A.P.Rajagopal
30 September 2010 at 18:51
respected sir's
i have filed a a cheque bounce case before judicial magistrate and the same has been dimissed at the initial stage, when the complainant was absent and no representation made by advocate also. whether the case can be reopnened in the same jm court r appeal to sessions r high court. what is the procedure to be followed ? n is there any authority to reopen in the same jm court
advocate raj
Joyjoyee Sen
30 September 2010 at 16:02
Dear Sir My brother had an affair with a girl of Delhi and she was very suspicious of every woman connected to my brother. At the time of her committing suicide my brother was in Cooch Behar his hometown. She committed suicide leaving a letter in which no where my brother's name was mentioned and also on that it was not mentioned that she was going to commit suicide. All the family members after the incident given statement to the police that she did bad result in exam and was frustrated and committed suicide. But her parents after few months of the incident changed their statement filed a complaint and the case was filed against him. In the charge sheet also nothing is written which can go against my brother. But now what is they doing to harass my brother they are not coming on court on due date making unnecessary delay in the decision. For last 3 years the case is going on. My brother has lots of opportunity to go abroad but due to this he is unable. Now all the witnesses is complete and only cross is remaining. The date of cross was on 4th June, 2010 but this time also they had taken another date and the next date was fixed on 4th Sept, 2010. On 4th Sep, 2010 my brother went to court and suddenly he heard that the case is shifted on another court and from there he got another date which is on 4th of Oct, 2010. Now my question is will it effect the merit of the case? As the case was almost in last stage now we afraid that the new judge completely unaware of the fact can ruin my brother's future? We are spending days in agony. My father had a heart attack due to this. How many more dates they can get from court? Is there any limitation or they can take dates after dates? Please Sir suggest. Regards Joyjoyee
Anonymous
30 September 2010 at 15:24
Dear Experts,
Wife filed false 498a complaint against us and pending at police station for 2 yrs without FIR. We wanted to transfer all my father's property(self acquired)to my sister by Will, So that the property will be inherited by my sister after father. Can the wife claim any residential rights(D.V Act) in the house once it is inherited by sister?
Anonymous
30 September 2010 at 14:58
Can Accused ask for translated copy of statement of witnesses, if the trial is being conducted at a place, where language used is not known to accused.
Mitesh Dave
30 September 2010 at 12:17
hello LCI...
i want to know about chances for bail in ipc 302.. (sentence for life imprisonment.)
can i succeed in this case..
plz advice me... i am going to apply in high court.
thanks...
aditi mungi
30 September 2010 at 11:48
the accused is acquitted. what is the next step 1. Criminal Revision in District court 2.Appeal to high court
Member (Account Deleted)
30 September 2010 at 00:00
I have a question that I was charged under Sec 498A and the chargesheet is not yet filed. The case was filed in May but the police came to arrest me in July so its almost 90 days after the police action. The IO during talks says that the other side is asking her to delay filing the Chargesheet. Is there a specific reason for the delay being asked for by them.
I s there any legal implication the background being I have a regular bail but my family members are on a Stay arrest order via mediation centre clause so until mediation centre report is out the stay is valid.
Please suggest
Anonymous
29 September 2010 at 23:00
Hi Experts,
I need your advise on my matrimonial case. Please guide me appropriately. Details of my case are as follows:
1. I and my wife were working in the same office and we got married on 21st April'08. It was an intercaste marriage - me being punjabi and she being JAAT. The girls parents and relatives were against this intercaste marriage but she somehow convinced them. I was staying in Pahar Ganj(Delhi) and she was staying in Dwarka (Delhi) before marriage.
2.We purchased a house in joint name in Ghaziabad (Indirapuram) before marriage (her parents were not aware about the same). I paid Rs. 8 Lacs as black money to the builder and we took a loan from HDFC for 22 lacs rupees. BUT we got the flat registered for Rs.19.50 lacs instead of Rs.30 lacs. And, next days after marriage we shifted to our new house.
3.After marriage her parents' interfare started and it ruined my family, they wanted my mother to be out of our house which I refused, so she left the home on 17th December'2008 and while going back she took away her jewellary and also took along my mother's gold jewellary as well.
4.After that they started demanded 6-7 lacs rupees (blackmailing) me else they threatened that they will file dowry case against me. I refused to fulfil their demands.
5.After she left the house (asking for divorce), we both stopped the EMI of our housing loan because that was in joint name.
6.I had also submitted 2-3 complaint in nearest police station (1st complaint being on14th Jan;-09), SP Office and ssp office in Jan'2009 clarifying the intentions of my wife and her parents stating that they are threatning me to file a false dowry and harassment case against me etc. and also mentioned about the jewellary and articles she had taken while going back.
7.On 14th Jan'09 ONLY she also filed application in CAW Cell-Dwarka,New Delhi- I attended the dates regularly without any fear(because I had not committed any crime), wife submitted a false list of 10 lacs rupees claiming wedding expenses.
8.I took anticipatory bail from Delhi (Tis hazari Courts) on 20th Jan'09.They on this, they filed a FIRon 9th Feb'2009 in P.S.-Indirapuram u/s 498A,323,504,506 & 3/4 DP ACT. The best part was that SHO of Indirapuram P.S. was their relative. So they tried to harass me in police station, threatening me but I was not arrested. Immediately, next day I went to Allahabad courts and got stay on arrest against the said FIR against all accused(mother,uncle and me).
9.Case was referred to mediation center in Allahabad courts in March'09 but no compromise was done and mediation failed. And, i did not apply for a regular bail as of now.
10.After returning back from mediation center, wife filed application u/w 12 of DV Act in Dwarka Courts (Delhi) in April 2009. The case is still going on and on and on - and I am attending all the dates regulary without any lawyer.
11.The trial started for DV case and we were still talking to each other (because of same office), talking to each other on mobile phone, landline, going around in weekends-finding for a solution but we could not come to any conclusion or compromise.
12.Now, she filed Divorce case as well in Dwarka Courts (1st date was on 18th August and next hearing is in November).
13.Because of Non-payment of housing loan, I was told by HDFC bank to vacate the house, so I had handed over the peaceful possession of secured property to HDFC in March 2010. They have sealed the house and now they are trying to sell that.
14.I have recently changed my job and because of new job (monday to saturday), its difficult for me to attend the courts going forward.
Now, I need your advice on the below:
1. I do not wish to give divorce to my wife against the false Divorce case filed by her in Dwarka Courts. In how much time they can get ex partie orders-if I do not attend the court because of my new job?
2.Should I file for Sec-10 (Judicial Seperation) ? Will it help to postpone the divorce?
3.Is it possible, if I appoint a lawyer to attend the court on my behalf for Divorce case and Sec-10 case, if I am unable to attend the court?
4.What is the impact of false list of 10 lacs rupees, submitted by my wife - claiming wedding expenses? The list is completely false, and they will not be able to prove anything in the court regarding this list.
5.My wife is earning Rs. 32000 pm. Can court still order maintenance ? She is claiming approx. 20,000 per month as maintenance in her DV case.
6.I have already submittted copies of her salary slip in my reply (I was able to arrange her salary slip because of our same office).
7.I had submitted 233 pages reply proving/showing all allegations mentioned in her 20 pages DV case were 100% false. Still just wanted to know - Will I have to give any kind of maintenance or permanent alimony to her, incase of Divorce?
8.Can I file / Should I file any counter case-civil/criminal against my wife and her parents to harassing me(filing 498A against me and my family) and also for submitting false statements in the courts?
9.Can I claim 50% amount from my wife against the black money, we paid to the builder at the time of purchase of joint property? She is well aware about this blackmoney.
10.Also, please provide any valuable inputs/suggestions regarding this case.
vinod bansal
29 September 2010 at 22:33
R/Experts
In my case u/ss 154/160(2) Railways act,investigating officer recorded statement of some persons during investigation,but didnot cite them in the list of prosecution witnesses and now investigating officer in his court evidence exhibit that statements of other persons,who were not present in the court.Though my objection was recorded being inadmissible evidence.what is evidentary value of this exhibit. Kindly suggest.Thanks
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Identification by an advocate in an affidavit
An advocate has identified a deponent to the affidavit who later turned out to be an impersonator. Is the identifying advocate liable for criminal action ? There is a case law to this effect in:
1) New Delhi Bar Association Vs. National Capital Territory of Delhi, Govt. of Delhi
2) Balbir singh Vs. State of Punjab
3)State of Maharashtra Vs. Poona Bar Association.
Can anyone please furnish the copy of judgement with citation in these cases ?