case immediately and my divorce petition dismissed and her RCR allowed and she file also maintenance case under 125 crpc and got order in her favor during 2003. and accordingly she got maintenance up to 2007. Against I gone for appeal for my divorce to HC,Chennai, during 2009, and case not listed till date. Can I quash her DV act case in the District Session court by way of stay and appeal against the magistrate court interim order ( Order for Rs.9000/-pm maintenance and return of seethana articles to her). Stay and appeal allowed in district court and argument to be made. I have take more citation,regarding the follwing points:
1. Retrospective Effect not applicable for DV cases (Difference HC judgements,but no Madras high court judgment in this regards)
2. Since,she got already maintenance order under 125crpc and got maintenance till 2007, she has no right to got maintenance under DV act.
3.There is no question of violence after the DV act came in to effect, since both are living separately from Apr'2001.
Except Madras High Court, I am having various state HC citation for retrospective effect not application for DV act.
But Madras High court judgement says retrospective will apply for DV case,which is not favorable for me.
Is there any limitation to judge in considering the other state HC judgements refered by me or they will taking in to
account the judgement of madras high court only.
Kindly help us by way of your valuable suggestion in this regard to win case.
Regards,
raj
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Judgement relating anticipatory bail
Have any judgement of SC and HC , when it is the statement in the FIR that the applicant and the parents and the brother of the husband were living separtely from the husband, their case of anticipatory bail may be considered favourably. And any other judgement on anticipatory Bail application for the offence Punishable u/s.498a, 232, 313 406,506 r/w. 34 of IPc.