Shruti Shruti
20 December 2018 at 05:11
Hi Experts,
Chances are there for the acceptance of condonance of delay petition for SLP with the main reason as High court petition was not intimated to the petitioner neither by court summon nor notice n police / app. Police was in favour of the opponent party. Hence this.
This reason will be accepted in supreme court for slp delay ?
Anonymous
19 December 2018 at 18:59
Hello
If someone has taken a bail surety and court has asked for cash plus property as surety , now the person who is surety want to sell that property...can we approach court and do we need to give another property against it or extra cash as additional surety?
How does it work?
ris reyan
18 December 2018 at 17:17
A married woman (not divorced) having a child of 5 year has filed a FIR against my friend under section 376 and 417 IPC. She has written on the FIR that my friend on promising of marriage had sexual intercourse with her. Does he is guilty under ipc?
Anonymous
18 December 2018 at 17:07
A married woman (not divorced) having a child of 5 year has filed a FIR against my friend under section 376 and 417 IPC. She has written on the FIR that my friend on promising of marriage had sexual intercourse with her. Does he is guilty under ipc?
Basant Kumar
18 December 2018 at 15:35
Dear Sir,
My wife filed 498a, Female foeticide, DV case against me and my family on feb'18 FIR got registered in March'18. All of the family members were called upon to the Police Station. We submitted all the proofs. After the meeting held under the ASP with the girl family and my family together, where I proved how she is lying by providing medical documents, train tickets and other documents.
Police has just submitted the Final Report in the court and shown that due to lack of evidence no family members including me primary has not been charge sheet-ed. Final decision from court yet to be received. However, we have come to know that court has asked the petitioner to come before the chief magistrate for any protest but no one from my parents in law family turned up in the first date. Now, they have filed the protest petition.
Please let me know the next step. Can I go for Quashing the same at High court.
Regards
Basant Kumar
V. Agrawal
17 December 2018 at 19:31
I was involved in an accident with the 2-wheeler coming from the wrong side. After giving appropriate first-aid, they demanded tons of money from me. I refused and asked for police to be called. They refused. As I was also afraid of police I also let it go. I thought the matter was settled as they weren't ready to take it forward.
Now 20 days later I came to know that was a huge mistake. Those guys went to police station and registered a case against unknown person. Their version is somewhat strange as they claim that a car hit them and they were taken to hospital in the same car. But, the person taking them to hospital was not the person driving the car instead it was other nearby people.
So, the police called me to come down to Traffic PS for 30 minutes along with license. I asked them about my options. I tried to gather as much information as possible about my options:
1. FIR will be cancelled.
My understanding is that FIR once registered cannot be cancelled. I tried looking up the FIR on ecourts site but it doesn't anything. Does it mean the FIR has not been filed?
2. Settle with the other party.
From what I can read on the forums this is not possible as the case is 279 is not compoundable. So, this has to go to court.
3. Let it go to court and plead guilty
But, then I dint do anything wrong.
So, what are my options.
sunderam s
17 December 2018 at 14:55
Dear Sir,
Kindly suggest that my bail is canceled by the lower court in case of 498A. Reason was mentioned that not paying outstanding amount of maintenance as fixed by family court.
i am paying regularly of Rs 10000/- as per ex party order of family court as well as order of the patna high court in bail order. Some of the amount was outstanding about Rs 2lacs prior to the order of high court. i appeared before the lower court and requested to the Magistrate to kindly note that my previous job was lost by the conduct of wife and i am earning very small amount and also suffering from illness as per prescription of doctor although i am paying the regular payment per month as per ex party order of family court as well as order of Patna high court. But, the lower court set aside my bail and order to issue NBW .The next date is fixed on 4th January,2019. it is to be noted that my bail is canceled by the charge court because original court is vacant till now.
my question is that to take your kind suggestion :-
1. can Lower court give this Oder of bail cancellation as the charge is already framed in 498A and summon was issued to witness of wife side for appearance in view of speedy trail as all the accused is participating to cooperate with proceeding without any fail ?
2. Bail is a way of recovery of money? in such cases the order of lower court is unfair or not ?
3. Can charge court issue such order ?
4. i am fulfilling two condition till now paying 800/- pm as per interim order of high court as well as final order for payment of Rs 10000/- pm as per ex party order of family court but wife side is not withdrawing the amount deposited of Rs 800pm which is now in excess of Rs 40000/-. what is indicating from wife side ?
4. how can i fight against the bail cancellation order ?
5. can i file appeal before the high court or session court ? my lower is saying to before the High court .
kindly suggest what to do in the above situation ?
Irondeb@8
16 December 2018 at 23:36
Hi Due to some bad investment I an unable to pay personal loan EMIS- taken from NBFC and Banks, the montly outgoing EMI s are 2lakh and above but my monthly salary is 1 lakh working in IT firm Any how I was managed last 6 months but this month onward I am unable to pay and the collection agencies as well banks calling and abusing, I want to pay but need time to pay these amounts, please help
Irondeb@8
16 December 2018 at 23:19
Hi Due to some bad investment I an unable to pay personal loan EMIS- taken from NBFC and Banks, the montly outgoing EMI s are 2lakh and above but my monthly salary is 1 lakh working in IT firm Any how I was managed last 6 months but this month onward I am unable to pay and the collection agencies as well banks calling and abusing, I want to pay but need time to pay these amounts, please help
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Regarding jurisdiction
My short summary (I married in osmanabad as per hindu rituals and we both started residing in pune, Further my wife left my residing house went to osmanabad to her parents home ,and declared on election affidavit that she is unmarried on nomination paper,Then I filed IPC 415 and IPC 417 against my wife in pune court )
My case is running in Pune criminal court , then Judge framed charge, Now Judge wrote this information as below:
I have passed an order of framing charge u/s 417 of IPC against accused (My wife) today. While framing charge ,it appears that allegation are of comission of crime at Osmanabad .Complainant deposed at Exh.19 that accused has mentioned false information while appearing in Nagar Parishad election.On the basis of these allegation he says that he and government office has been cheated .Complainant resides in juridiction of this court (Pune). Therefore the private complaint case was inistituted in this court,However the cause of action appears to have occur at osmanabad,place where accused had allegled submitted false declaration regarding her marital status.I am therefore of this prima-facie view that this court does not have jurisdiction to try this cases ,So I am not framing the charge against accused .
Complainant is directed to convience this court regarding Jurisdiction...
which will be the jurisdiction pune or osmanabad ?