nilesh rathi
10 July 2011 at 14:46
If an SLP is sumarily dismissed ,only by --"dismissed " order, but while dismissing the judges verbally saying that "we are not inclined to admit such matter", when the merits of the case and the provisions of law are totally overlooked on the name of sympathy and emotional grounds----THus there being gross miscarriage of justice,
plz guide me the further remedy -line of action availabe with me, certainly when my constitutional right . and natural justice has been denied.
CAN I FILE A REVIEW PETITION
OR SHUOLD I FILE WRIT UNDER ART. 32 FOR INFRINGEMENT OF MY CONSTITUTIONAL RIGHT
I REFERRED RUPA HURRA V/S ASHOK HURRA SUPREME COURT CASE
Anonymous
10 July 2011 at 14:41
I am staying in jurisdiction of Andheri Police Station. My father died intestat and the two brothers who are residing in jurisdiction of Juhu Police Station have committed frauds in the business and assets of father. Pl. advice :
1) With which police station I have to register my complaint for FIR ?
2) What I should do if police does not register the FIR ?
Anonymous
10 July 2011 at 13:29
One tea stall vendor is running his shop illegally by encroaching some govt. land next to our front yard wall. He has occupied almost 2/3 of or front yard wall, leaving us just the passage to enter our house. He has been running this for last 7-8 years.
We complained this to local municipality. But no action was taken from their side.
Since me and my brother work outside of the state, we couldn't follow it up with authority regularly.
Now he has kind of consolidated his place, and creating all kind of nuisances.
Now he is also claiming that he has a valid license to run the shop..
But from our friendly sources, we got to know that he has got a license for some other land, but since his business runs profitably here, he says to everyone that he has a valid license to run the shop.
I have recently filed a RTI with municipality to provide documents related to its license, and waiting for that.
As far as I know, the standard legal procedure to evict him might be slower. So while we file a case in court, he may continue to run his shop peacefully for years till the judgement given.
Please let me know what are the legal steps that can be taken to evict him at the earliest?
Thanks
Anonymous
10 July 2011 at 12:01
Roznama of Proceeding means what?
What is the meaning of Roznama?
Unmarked documents are not evidence any case than requesting to the members to give me.
If any High Court ask the documents for the reference than the lower court for where the high court ask the documents also should give unmarked documents to the High Court for reference.
what do u mean by charging section & machinery provision in both civil & criminal cases & Tax Cases.
Any case given for the above matter than do post it here & LD members opinion required.
Thanks
Ajay Kumar Reddy
10 July 2011 at 09:40
In my case 498A is on malicious ground because when she and her parents got Jamanti warrant on IPC 406 then she applied for the 498A case on me and my parents. So I need urgently required citation in which 498A case is done on malicious ground. Please treat as urgent because it is in last stage i.e. final argument.
Ajay Reddy
kuldeep kumar
10 July 2011 at 07:35
this section is based on discrimination in as much as it says punishment shall be as like an abettor.day and night diffrence between engagement and agreement.support negative & positive
Anonymous
09 July 2011 at 23:54
Sajjan Raj Surana vs Jaipur Vidyut Nigam Ltd. & Its Aen on 18 December, 2001 (requesting to the LD members to give me this Case.)
As there are several Judgements of High Courts & Supreme Courts that, Criminal Complaints are not maintainable U/S. 420 of IPC for the Offence U/S. 138 of NI Act. It means if the case is registered under this section then it is not a criminal case. It is civil case.
thanks
Anonymous
09 July 2011 at 23:50
In case of extreme urgency when the matter is represented to Registrar General in concurrence the CJI, the matter is taken up at the residence of the judges. So the matter which has been decided in the residence of the judge or CJI is valid? What is the process to bring it to the court & start the trial process or the matter decided in the residence is not repeated again. Actually what is the provision in law in case of emergency the matter can be taken in the residence of the judge & CJI
Standing warrant means & when court can issue it. What is the time limit after that it expiry.
Hi Thanks to every body.
Advocate Vasundhara
09 July 2011 at 23:18
Sir/Madam,
I am advocate practicing for last 3 months. My senior died unexpectedly, so some of his cases have come to me. Sir, I am now handling a case: Details are as:
1.case booked u/s 338 in 1999.
2.Case status - Evidence
3.Total 12 Witnesses. Witness 1 is the complainant, w2 is also complainant, w3-w7 are persons who saw the accident, w8 is doctor, w9 is some expert witness, w10 is constable, w11 is IO who conducted investigation, w12 is IO who filed chargesheet.
4. Out of 12 witnesses, only w12, w10 and w8 came for court to give evidence. All other witnesses including complainants did not come to court inspite of repeated summons.
5. Case is now posted for cross-examination of w12, w10 and w8 in next month.
w11 is the IO who conducted the entire investigation, retrieved evidence, collected witness statements etc. wll retired and settled in USA now. He will never again come to court now. So now W12 ( the IO who just filed chargesheet) came to court and gave witness and marked the exhibits.
My question is, how w12 who never conducted investigation or collected documents, can give evidence about the case details?
How can w12, mark the exhibits in court?
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exhibit of documents in court - IO transfered
In a case of mine, First IO investigated the entire case, collected all the evidences, recorded witness statements etc. Then he got transfered and now retired. Now he is settled in USA. In the meantime second IO took over the case and just filed the Final Chargesheet in court.
The first IO never ever came to court for chief examination. So the second IO deposed in court and gave evidence. He exhibited the evidences, which were actually procured and investigated by first IO.
Sir/Madam, My question is
1. How can the second IO exhibit those documents not collected by him?
2. Should I file any objection now?