vsreddy
06 April 2011 at 22:46
Where A1 (husband) has not appeared in the court from the beginning can A2 and A3 (parents)have the right to seek a split trial (seperate trial for A2 and A3 without having to wait for A1 s appearance ?
Does the magistrate has the power to refuse? if so, on grounds?
What is the procedure to seek a split trial?
vsreddy
06 April 2011 at 22:29
can a family court or a immigration desk at Airport are empowered to seize or impound :
a. passport of an Indian Citizen
b.Passport of a foreign citizen (PIO)
Passport act says that other than passport officer others don't have the powers but there are hearsay and rumours that central govt. have issued a G.O. empowering the family courts.
can I be enlightened on this?
vsreddy
06 April 2011 at 22:23
in the context of a 498A case in a family court:
where A1 (husband) who is an NRI does not appear in the court from the beginning and where A2 (father) and A3(mother) have been attending adjournments regularly.
Can the bail of A2 and/or A3 be cancelled for want of the appearance of their son (A1) in the court proceedings. If yes, under what law and procedure or whether the magistrate is empowered with discretionary powers?
If the cancellation really happens what is the relief available to the A2 and A3?
Anonymous
06 April 2011 at 22:01
i am herewith sending my written arguments plz verify or modify and give suitable decision for submited into the court on or before 19-4-2011
Anonymous
06 April 2011 at 21:52
RESPECTED EXPERTS,
One month back my agriculture land caretaker visited my village.As he was a habitual drunker that day also he got drunk and started to distributed the people in market place.At that time my younger brother was also present there and after seeing my younger brother he started to asked for buying one bottle of wine for him.My younger brother try to persuade him not to disturb my younger brother and other people many time but he insisting for one bottle of wine.Thereafter my younger brother slap (one time) and pushed him and asked him to go home just to safe him from the anger of people as the people there was getting angry on him for his unwanted behavior.After that he left for his home.
On next morning I was informed that he got ill so I rushed to his house and I take him to Hospital. In hospital his relative came and I came back to my village.Latter on I was informed that he died.
Again two day after the incident i was arrested by the police on the charge under section 204/304 and I was kept in jail for 5 days though I am innocent in the case.It was only after arrest of my younger brother I was released on bail.
Now after investigation police also submitted that I am no way involved in case .But the Judicial Magistrate First Class did not discharge me on the ground that as section 304 is trail able by the Session Court, he/Judicial Magistrate Frist Class has no power to discharge me.
Now my quires are:
1.-Is the stand of magistrate right??
2-Is insert of Section 304 right in this case??? as the medical report also said that there was no injury mark and deceased had a chronic disease.
3.Do magistrate has no power to change the section wrongly inserted by the Police in this case.
4.Possible remedies for me and my younger brother.
5-Meaning of section 204 in this case.
6-Any other legal advice with citation of SC/HC.
Thank's in advance
Janak Raval
06 April 2011 at 21:27
Is it mandatory to to the lower court when we have already anti cipatory bail of accused?
_if no then pls provide me the latest Judgements of HC as well as SC.
Thanks
Anonymous
06 April 2011 at 21:16
as a layman in simple lanugaue in brief if possible meaning of Grounds Of Appeal & Memorandum Of Appeal.
1) Applicable to criminal case or only to civil cases , SLP &any writ petition.
(Grounds Of Appeal & Memorandum Of Appeal.)
try to help me out it will be very much kind of u all.
Anil
06 April 2011 at 20:24
ICFAI University filed criminal case against me
I have initially taken admission in ICFAI distance learning MBA
Program. I have paid 10000/- initially and agreed to avail the EMI
facility through post dated cheques for next 15 months.
Due to some reasons, i had to withdraw myself from the course for
which i was advised to provide the stop payment instructions to the
bank by the study center.
There was lot of emails exchanged between my self & the university. I
have intimated them many times through email that the reason I wanted
to discontinue the course. Even after my repeated request they
continued to send me legal notices.
I can also forward you all the e-mails where I requested them to
discontinue the course.
Now they have filed a criminal case on the file of III Additional
Chief Metropolitan Magistrate, Hyderabad under section 138 of
Negotiable Instruments Act. This intimation letter has come from
"Icfai University" not from court or lawyer.
I understand that i would need to consult a Lawyer to answer them legally. However, the case is filed at Hyderabad & i stay in Bangalore, i would need to go to hyd? Kindly refer me a lawyer whom i could consult in bangalore/Hyderabad
Anonymous
06 April 2011 at 19:57
with reference to my earlier question i welcome the suggestion.
I intend to bring to the notice of them that the accused in this case has already made application in the court of Judicial Magistrate before one year and thereafter the till last oneyear prosecution did not submitted the chargesheet copies despite reminded by the Magistrate to Public Prosecutor.
In such circumstances the question was asked for further action to stop harassment.
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deputation orders mandatory
In the 498a case as here under:
Original Jurisdicition[marriage & last residing]
Wrong Juridscition[case filed and parental home of women]
In the above pare what is the procedure when the first IO[actual] deputes second IO[SHO] for verification at original jurisdcition
Any orders/memos should given to second IO
by the first IO itself, if so, first IO has the powers himself to do so?
OR
Any orders/memos should be taken from the magistrate for by the first IO to depute a second IO for verification in original jurisdiciton.
Can anyone answer with your replies
Note:Question raised such that, the same[deputation] was written in the charge sheet.