Bhuwan Bhatt
22 September 2011 at 19:30
Hi all,
What is the best way to dispose accidental case quickly.
1. Plea bargaining
2. Victim agrees in front of judge for compromise and judge agrees to compound 338 and then judge allows respondent to plead guilty and pay fine for 279.
Thanks in advance.
Anonymous
22 September 2011 at 15:59
a group has implicated me in false.the court has charged me in many non bailable offence on pvt complaint of group.the trial is set to start .i wish to put in court evidence and document -showing my innocence.are there good cases dcided in sec 227 of cr p c.
can it be possible after hearing ,case may be turned down and group can be declared offender
Anonymous
22 September 2011 at 15:02
Dear Experts,
First of all thanks to all LCI team for such a great site a helpful site.
need ur valuable advice regarding the case.
HC ORDER:
The petetioner is the wife of the respondent. she filed OP NO - XX of xxxx in the family court, with a prayer to declare the move of the respondent to contact second marriage as illegal and opposed to law. she also filed I.A No - xxx of xxxx under order 29 Rules 1 and 2 CPC with a prayer to restrain the respondent from contracting the second marriage. The IA was dismissed on 2010 the petetioner filed CRPMP No - xxxx before this court challenging the order in the IA she also filed CRPMO - no - xxxxx. the court granted an order of interim injunction to be in force for a period of six weeks the respondent filed IA No - xxxx with a prayer to vacate the interim order. observing that the petetioner was absent on the date of hearing, the court vacated the order. the petetioner filed CMP No xxxxxx for setting aside the order, dated xxxx. the said CMP was allowed on 31-12-2010 and the order dated 10-12-2010 was recalled.
This contempt case is filed stating that the respondent contracted second marriage on 20-12-2010. according to the petetioner, the said act of the respondent amount to be contempt of court, since the marriage was contracted before expiry of the time for filing an application to set aside the order, dated 10-12-2010 and even while CRP was pending.
There are clear provisions under the hindu marriage act (section 15) and indian divorse act (section 57), which prohibit marriage by any of the spouses,upto certian periond in the event of the procedings of divorse being allowed. the prohibition operates till the expiry of the period of limitation for availing the further remedy or if such proceding are filed, till the dismissal thereof.
it is true that the parties herein governed by personal law. however, the question as to wheather the principle that a spouse, who is a party to the procedings before a family court, cannot contract another marriage during the pendency of the procedings in a superior forum, applies to the to the petetioners needs to be examined, since the matter is of general importance and the judgements rendered by various courts are required to be considered , it is felt that the matter deserves to be heard in division bench.
PLS NOTE :
1.WE ARE MUSLIMS MARRIED AS PER SHARIAT LAW
2. I DIVORSED HER IN THE YEAR 2009 AS PER PERSONAL LAW.
3.THE INTERIM INJUNCTION ORDERS WERE NOT EXISTING AT THE TIME OF REMARRY.
4.SHOULD I NOT REMARRY WHEN CRP/OP IS PENDING.
Pls guide me if any judgement is there that the court cannot interfere in the personal laws.
thanking you all in advance.
Anonymous
22 September 2011 at 10:06
Is there a time limit- within which correction application can be filed for correction in the final order passed by HC. The case is disposed off after that order.
ajay kumar mishra
22 September 2011 at 10:02
can the district magistrate with consultation with the secession judge prepare a panel of names of persons who are in his opinion fit to be appointed as public prosecutors or A.P.P. for the district as per section 24 of sub section 4 crpc. by not complying the mandatory provision u/s 24 (7) crpc. and if the answer is negative, then can it be challange through writ under article 226 before the Hon'ble High court ?.
Anonymous
22 September 2011 at 03:00
Ladies and Gentlemen,
If anyone could explain the legal differences/implications between Regulated, Restricted, Prohibited, Banned.
Thank you
Anonymous
22 September 2011 at 01:35
Dear and respected experts,
Ajay sir and Burman sir asked falsity of charges How? quashing related terms?
1) telling pregnancy kick given on side and otherside telling she has given a healthy baby birth. out of 9months period of pregnancy no date of kick, IO report,hospital is present in my building and when I did such act no one came at home either neighbours or police. this is possible only when My home is in jungle.
2)she was mentally harass by me and demand of Dowry from the day of marriage , she was not allowed to eat properly at home one side on the other side she mentioned she was house wife and residing alone at home. means husband was cooking and she was waiting for him to come and cook then only it was possible she remains hungry throughout day.
3) claim of stridhan and other articles one side and on other side telling that her parents are not able to take care of her since marriage day as their economic condition was not at all good. trying to say whether husband was checking her purse and other things when she was going out anywhere then only it is possible. when husband remains at job on the day, pregnancy kick given directly from the office , may be after the birth of child.
4) one side saying husband is demanding Dowry and for that he is not allowing her to enter in the home. she tried her level best to contact him but neither he made contact on phone but whenever talked demanded dowry.
herself cleared: a)submitted messages till case filled means fully connected. came and reside two times left herself
b) expectation and demand for medication & hospital charges then again expectation and demand for maintenance then expectation and dmand for mundane of child---- confused situation husband is demanding or wife is demanding------expectation and demand in sequence itself revealed that husbnad was giving thats why wife was expecting for next thing otherwise ----if husband was demanding then wife cannot expect even a single penny in support and tried herself to avoid any type of contact with husband. bolegi acha hai ab kam se kam roj ki kit-kit nahi.
basically in my opinion if wife suffers by any means from husband she directly files for divorce to get rid of such husband who is really harassing her.
but she is harassing husband by all means food, clothes, shelter and do not wanted to reside for work at home which is the biggest hurdle to modern wife and husband is lenient and tolerate his parents dialogue regularly then they trying to test patience of husband.
"bolenge beta kanyadan liya hai to mar"
jise hum bardast nahi kar sakte use tu hi karega. jinda rahega tabtak aur marne ke bad bhi.
wife is sending the electrical signals of revange ki tumne muze ma bana kar na jane kitni jimmedariyon se bandh diya. bat karu ya bahar ghumne jau to bhi ek muz par chaukidari karta hai , bap ya beti.
so sorry sir ghar -ghar ki roti khani
ma-bap ke ghar kam nahi karna padta, bhai bhabhi betha ke khilate hai is umid se dar kar le jayega court ka mamla hai kaha jayega.
divorce filling mein aur other case make difference thats all, my wife will came back soon, my daughter is more naughty than her, calling me chupke se aur bolti hai mummy aapse bahot naraz hai aap a ke kyon nahi le jate hame, nana ji bolte hai nahi chodunga jamai ko aur mummy kahti hai muze hi unhe pakad ke rekhne do aap to unhe maf kar do.
from past three years we are meeting but she is not residing with me I am giving regular maintenance, visiting and roaming everywhere like boyfriend and girl friend that all after marriage.
last year june she filled matter of Dv case from that day we not met , my counsel is telling give divorce if she donot wanted to reside like a wife, her lawyer is telling I will drag the matter for 8 to 10 years and tu buddha ho jayega magar tuze nahi chodungi. magistrate told how u can bound your wife she is free modern female ,
my simple reply was now at least shanti hai man me ki ,to wife court me boli inki jindgi mein shanti hai , he has cheated me---just on this word case filled and now nothing but dates waiting to number show face to magistrate she gives a smile and important thing next date,
thanx in advance, but I wanted to get rid of this case now I lost my job on which I was working from past 10 years
Anonymous
21 September 2011 at 22:22
Dear and respected experts,
wife filled false Dv case . all charges are baseless and documents submitted are fake.
I have sufficient evidences to clear all allegations. deseertion is increasing and unnecessary mental stress also
Today I lost my job also as she complain in the office and submitted copy of her case in the court. I tried to convince but lady boss said no. how your wife can torture natural behaviour. ok.
I had made inquiry for quashing in high court but cost is much high non affordable to low salary middle class person.
may I know is there is any scope to file for quashing DV case along with my charges on her. high court is costly by Adv. charges, is trial court have provided any facility for such quashing.
or It is good to face her trial for months and years. facing her case is not tedious but going to job is essential.
plz tell me what is good?
and plz tell how can I come from such foolish case.
thanks in advance
Anonymous
21 September 2011 at 22:20
iam member of co-operative bank (--- janata sahakari co-operative bank ) .is it come under securitilization ? and second one is this bank have not taken any mortgage from me but this bank is taken action under serface act on the basis previous mortgage which is done for 30 years but that loan is also repement fully in this case what is remedy to filling the case against the bank .
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Plea bargaining for criminal case.
Hi all,
Currently I am facing a trail in court for accidental case under sec 279/338. Currently chargesheet has been filed and charges has been framed againt me and I have pleaded not guilty and claimed trail.
I work for a private organization and need to travel abroad for job purpose. I intend to quickly dispose the criminal case and hence my lawyer have suggested to take benefit of pleas bargaining.
I have also talked to victim and he seemed to be in the mood of compromising.
My question is, what is the best way to end the case quickly.
1. Plea bargaining
2. Victim agrees in front of judge for compromise and judge agrees to compound 338 and then judge allows me to plead guilty and pay fine for 279.
3. Pay money to victim outside the court and stop him from reaching court for next few hairing and then request judge to quash the case as the victim is not tracable.
If I opt for plea bargaining then what can be outcome of this in term of different possible sentences(like pay fine, imprisonment etc). Does pleading guilty using plea bargaining have any impact on job,Visa application(pecularly for US).
Thanks in advance.