Anonymous
15 December 2010 at 15:20
A 498A case was filed by my wife against me and my paresnts we took stay of Arrest from Allahabad High Court by filing a Criminal Writ petition under Sec 482 for quashing of FIR. The court directed the case to Mediation centre allahabad and granted stay of arrest until mediation centre submits its report after which the case would be listed in HC. Two mediation sessions passed and the opposite party did not turn up know the third session is scheduled shortly.
I have just come to know that chargesheet has been filed in the concerned court 15 days back. Would this impact the stay of arrest that I have from the high court and is there a use of the remaining mediation session I dont hope the other side would come.
Please guide the next steps that I need to take and does the stay of arrest vacate if the chargesheet is filed though its nowhere mentioned in the HC order
Anonymous
15 December 2010 at 15:02
what is the legal bindings between an advocate and his client. is it prescribed in any law.
whether the advocate can ask money in any form like payment to be made to court staff and if caught can he say that this money is advocate fees.
whether any advocate impersonate him self as advocte, supreme court of india when certain procedures are there to be coe an advocate of supreme court of india .
rAJAN
15 December 2010 at 13:14
sir,
if the notice is served to partnership irm only but at the time of filing the cmpalaint u/s 138 if we hv not got the information regarding the partnrs now how we can involve the peartns in complinat. or to whom the summons be served . if summons ar erved o partnership firm then how the parners will appear in court
Gargi Ranade
15 December 2010 at 12:55
Dear all,
I came across one unique case, same was told by my colleague.
One old lady found her son missing before 5 years , due to fear and lack of resaurces she did not filed any FIR for missing son, later on few villagres came to know that son's friend killed him and removed all the evidences along with his body.
one of his freind is also in police custody in another murder case. However villagers refuse to present themselves as a witness of the confession of Son's friends.
Now if she want to proceed for justice , is there any hope to start investigation in this case without any evidence. How she should proceed.
Please Reply.
Thanks in advance
Anonymous
15 December 2010 at 12:05
What is the best option to do in this situation
1) Wife reconcilled and joined with Husband in inlaws house after 498a
2) Now Wife doesnot want to close 498a,possibly changed her mind,possibly looking for preconditional closure,reasons best known to her.
Now are there any means to say to wife to live seperately, in view of change of mind.
Anonymous
15 December 2010 at 11:59
Typically if all goes fine, how many days it would take to quash the 498a in AP HC?
There may not be any laws on time period, but based on experience & history we can take average or expert judgement
R.SHAH
15 December 2010 at 11:19
Dear all,
can trail court/JMFC/Familycourt/Civilcourt(s.d.) has jurisdiction to decide contempt appln. on the ground that contempt of court happened before this court, by way of filing false affidavit and by false or misleading statement obtan favourable order.
kindly be advise that any court (i.e lower court )has power to entertaint and decided contmept appln.
or
only high courts are haveing power to entertain contempt appln.
yours valuable advise would be highly appreciate.
thanks in advance
Anonymous
15 December 2010 at 11:00
Brief history
498a 2005 boooked in PS #1,compromised
498a 2006 booked in two different PS #1,#2 again compromised
DV 2008 booked,withdrawn in 2009
498a 2010 booked in PS#3,countered with AB from HC.
Now is there any possibility in PS#1,#2 to revive old case & send them to the court?
If yes will 2010 AB is sufficient to stop PS#1,#2 not to arrest or do we need to take another fresh AB for PS#1,#2.
Experts please anwser.
Om Prakash Dhusia
15 December 2010 at 00:58
I am bit confused.
There is general rule of law, that whenever a crime is committed any Indian Citizen can approach the police to lodge the complaint and if the complaint is of criminal in nature it is considered cognigable and police is required to register it u/s of IPC by quoting Crime No. and time/date etc.But normally police doesn't do that and victims are turned away by the police.
On the other hand if victim/complainant is not in the mood to get away then usually in U.P.police ask them to submit an application of the incident and that is termed as TEHRIR.No receipt is given and the victim/complainant remains at the mercy of police.
This is total voilation of Ho'ble Supreme Court directives.
Now the question is if such TEHRIR is registered with no crime no and IPC but later-on,after a few days it turned out to be that some offence was committed and police convert that TEHRIR into an FIR and accordingly Crime.No.nature of crime, date.time etc is recorded.Now the questions are:
1) Would the date of FIR would be the date of that TEHRIR or the date when that TEHRIR was converted into FIR?
2)If that TEHRIR was registered as Nil crime No. with no section of any IPC but with information of Missing of an adult male and some name of the persons with whom he was last seen,would it be considered as an COGNIZABLE or NON-COGNIZABLE INFORMATION?
3)And that TEHRIR did not contain, ingredients of any crime or apprehension or name of any witness etc, does it still be considered as FIR under some cognizable offence?
1)I mean does this TEHRIR considered to be the proper method of reporting any crime?
2)Is it sanctioned by the law by State or Central legislation?
3)Is it a legal mechanism authorised by the Constitution of India?
4)If after conversion some offence found to be committed, then this conversion needs sanction of the court or only consent of the police?
Any answers please.
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Railway Act, Section 55 and 138
Situation:
A passenger takes 2nd class unreserved journey ticket and performs journey exactly as per all the details printed on the ticket. Still, when he arrives at the destination station, the railway staff penalises him for violation of Section 55 and 138 of Railway Act (JOURNEY WITHOUT PROPER TICKET).
Railway's staff says that, that particular train was restricted for journeys less than certain distance on specified portions of the train's route.
Passenger's Stand:
No such information on the ticket, ticket window or train and he has complied to all the information provided to him in the ticket.
My questions:
(1) Is it not the railway's fault not being able to accommodate such information on tickets issued for journeys less than certain distance and on certain routes?
(2) Is it justified to hold the passenger responsible for not having read the Zonal Railway Time Table which tells about such rule?
(3) Is it justified to penalise passenger in above situation?
(4) Whether the information provided in Zone Time Table (given below) CLEARLY prohibits such short-distance journeys and whether this constitutes any penalty payable by the passenger.
(5) Whether violation of Section 55 has been done.
In the light of the above, please give your CLEAR opinions.
-Atul Kumar Khare
---------------------------------------------------------
The rule from Western Zonal Railway Time Table: "This Zone has imposed distance restriction on certain long distance and superfast trains, to restrict short distance passengers from boarding these trains and encroaching upon accommodation earmarked for long distance passengers. However, short distance passengers can be booked in advance on these trains to the extent of intermediate station quota. Ticket checking staff on the station or on the train can allow passengers to travel against vacant accommodation, irrespective of the distance restriction, provided the passenger is holding a journey ticket for or short of the station upto which accommodation is available. Distance restrictions vary from train to train and are applicable to certain section of the journey."