Anonymous
29 September 2011 at 10:11
Hi All Experts,
I have a doubt regarding content of chargesheet. In a case,
In charge sheet it is clearly mentioned that police seized one black color china model mobile phone WITH OUT SIM CARD.This phone belongs to the person who filed the case and charge sheet is filed 2 years back.
Now the trials started. Judged asked to show the items seized. And judge found that there is no cell phone available in the seized items but only one SIM card is available.
now the person who filed the case is saying before the judge that , His SIM card is seized but not his mobile phone.
which one will judge go with ? will go with the content mentioned in the chargesheet or will he go with the items before his eyes.
can the opponent lawyer convince judge to go with only content which is mentioned in the chargesheet.
can some one clarify me all the points clearly.
Anonymous
29 September 2011 at 00:35
Dear Friends,
Can any one help me with the proposition of law in case of prima facie offense of cheating in marriage the inception of transaction is the day of marriage or when the huband and wife side exchanged thier bio-data for marriage proposal.
When will the intentional inducement or dishonest concealment need to be shown. Help me with relevant citation if any in case of arraiged marriage.
Thanks.
Anonymous
29 September 2011 at 00:27
If an employer:
(i) punishes his employee for proceeding to High court against them for seeking justice .
(ii) deliberately abuses process of justice, makes false submissions on oath, annexes fabricated/false Documents to their affidavits with malafide intentions to mislead the Hon’ble Courts.
a. will it be treated as civil or criminal contempt of the Courts?
b. What maximum punishment can be awarded to the contemnor?
c. Is the complainant entitled for any compensation ?
Devnandan Sharma
28 September 2011 at 19:39
I think, there is no legal provision in Indian Law which provides for declaring a witness “hostile” by the Court in a formal manner. The witness swears that he will tell the truth and he does not swear that he will depose only in favour of the party who called him. It is not justified that a witness should be bound to depose only in favour of the party calling him.
In the aforesaid view, it is not proper that on finding an unfavourable testimony by a witness, a formal request is made for declaring him hostile and the witness is declared hostile by the Court in a formal manner without examining whether the deposition of the witness is true or false.
I want to know under which legal provision the witnesses are declared “Hostile” in Indian Courts; and if there is no such provision why this declaration is made in such a ritualistic manner. I think, there is nothing wrong if the party calling the witness comments informally that the witness has turned hostile to them, or the witness has been won over by the opposite party, etc. What I feel is that in the absence of a legal provision, it is not proper to formally label a witness as “hostile” by the Court.
I request you to kindly give your expert opinion in this matter.
Anonymous
28 September 2011 at 18:54
Dear Sir/madam,
there is one latest supreme court decision which says that a minor may be released on bail before declaring him/her to be juvenile.
please provide me with that citation/ruling. i shall be highly obliged.
Anonymous
28 September 2011 at 16:44
Complainants family has wiered people
1) FIL: Consitent Drunkerd
2) MIL: Living separetly
3) Her Sister: Livin relationship with her BF
4) Her Brother: Livin relationship with his GF.
Some of above are withness for her. Will witness private unethical life gives any value to the 498a 'ed Husband, Is it worth mentioning to Judge about these facts?
Anonymous
28 September 2011 at 14:35
498a running in lower MM court, whereas the complainant staying with husband,contrary demanding for withdrawl of OP case at another family court.
Does lower court has powers to call the OP case of family court?
Anonymous
28 September 2011 at 09:27
498a complainant seeking to seeking OP(Divorce) withdrwal, otherwise the complainant continues to run the 498a case in lower court?
How do we proov that her intentions are with dictate the family court for withdrawl. On Contrary in FIR she lodged as 'additional dowry'.
ajay kumar mishra
28 September 2011 at 03:57
Can a unmarried major daughter get maintenance from her father u/s 125 crpc. if she has no physical and mental abnormality and repair to maintain herself ? If your answer is "yes" then specify the latest case law.
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Witness
Respected Learned Experts,
Sincere thanks to you for your valuable comments on my query regarding hostile witness.Ld. Mr. Bansal has commented to the point I raised. Rest of the comments are not ointing to my querry.
My querry primarily relates to the specific point as to in which legal provision it has been provided to declare a wtness "hoatile" in a FORMAL MANNER. And if there is no such provision why the Indian Courts are entertaining such exercise.
I am not against asking any type of questions to a witness to any any extent, or any kind of treatment to the witness for finding the truth. What I mean, I again repeat, the declaration of a witness as HOSTILE in a FORMAL MANNER is not proper.