Anonymous
24 October 2011 at 20:08
Happy Diwali to all Dear Experts,
'A' a mother filed a false case U/S 12 of PWDV Act-2005 gainst her son "X" (R1) and daughter-in-law 'Y'(R2).She also filed application U/S 23 for Interim mainatenance of Rs. 12,000/- by making false staement on oath that she didnot have any source of Income and she was on the stage of starvation. The fact is that she is a Govt. of India pensioner and getting monthly pensions of Rs. 10,000/-.
Aggrieved by this false case "X" filed an application U/S 340 Cr.P.C.R/W Section 195 Cr.P.C. for prosecuting 'A' for Perjury.
In the meantime getting no monetary relief from the court ,"A" made a false complaint to the Police that on a particular day when her son went out for morning walk her dauaghter-in-law assaulted her. She obtained a DD entry of this complaint.
On the next date of hearing the Counsel of "A" presented the copy of this complaint and said that both the Respondents had assaulted "A". The lady magistrate without giving opportunity of hearing to the respondents arbitrarily passed an Interim Protection Order in favour of "A" restraining the respondents from committing any physical violence against 'A'.Which has been challenged by the Respondents in Session Court.
Question here arise the "A" in her complaint to Police clearly states that when her son went out for morning walk her daughter-in-law assaulted her. But the Counsel of 'A' submitted before the court that both the respondents had assaulted her and the magistrate passed this order based on the submission of the counsel of'A' against both Respondents.
Can "X" file a complaint U/s 340 against the counsel of "A" as the counsel for 'A' made false submission before the court that both respondents assaulted "A" .
"X" has obtained the certified copy of Complaint made to the police.
Copy of the complaint clearly states that when "X" left out then "Y" assaulted her. The fact of the matter is that even "Y" also didnot assualt her and she filed this false complaint only on the advise of her counsel after getting no monetary relief from the Court.
Kindly advise.
Anonymous
24 October 2011 at 19:02
can I.O compramise the case under s 420 when investigation is on by sending the final report as c final if accused is paying the amount to the complaint
Anonymous
24 October 2011 at 17:31
with all the accused on bail from high court in section 304-B,,trial is going on with charges framed, with the order of supreme court to add section 302 with 304-B,,,Is there a need for fresh bail in 302
theres one case (Raj Kumar V/S State of U.P.- ALL-ACC-2005(51)-133.),,,it is written that in addition of offence theres no need of the fresh bail,,,,
is it correct sir,,,
plz explain in detail
UMAR MOHAMED KUNDAN
24 October 2011 at 13:09
There are 18 applicants of f.i.r. & also complaint by one applicant is instituted in court under s.200. case is dismissed by some technicality.Can the same case be instituted by the name of other applicant of f.i.r. & how ti find the authority of similiar precedent?
Please elaborate.
Thanks.UMAR KUNDAN uksilkinfosurat@yahoo.com
Anonymous
24 October 2011 at 10:07
(1)draft of NI act complaint against a 'Company.
(2) who all shall be arrayed as accused on filing NI Act complaint against a company?
Anonymous
23 October 2011 at 21:41
a is indicted for murder and he is sent to prison. now a dies in the prison.
so what kind of functions jail authority has failed to perform
a. sovereign
b. administrative
i think a is the ryt answer plz help..
Anonymous
23 October 2011 at 21:32
Dear experts,
In Dv case
at some stage when some appeal is pending in the session court and respondent came to know that their is no cause of action present in the filed complain.
can respondent counsel may say to trial court regarding sudden finding of absence of cause of action and later in session court. as date of trial court is first and later in session court.
may counsel can claim for dismissal of complain .
or it is better to complete the proceeding.
Mohammed Rizwan Shaikh
23 October 2011 at 21:13
Hi Experts,
Mr. A holds large property in Mumbai, gave divorce to his 2nd wife in the year 2009. As Mr. A was not feeling well due to his old age he had given a POA/IPOA to his second wife. But after realizing that 2nd wife was betraying him like selling his properties. He cancelled the POA/IPOA.
On 23/10/2011 Few brokers approached the site for inspection and handed over the copy of IPOA to the Mr. A's staff.
Mr. A found that 2nd divorced wife got that IPOA registered on 25th May 2010 in Mumbai.
Note:
Mr. A already declared about the divorce in the Newspaper in the year 2009.
1. How can Mr. A cancel the IPOA as the 2nd divorced faked the IPOA?
2. How can Mr. A file a case on the 2nd divorced wife and under which sections?
3. Should Mr. A issue a public notice once again stating that Mr. A has already divorced his 2nd wife and no one should deal with her?
4. Remedies available with Mr. A now in order to safeguard the property?
Anonymous
23 October 2011 at 16:38
my husband is in jc from aug 12 the incharge io is arrested under corruption for taking bribe from other co accused in the same case
one of the co accused is granted ab my husband and other main co accused bails r rejected in session court as the other co accused is not arrested irrespective of warrant. is it possible to apply for bail in magistritate court who is granting jc to my husband on ground of long jc and not filing of charge sheet and false report of previous io who is in hand to hand with other accused and complainant. as i am working in a bank can i appeal for bail to my husband so that i guarantee that he will attend the summons and court proceedsings as we live far from the case registered place with my little daughter i am not able to meet him or help him in legal matters can u pl guide me on what ground we can apply for bail. new io and pp is not objecting for bail but the complainant is objecting
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Getting bail
if chargesheet is filed can a person who is in jc from aug 12 can file bail appn in magistrate court. he has filed bail appn before chargesheet in magistrate court and session court both r rejected pl guide and how many days it will take in high court for coming hearing in high court. how much expenses we have to bear i am working in bank can i give surety to my husband