samir
28 October 2011 at 15:49
one of traffic police file 353,332,333 against me in june 2011 .. i got bail in that matter after arrest on 9 july 2011 ..
but police yet not filed chargesheet in court , can i get benefit of delay in chargesheet .. mainly in that matter all IO and witnesses r of police but yet not sended chargesheet ..
in 332 and 333 which evidances r important .. like panchanama and other
Anonymous
28 October 2011 at 15:46
I and my husband entered into a agreement in Mediation Centre to cpmpromise a 498A case that was filed by me one of the terms was that we will aply for a Mutual Consent divorce.
The papers for Mutual Consent divorce were prepared and signed by me but he was insisting on some clause of the petition to be changed and did not sign the petition.
In the meanwhile the 498A Case was quashed by High Court basis our settlement at Mediation centre. I had placed a objection in High Court that the case should not be quashed unless the MC divorce is filed by way of a Affidavit through my lawyer.
But it so happened that the case got listed and my lawyer was not present on that day so the case was quashed without looking into my affidavit to object.
My lawyer says he did not appear as his name did not appear in the cause list so he wasnt aware of listing.
Now it has been two months he is saying that he has applied for 'Recall' of the order for quashing but still he says it would take time.
Can anyone please advise what are the options available to me - Is 'Recall' possible or I need to follow some other way.
As my husband is not responding now.
what would happen after 'Recall' will the case again start in lower court or will the court give directions to him to apply for MC divorce now and Quash would remain valid.
Please advise.
Kiran Kiran
28 October 2011 at 14:31
Hi,
I purchased a property in Hyderabad, builder has cheated by impersonating the bogus/fake owner. Bank has released 40laks loan on my profile to that property to the builder and I have given 13 laks on to of that. When I asked the builder about it, he said that he will return the amount and gave me 2 blank cheques and two 100 rupees stamp papers with signed on it and asked some time for clearing the amount. But till now he is saying the same thing from the past 1 and half year.
Now I am planning to write the amount on the cheque and get it bounced and file case against him. As per the bank address, he is not staying in that address. But I know his parents address and his relative address. If I send the notice letter to that address will it be OK. Or what is the alternative. if he does not receive the letter. Is acknowledgement of the notice is must?
if possible please send me the format of the notice.
Please suggest.
Thanks
Joseph Kiran
cyril.e
28 October 2011 at 13:35
on 27/10/2011 my sister and myself ware accident ed by an 4 wheeler immediately i informed to near by police station they put the case against the opposite party under him (owner come driver),(ipc279,337),my sister got sivoer ingury in teeth it was broken the doctors are charged for rs,
25000for her teeth reconstruction can i go with for claim ,my record are good my bike is still 3months old,
Anonymous
28 October 2011 at 11:51
"MY QUESTION IsU/S. 138 OF N.I.ACT . IF AFTER ISSUING FIRST NOTICE OF DISHONOUR OF CHEQUE IF REMAIN UN SERVED, TO ACCUSED AND IF ON SECOND TIME SAME NOTICE SENT TO ACCUSED, THEN, FROM WHERE, THE PERIOD OF LIMITATION TO BE COUNTED FOR FILING THE COMPLAINT?"
Prasad
28 October 2011 at 11:37
Once a case has been registered and trial is going on, so trial court can not acquittal on the statement of your wife.Face the trial properly and ask your wife to file an Affidavit in this regard when evidence would be taken place-.message from-minasu badra sahab
The High Court most likely to insist on your presence as well if you go for consensual quashing.
Still quashing is only option left to you.-devajyoti sahab
you will have to file case under section 482 for quashing 498A case on account of compromise arrived at between the parties-message from sethi sahab
How long and when to get a affadavit from wife and in what matters i have to hae from wife(subjecct)
When i should file a case under 482 and how long will take to get problem solved as my father is laid up and sadly i can say that he is aged 85 a neuro patient sustained injuries
Prasad
28 October 2011 at 10:52
Devajyoti sahab remarks on my earlier message
The trial court has no power to acquit you in your absence.
The High Court most likely to insist on your presence as well if you go for consensual quashing.
Still quashing is only option left to you.
procedure for quashing case in my case ,please advise and please let me know in detail
Prasad
28 October 2011 at 10:08
run kumar bhaghat sahab remarks-98a is non-compoundable so the trial has to be completed. Let the evidence of your wife be over and other witnesses' too if the prosecution tenders.Next stage would be for 313 Cr.P.C but from this date you shall have to remain present. Alternatively You may move High Court directly on the ground of compromise and for quashing where your presence may not be insisted.---
My question here is my wife wanted to have a divorce and that was done as expartie and now she is ready to come to JCM and to tell that she dont have any problems and all disputes are settled .So in this case can magistrate in JCM make me free even on my absence and aged mom who is sick and ofcourse mentally tortured
Anonymous
28 October 2011 at 10:07
SAlient features:
1. Every file ,every bit of evidence including Forensic Reports[Original ones]disappeared from CBI'S custody.
2. Delhi Police filed her Mobile in some God Forsaken place and Handed it over to the CBI who never took the trouble of deciphering Boolean SIM records after messages were deleted[Deleted messages leave Boolean records unless files are shredded by shredding software.
3. In early stages menials were the accused but they died under mysterious circumstances.
Would it be wise to arrest CBI officials and subject them to third degree for eliciting information. Third degree torture includes the all powerful psychological torture? Would it be wise to leave Talwars and give them a long rope?
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About chargesheet
one of traffic police file 353,332,333 against me in june 2011 .. i got bail in that matter after arrest on 9 july 2011 ..
but police yet not filed chargesheet in court , can i get benefit of delay in chargesheet .. mainly in that matter all IO and witnesses r of police but yet not sended chargesheet .. meantime atleast 3 IO changed in that case but no chargesheet gone to court . it benefits me ?
in 332 and 333 which evidances r important .. like panchanama and other ..
is medical certificate important in this case ..
police took my enemy name who filed crimainal case against me as public witness and panch so can i get benefit of this .. cause they filed case against me before .. police done that intentionally ..
the IO of this case is currupt , against his writer constable anti-curruption trap is sucessed for taking bribe for not taking , demanding police custudy .. court also say in one case against IO that he not work properly , can i get benefit of that ..