Anonymous
04 January 2011 at 15:55
Wife put up Four 498a cases in previous years & compromised at PS itself & hence no case closure documents done.
Now this year too booked 498a on pretext of her word to be reigning over husband and planning to compromise once again.
She is ready to mention in case closure paper in terms & conditions that she would not approach court/police in future.
Question
1) Will this writing binds her legally in future, Yes or No
2) ortherwise what tomorrow she can again put a fresh case allegating that husband is once again harassing? Will again 6th 498a can be booked in another PS? Is this possible?
Anonymous
04 January 2011 at 12:55
i'm the owner of land.. i gave only the development rights in respect of that land along with p.o.a. to one person.. that person without my knowledge assigned the development rights to another person and also executed p.o.a in favour that person.. that 3rd person on the basis of very p.o.a. vide Sale Deed purchased land by himself... the very p.o.a. which i have executed didn't contain any rights as to sale purchase of that land.. i have filed complaint u/s. 420, 418, 406.. can process be issued in these circumstances??? how???
Anonymous
04 January 2011 at 09:41
section 324,325 I.P.C now it is bailable or non bailable?
Anonymous
03 January 2011 at 23:04
what is the procedure to recovery of decree amount awarded under The Protection of Domestic Violence Act, 2005 in India?
Anonymous
03 January 2011 at 20:21
I had filed a 498A Quash case in HC- Allahabad which was referred to mediation granting us Stay arrest. Now the mediation dates were attended by us but the other party did not attend now the case will be sent back to HC.
timebeing the chargesheet has been filed at CO office but have not yet reached the court so we havent received the summons to apper before the trial court.
1. what should be our next step to ensure that our bail is in place.
2. On the date when we are asked to appear before the trial court we will be without bail as arrest stay is valid for police so what is the procedure for bail- when we appear before the trial court will we be granted bail or are there any chances of arrest. I being the main accused had secured bail in June when the case was filed.
3. If there are any chances of arrest shall we go for Chargesheet Quash to HC again in that case would we need to withdraw the FIR quash case.
4. As a general opinion what is your opinion on granting of bail from trial court in 498/406/502 charges to family members ----no 323 charges.
4. Even If I go to HC the case wont be quashed so bail by filing Chargesheet Quash would also be temporary and will provide a temporary relief ( dont know how much time can HC take but dont feel more than a year).
Please suggest next steps. If the other side challenges grant of our bail at the time of appearence in trial court can that be rejected.
Please advise as I am about to get the summons shortly so need to be ready for the next steps....as my parents are old and to avoid risk I can go for Chargesheet Quash that can atleast provide temporary relief.
Anonymous
03 January 2011 at 20:19
Sir ,
pl Suggest me, if a person has been arrested under above mentioned sec. is it possible to enlarge him on bail by the Magistrate without calling police case diary.
Anonymous
03 January 2011 at 18:27
In a private complaint U/Sec. 494 of IPC, can a complainant asks the court U/Sec. 70 of Cr.P.C to issue NBW against the(alleged second wife of A1)?, who is not yet served with any notice or summons of the Court( Remains un-served). The plea of the complainant is 2 1/2 Yrs period elopsed and 3 times the summons were issued evaded ! 1. Under RPAD (returned unserved), 2. Thorugh Bailiff of the Court (Accused/Addressee not present on that time i.e un-served) and finally 3. Through an Advocate-Commissoiner (Same repeats i.e Accused not resinding in the said address, un-served. The Complainant filed a petition as above said as to issued NBW through its Court under its Territorial Jurisdiction.
My question is without serving the Notice or Summons on the Accused can a Complainant asks NBW's under Section 70 of Cr.P.C is that petition is maintenable ?
sachin sethi
03 January 2011 at 17:40
Can a person accused of any offense, call the complainant of the case to be examined as a defense witness????????? Factual background is that complainant was though cross examined previously when he appeared as witness in support of his case,, but previous Ld. Counsel failed to cross examine him on material aspects of the case,, after that an application filed by accused under section 311 Cr. P.C. to recall the complainant for further cross examination has been dismissed.....Please help with any case law also on the point of complainant as defense witness...
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Issue of NBW in NI 138 cases.
I am preparing a writ petition to be presented shortly before SC regarding gray areas of NI 138 prosecution.
1) While on one hand the SC in Mehtre case dt 2.12.10 , has given direction that bail is right and jail is exception even in murder case ; but in NI 138 cases which is financial dispute given criminal procedure , the accused are being harrassed with NBW for unreasonable grounds.
2) In the act and procedure there is no provision that the accused can contest the illegality of case before trial.
So the provisions conflict with fundamental rights.
I request all concerned to assist me with their inputs and follow up action.