Anonymous
12 October 2011 at 19:01
barbaric attack on senior advocate Prashant Bhushan in his chambers requires strict action ..... !
sirs,
now, it is high time to think , how safe we, the lawyers community, as a whole, are !
if this is the case of a senior high court lawyer, can you imagine the pathetic condition of a junior lawyer, of trial courts , who has to defend a habitual offenders, like robbers, dacoits... etc.
i am stating this from my own bitter experiences !
in trial courts, the competition among junior lawyers is also cut-throat and unhealthy, where the other lawyers are always ready to help these " dangerous clients " who blames or even beats his previous lawyer !
a junior lawyer , who was my freind ,was murdered by one of such client !
everyone is so busy , and nobody is ready to hear , a junior lawyer's worries.
the legislators are also too busy in making laws against these poor junior lawyers, who are playing with their life , to pull on !
sir, why can't we all be united, and say strongly that we are not ready to take up a case , in which client has behaved rudely, or has beaten the previous counsel !
( there we should not say that it is unconstitutional !)
express your valuable views !
N.J. MISHRA
12 October 2011 at 17:14
as per section 188 of Cr.P.C., if any indian commits an offence outside india the same can be tried in India with the prior approval of Central Govt.
dear member kindly tell me who will be the aprropriate govt. body from whom an approval is required to be obtained and what are the procedures for the same.
Member (Account Deleted)
12 October 2011 at 15:13
A summons was issued by M.M.under IPC.
No FIR was lodged in the matter.
The accused appeared before court.
1.Now what is the next step of proceedings?
2.At what stage the accused may plead giulty?
3.At what stage the bail has to be taken?
4.Is it mandatory to take bail, if no warrant was ever issued?
Shekhar Nagpal
12 October 2011 at 11:14
My friend has been convicted under the above.
Points taken in the lower court were not precise. We have already appealed in the Dist Court.
I can furnish a copy of the lower court's Judgement.
Please express your views.
Anonymous
11 October 2011 at 21:09
Hi Experts
i have lodge a corruption complaint related
to disproportionate assets against a govt. employee
i came to know that after premilary enquiry, Director SVB has issued letter to register a regular enquiry on my complaint.
in there reply they said based on the outcome of regular enquiry they either
1. Recommend for the regestration of case
2. Issue notice for department enquiry
3. filed the complaint
now Could you please let me know in which scenario they can ask for departmental enquiry or regestartion of case
As per my knowledge Dep. enquiry is not a crimial enquiry?
Please guide
Thanks
Mr. Hitendra Shah
11 October 2011 at 21:05
In the similar Case my wife is Complainant. In my case Charge Sheet was filed and in my wife's case Police Report is filed. I have applied for the certified copy of the said Report from the court. I may get it within 2/3 days. I have come to know that Police has stated in the Report that the case is of civil nature. This is because the police was managed by the accused. U/s 156(3) order was given by the court on prim fascia evidences. The police took my wife's statement but did not give her FIR copy and the copy of her statement but after two months the Police called my wife to change her statement but my wife denied to do so and the said matter, my wife informed to the Magistrate saheb in writing, sending this letter through courier and got acknowledgement slip. Now what should I do? The next date is on 6/1/2012. Transfer took place of Magistrate saheb.
In my mother's case against the builder where the builder gave my mother lesser amount of area in the flat in redevelopment work and in her case I argued in the court and Hon Magistrate called Police and asked that whether my mother really got lesser amount of area in flat, the police said yes and after two dates the Hon magistrate saheb gave hint me that my mother will get favorable response from the court on 31/10/2011.
Now in my wife case whether should I appear before the Magistrate saheb on behalf of her? As I know whole case and I know all the criminal points having all the evidences or whether should I hire an advocate?
what will happen now? Even all the evidences are there, if the Magistrate saheb says that the case is of civil nature then what is the remedy left to my wife?
The accused are spreading money everywhere. They want to make my wife's case of civil nature at any cost because 1) the similar case of mine is there in the same court and it is a criminal case and now if the accused get success in making my wife's case of civil nature then on the basis of that they can say the said court has considered my wife's case of civil nature the Hon magistrate should consider my case also of civil nature and 2) the matter in my and my wife cases might have become time barred even though the Bank has given replies of my and my wife's letters in 2010 and July 2011 but the transactions took place between 2005 and 2006.
I want to know from the Experts the best advice, precautions to be taken and best remedy to be followed.
Thanks.
Mr. Hitendra Shah
11 October 2011 at 20:57
In the similar Case my wife is Complainant. In my case Charge Sheet was filed and in my wife's case Police Report is filed. I have applied for the certified copy of the said Report from the court. I may get it within 2/3 days. I have come to know that Police has stated in the Report that the case is of civil nature. This is because the police was managed by the accused. U/s 156(3) order was given by the court on prim fascia evidences. The police took my wife's statement but did not give her FIR copy and the copy of her statement but after two months the Police called my wife to change her statement but my wife denied to do so and the said matter, my wife informed to the Magistrate saheb in writing, sending this letter through courier and got acknowledgement slip. Now what should I do? The next date is on 6/1/2012. Transfer took place of Magistrate saheb.
In my mother's case against the builder where the builder gave my mother lesser amount of area in the flat in redevelopment work and in her case I argued in the court and Hon Magistrate called Police and asked that whether my mother really got lesser amount of area in flat, the police said yes and after two dates the Hon magistrate saheb gave hint me that my mother will get favorable response from the court on 31/10/2011.
Now in my wife case whether should I appear before the Magistrate saheb on behalf of her? As I know whole case and I know all the criminal points having all the evidences or whether should I hire an advocate?
what will happen now? Even all the evidences are there, if the Magistrate saheb says that the case is of civil nature then what is the remedy left to my wife?
The accused are spreading money everywhere. They want to make my wife's case of civil nature at any cost because 1) the similar case of mine is there in the same court and it is a criminal case and now if the accused get success in making my wife's case of civil nature then on the basis of that they can say the said court has considered my wife's case of civil nature the Hon magistrate should consider my case also of civil nature.
I want to know from the Experts the best advice, precautions to be taken and best remedy to be followed.
Thanks.
Anonymous
11 October 2011 at 20:34
Dear Experts,
one and a half year ago wife filled DV case and running.
allegation of Demand of Dowry she herself abolish in her main application through certain paras.
can she file case of 498A after passing 1 1/2 of DV case and self clearance of dmand of Dowry allegation?
harrasment can be made through any action, any false case,
may one can suggest How such wives can be restricted to file any false cases?
2-- value of messages as evidence in Hon court is considered on merit basis or their value as evidence is less compared to document evidence in matrimonial cases.
thanks in advance.
Anonymous
11 October 2011 at 20:09
Cyber Crime Police filed a case against my bro under 66A, and sealed his laptop and devices. I have some queries regarding this.
1. FIR has filed in Jan 2011, and raided in June 2011, they arrested him and bailed immediately. Investigation is still going on, is there any specific time bound for investigation?
2. Investigation officer is working in influence of second party, and harassing our family continuously, may we apply for investigation by some another officer? if yes, to whom we should submit the application for it? please reply.
Thanks...
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498a quash- revision
Can a 498A case which is quashed by HC basis settlement between husband and wife be again re-instated on recall being asked by anyone of the parties - on the pretext that one of the settlement condition has not been complied by the husband so the quash order be recalled and the case re-instated.
In case it is recalled - than can HC direct compliance to that pending condition or it would send back the case for trial in lower court again.