Adv. G.Narayan
20 September 2010 at 10:07
Dear Experts/Seniors.
The Hon'ble Delhi High Court on 30.08.2010
in Crl.M.C. 130&Crl.M.A. No. 504/ 2010 has held, that (para 3) -" IT MUST BE NOTED THAT THE PWDV ACT-2005 DOESN'T CREATE ANY ADDITIONAL RIGHT TO CLAIM MAINTENANCE ON THE PART OF THE AGGRIEVED PERSON. IT ONLY PUTS THE ENFORCEMENT OF EXISTING RIGHT OF MAINTENANCE AVAILABLE TO AN AGGRIEVED PERSON ON FAST TRACK. In the same para the Court further says : " THE COURT OF MM UNER THE ACT HAS POWER TO GRANT MINTENANCE AND MONETARY RELIEF ON AN INTERIM BASIS IN A FAST TRACK MANNER ONLY IN THOSE CASES WHERE WOMEN HAS NOT EXERCISED HER RIGHT OF CLAIMING MAINTENANCE EITHER UNDER CIVIL LAW OR UNDER SEC. 125 CR.P.C. IF A WOMAN HAS ALREADY MOVED COURT AND HER RIGHT OF MAINTENANCE HAS BEEN ADJUDICATED BY A COMPETENT CIVIL COURT OR BY A COMPETENT COURT U/S 125 CR. P.C, FOR ANY ENHANCE OF MAINTENANCE ALREADY GRANTED, SHE WILL HAVE TO MOVE THE SAME COURT AND SHE CANNOT APPROACH MM UNDER PWDV AC BY WAY OF AN APPLICATION OF INTERIM MAINTENANCE OR FINAL NATURE TO GRANT ADDITIONAL MAINTENANCE.
Now the question is :'A' a mother has filled an application against her son'B" in a Court of MM in Delhi both U/S 125 Cr.P.C. and also under PWDV Act 2005.The first listing of both the cases are on 25-9-2010.
The case no. of 125 is 27/10 and that of PWDV application is 29/10 before the same Metroplotan Magistrate. That means the case of 125 is listed before, that the case under PWDV Act.
Can the respondent plead before the Court that since 'A" has already exercised her right of claiming maintenance U/S 125 , therefore, the proceedings of PWDV Act should be dismissed or stayed till the final adjudication of case under Sec 125.
In view of the above judgement of Hon'ble Delhi High Court what could be the interpretation of "Exercising her right" ,Is it not approaching a Court for relief Exercising her Rights or the rights would be deemed to be exercised only after adjudication.
Kindly enlighen your Expert Opinion on the matter at the earliest.
Kumar Krishan Agarwal Advocate
20 September 2010 at 04:23
Dear Ld Counsel,
If a person was arrested & produced before court than how and when the Bail application be filed before magistrate court so that it will not be rejected, that is after time expiry of 90/60 days of charge sheet or in any time before the charge-sheet submits or not, you can also file the Bail Application under Sec 436/437.
Adv. Virendra
19 September 2010 at 22:14
I have a query.
If police arrest a person for an offence which can be tried only before the Sessions Court.
In which Court will be the accused produced within 24 hours of arrest ? for police custody or Judicial Custody
1. The Sessions Court only
2. The J.M.F.C. having jurisdiction on the place/ the police who arrested hi,
or
He will be produced before the JMFC to be handed over to the Sessions Court for further proceedings and bail also will be granted only in Sessions Court
AND
Where will he get bail finally ?
Shambhu
19 September 2010 at 21:33
We have an employee who has cheated our company to the tune of Rs. 1.50 lakh. FIR is lodged; however, police has not called him in the last ten days for investigation and custody.
The Accused employee is not picking up any calls nor available is at his residence. Police asking us to locate him. My question is : (1) What is the Company's remedy against Police; (2) Can the Company publish a public notice in the local newspapers in English & regional language that the employee has cheated and absconded and he should not be dealt by general public as company's employee and anybody having his knowledge be provided to company. I need proper legal solution and guidance on both the aspect urgently.
Anonymous
19 September 2010 at 21:22
If police submitted chargesheet against some persons u/s 420/467/468/471. and the magistrate issued process against accussed, but before the accused appeared in court, the police received further evidences that accused was not guilty. Whether police can file revised charge sheet or even final report in such case with or without permission of the court.
Advocate.S.A.Siddiq
19 September 2010 at 19:21
Dear Experts
Kidly explin difference between Cr.P.C sections 91,243(2) & 244(2)
Anonymous
19 September 2010 at 19:02
What is the difference between murder and culpable homicide?
Anonymous
19 September 2010 at 09:22
Recently there was a news that Maharashtra Govt. is worried about very poor rate of conviction in cases due to rouge PPs and want to act against them. This is nothing but yet another brainwashing attempt from a corrupt govt. Due to this my case filed by police is suffering and pending in MM's 38th Court at Ballard Pier Court since 2005. The accused are charged u/s 380,448,506,506(2)& 34. As is well known lower criminal courts are infested with corrupt MMs and even PPs are not taking due interest in the cases due to bribes from accused persons. I now request pointwise guidance from learned and experienced experts to my following queries:
1) Can I cross examine the accused persons and if so under what section ?
2) Can I give submitt written statement with documents so that the MM does not play dirty to help accused persons and if so under what section ?
3) How to bring on record important documents as this case is totally dependent on important documents and judgements by other courts in the related matter as the corrupt MM may ignore the same for benefit of accused persons as there is no eye witnesses except one but he is not willing to come as witness in the court.
tarun
19 September 2010 at 09:17
respected members,
what is the provisions of MACT for claim petiton for the death of a buffalo in a motor vehicle accident.
can it be filed u/s 163-a or 166 of mv act?
ar any other special provision?
can anyone provide a model petition for this purpose?
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498a
recently I read in news paper that supreme court passed a judgement stating mere demanding of dowry does not amount to offence unless due to harassment resulted in death.
can any body give citation of that judgement please.
regards
L.JAGADEESWARAN