RAMESH. V.L., Advocate
27 April 2011 at 16:38
I am not a criminal lawyer practicing in civil side,,, but due to family pressure i took one 498-a case of my neighbour they have very much confidence on me.... wife filed 498-A case against Husband for not mending to her demand of making a separate house for their family,,, the spouse hv one girl child in the custody of Mother.. now the said matter is posted for arguements,,, even am also trying to search some citations... but some one who helps me means i will be greatful to them. thank u.....
Anonymous
27 April 2011 at 15:17
When a petition by one co-accused has been rejected, does it necessarily mean that another petition by the other co- accused (though on different grounds), will be rejected merely on the basis of the first application? Need case laws that say No, the case has to be tried on merits.
JAIME
27 April 2011 at 14:55
SIR,
IN ORDER TO OBTAIN CONSTRUCTION SANAD FOR AN AREA OF 425 SQUARE METERS A PERSON WENT TO THE EXTENT OF IMPERSONATING THE PERSON WHOSE NAME APPEARED IN FORM I&XIV OF THE PROPERTY. IT WAS REPORTED TO THE DY COLLECTOR AND THE POLICE STATION OF THE OFFENCE AND A COMPLAINT WAS FILED BY DEPUTY COLLECTOR BEFORE THE JMFC. AFTER GATHERING THE EVIDENCE OF HANDWRITING ANALYSIS CHARGE SHEET IS FILED BEFORE THE JMFC. LATELY DURING INQUIRY IT WAS INFORMED THAT THIS CASE WAS FOR ARGUMENT BEFORE TRIAL. THE IMPERSONATER CLAIMES THAT HE WAS FALSLEY ACCUSED BY THE COMPLAINANTS. THE IMPERSONATER CLAIMS HE HAS BY MISTAKE AND WITHOUT KNOWING SIGNED THE NAME OF THE PERSON APPEARING IN FORM I&XIV AS IT IS AN ALIAS NAME OF HIS LATE FATHER. THE FATHER'S NAME IN BIRTH CERTIFICATE OF THE IMPERSONATOR DIFFERS FORM THE NAME APPEARING IN THE SAID FORM. MOREOVER THE ASSISTANT PUBLIC PROCEQUTOR IS THE WIFE OF THE LAWYER REPRESENTING THE IMPERSONATOR IN A CIVIL CASE IN CONNECTION WITH THE SAME PROPERTY THAT WAS LATLY ENCROACHED AND FRAUDULENTLY PARTITIONED PREVIOUSLY. THOUGH THE IMPERSONATOR HAS ANOTHER LAWYER REPRESENTING THE CRIMINAL CASE, THERE IS EVERY LIKELYHOOD OF A COMPROMISE AND FAILURE ON PART OF THE APP TO PENALISE THIS CULPRIT. I AM THE COMPLAINANT IS THERE ANY THING I CAN DO TO PREVENT THE MISCARRIAGE OF JUSTICE.
Husne Mubarak
27 April 2011 at 11:51
Dear Experts,
I have the following queries:
Q1- what are the practical differences between Judicial custody n police custody?
Q2- How and When does a person get Judicial custody instead of Police custody?
Q3- What is the maximum duration of Judicial custody?
With Regards
Husne Mubarak
shekhar dammani
27 April 2011 at 11:35
resp sir,
i m shekhar fr raipur india,
i have a query... plz guide me simply..
i was the first secretary in my residencial society. the society is unregistered yet. i had created 2 email id's of society to communicate to owners. many owners are residing outside the city limits n need to get awared regularly regarding happenings. now since january 16th, working is handed over to new body & i handed one id to new secretary & kept one id myself. the reason behind not handing over another id is because it contains all the important discussions with the owners residing outside the premises. mind it that new body is not an elected body thru procidure & it has handed over between mutual understanding.
now i still keep awaring the owners the facts. some wrong feeding was given by the new body, so i clarify them with evidence & facts. but there is no defaming language used for new body, only the word "ignorance" has used for them... like - "they shld have not shown their ignorance".
IS THAT A CRIME, OR A CYBER CRIME..
plz guide me.
thnx.. shekhar
JAIME
27 April 2011 at 00:47
SIR,
COULD SOME ONE BRIEF ME ON WHAT IS ARGUMENT BEFORE TRIAL?
Arvind Singh Chauhan
26 April 2011 at 22:09
Please seniors tell me where is the following provision.
1.if accused is released on bail by IO, we have to ask bail from court again, while the purpose of bail has been finished and investigation has been completed,now there is no chance of tampering proof and accused is present in court, obeying the order of court. Why we have to seek bail again from court ?. Allahabd HC held in one case that if IO has released on bail on same crime number, court should not ask fresh bail bonds.
2. After taking cognizance, Accused is summoned by court. But while appearing in court, court ask for surrender application. Why?
It has been a tradition or there is any provision? Please refer provision or apex court's citation reverting this, if it is only a tradition.
Anonymous
26 April 2011 at 20:32
I am in the travel n tours business in Mumbai and currently engaged in a financial dispute with one of our suppliers whose Head Office is in New Delhi and have a branch office in Mumbai.
They have sent us a notice US 406 and US 420 in respect to the payments due on the account which we are disputing due to deficiency of service from them. We want to know that we want any legal proceedings to happen in Mumbai as we are dealing with the Mumbai Office and all txn have done in Mumbai and the notice threatens to file charges in New Delhi.
How do we respond and proceed in this regard.
Anonymous
26 April 2011 at 19:15
In this forum Family a question has arised & the answer's brought some dought to me so pls clarify it. With Respect.
Question :Kindly guide me : Some persons of society like Section officer of govt Department, President of Church Committee, Partor (Priest)of Church, Local Union Presidents, Local Political Party President of area verify on a plain paper that a Husband beating his ABC(wife)and lodge FIR against Husband under 498a. Please let me know that Can a husband file Defamation case againt all persons because the huband did not know and they also did not know husband. Husband is residing in some other city
Answer was given by the LD members was below mentioned.
Answer : Yes, he can. But before taking any action, Husband has to issue notice to the concerned person either to apologize or to prove the truth of the contents.
If those persons are shown as witnesses of that case then the statement u/s 161 crpc does not attract defamation.
So my query is this
1) But my question here is why the husband has to give a apologize letter to the concerned person’s who has filed a FIR on him why? Because as section 499 of the IPC, 1860 does not say that the person against whom a FIR is lodged & that person if he has to file a case u/s 499 against a person who has file a FIR then he/she has to file a apologize letter first to that person who has filed a FIR & then only he can file a case against them U/s 499 of the IPC, 1860 ?
2) It has also been said that the Person’s who has filed a FIR & if he/she has shown as a witness under the FIR column than no case u/s 499 is possible why ? Because section 161 of the crpc & section 499 of the IPC doesn’t mentioned that the person who logged a FIR & if he becomes the witness than we can’t file a case of defamation u/s. 499 of the IPC.
3) So can we say that the witness are safe form u/s. 499 of the IPC. Also we can come to a conclusion that in any cases where it amay be a criminal, civil or matrimonial cases any witness can’t be booked u/s 499 of the IPC. When they are named as a witness under FIR column & even if they insult the person standing front on him under the court during the court proceedings giving the statement whether (chief examination or cross) he/she cant booked u/s 499 of the IPC, 1860. If so than section needs a amend by removing the whoever & restricting to any one but not the witness of the case RIGHT OR WRONG?
4) If the answer is right that on witness we cant file a defamation case than pls provide me the case law of SC.
which say that u/s 499 witness can't be booked.
Pls clarify the issue.
Thanks.
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Road accident case
12th March-2011 time-20.30 evening, my friend Sisu without having driving license purchased a old car ( maruti-model) from a pre-owned car dealer. As he does not know the driving the car dealer gave his driver to drive the car up to my friend house (03km away in same city). on the way both of them went to the temple to perform puja to the car. After priest comleted the puja he put 4 numbers of lemon at 04 wheels of car and handeb over the key to my friend just to move car on lemon My friend did not agree and told I can not,immediate afer he talked with driver if he can assist then he may drive just above the lemon. Driver told yes.
Then my friend went to driver seat and put the key to start the car while driver seating on side seat After few seconds driver instructed my friend to put your right leg on accelerator but my friend did not listen him and avoid him with fear that as per his experience in two wheeler vehicle may run suddenly , but again and again driver insisted him to go for accelerator finally the leg of my friend gone for accelerator and the vehicle suddenly rushed up to 4 to 5 meters and hit a 15 year child leg below knee and a pole aside of the road and stopped ( In hospital child leg has been removed from knee).Before my friend could understand any thing the driver run away in the dark and people beaten my friend and after 30 minutes police came and gave protection to my friend and taken to hospital .{ my friend belongs to Haryana working as an engineer in a private company and accident happend in Salem (Tamilnadu)where common people does not know Hindi and few of them know English slightly}While people beaten no body listen him (He is not only responsible for same but other driver run away ) After on day police called my friend and nothing asked him as police does not know hindi and english and my friend does not know Tamil.police himself through his advocate arranged the bail in court and told my friend in Tamil not to go any advocates place and after wound certificate will come I will send the court for final verdict and you don't have any problem in cut also. After 3 day my friend along with one local man went to police to ask about the FIR and found that FIR is lodged by Third party.As it is Tamil the local man translated in to English and my friend came to know in his name FIR ( IPC-279,337,338) lodged and the other driver name is not mentioned any part of the FIR. Then my friend asked police in english about the other driver police in Tamil told I am not aware about that and fabrication is not possible now, then my friend told its not fabrication its a fact but police not listened and he can not do any thing and tell the local tamil man tell your friend not to go any advocate. The my friend through his tamil friend asked police about the insurance ( as he is not having DL) police told they will get insurance you no need to worry.
Mean time my friend taken care child hospital expenses and arranged a artificial leg and child is about to walk smoothly.
Now my friend is with full tension and his mind went in to depression with a feeling that the compensation money may come to his head as license is not there. mean ime my friend asked the third person who gave the complaint how come you give comlain in my name alone , he told in tamil he has not seen him.
My friend went to the pre-owned car dealer to search the driver they told our driver has no mistake and now he left the job. And next day of the accident they changed the ownership to my frd name i.e. 14th Mrach and transferred the insurance to my frd name on 15th March.
seek your kind suggestions.pls help.pls help, pls help