Arka Foundation
13 November 2011 at 23:04
Dear Ld Members,
Facts:
In a 498a case A2 to AN applied for Quash and got interim stay from High Court
Query:
1)Is it mandatory for A2 to AN to submit a MEMO that they got interim stay enclosing the copy of interim order
2)If so, A1 can submit the MEMO when attends for his next adjournment, without advocate. As such, advocate is out of station on a foreign assignment and A1 to AN did not give Vakalat to the present advocate while attending their first hearing.
3)Vakalat given @ time of bail is not sufficient.
Answers please
parvathi
13 November 2011 at 22:36
criminal proceedings are initiated against accused in motor accident. FIR was filed by the police without enquiring anyone from the accused side.Police refused to entertain counter FIR and a private complaint filed against the driver of the dashed vehicle before the magistrate court. The complaint was initially filed by the accused's father since the accused was hospitalised and unconscious then, and when the case came up for sworn the accused recovered and was capable to appear for the case. When a substitution petition was filed to substitute accused the magistrate doesnot allow the same. What is the option left out?
Anonymous
13 November 2011 at 21:00
I had lodged an FIR with police for a car accident that occured recently damaging my car severely. The driver of the vehicle which collided with mine immediately sped from the spot and vanished.
After a month or so now, he has apologised for his fault and wants us to withdraw the complaint against him. Please advice the procedure to be followed for withdrawal of the case.
Anonymous
13 November 2011 at 19:31
1. Agriculture Land was in my mother's name. My mother is senior citizen and can't attend court/policeproceedings, as jurisdiction is 500 kms away.
2. The land was transferred to third party(TP) by making bogus entry in conjunction with Tehsildar, who passed order of land transfer 5 years back to TP.
3. I have Power Attorney on her behalf.
4. Advocate appointed says I can't file Criminal proceedings on her behalf in court, she must come.
Query
1. What can be done in such situations.
2. Any citation would help.
Vijay Kumar
13 November 2011 at 19:31
Accused prepared a false and fabricated compromise and forged complainant's signature thereon.
In private complaint to court u/ss 467,468,471 IPC, the complainant deposed himself denying the compromise and signature.secondly, he examined the Hand Writind Expert.
Now the Ld. Magistrate demands more evidence for proof of offences.
The complainant has to prove a negative fact i.e. non-execution of alleged compromise and not putting signature on it.
What else the complainant should do?
Anonymous
13 November 2011 at 18:06
Hi all,
This is with regard to my cousin sister who has filed false case criminal case u/s 506,323,294 etc against me and my son that we fight with her and abuse her. Actually we had fighting for the money which i gave to her husband and he didnt returned, i dont have any proof as it was given in relation. Now me & my son won the case after a long proceedings with false witnesses and IO etc, after 5 years case is dismissed.
My question is that i and my son has suffered a lot in attending court every adjounment and we are planning to go for defamation suit as it is our right for compensation since the case against me is dismissed and all charges are not proven. Is there any chances to get compensation or it is worthless?
Please give honest advice, as u all are senior lawyers.
Thanks.
Anonymous
13 November 2011 at 16:42
Sir,
My sister has given a competitive exam of paramedical, PMD(ANM), conducted by Bihar Combined Entrance Competitive Examination Board(BCECEB), Govt. of Bihar on 04.06.2011 and attend conselling on 10.11.2011. The consellers' team of lecturers and professors found that the paragraph written by candidate and videography of candidate taken during exam does not match to the paragraph written by candidate and videography of candidate taken before them. And they filed case against her u/s- 419/420/468/34 IPC. And at present my sister is in jail. But my sister is purely innocent and how the handwriting and videography is not matching is totally undigestive. Sir please guide me that how can we get bail soon and what should i do after getting bail to get justice.
Anonymous
13 November 2011 at 15:09
Under what circumstances the police is empowered to conduct search in a house or frisk body of person? What are the rights of resident of house being searched or person being frisked? Is police required to give or show any document before or after conducting such search?
Anonymous
13 November 2011 at 15:06
what is procedure for unsound persons check up.if a person heavily drunked commits crime what are steps to ensure his full trial
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