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Anonymous   14 August 2010 at 14:54

Sec. 482- Quashing of proceedings before trial

Dear Ld. Experts of Law

A mother has filed complaint against his for maintaenance of Rs. 10,000/- U/S 125 Cr.P.C. and also Under various section of Prevention of Women againstDomestic Violence Act again for the maintenance of Rs. 10,000 pm, Rent of Rs. 7,000/-pm U/s and also compensation of tune of Rs. 5,00,000/- U/S 22 of PWDV Act ,2005 by giving false affidavit before court. The Respondent has ample evidence to prove that the allegation are false ,motivated with intention to harrass the respondent.

Now the question is Can the respondent approch the High Court U/S 482 Cr. P.C. to PREVENT ABUSE OF PROCESS OF LAW before the begining of the trial to quash the proceeding or before passing any interim relief to the Complainant. If yes, then can anybody inform about any citation in regard of Supreme court or Delhi High Court .

queryking   14 August 2010 at 14:05

Bail by the magistrat in the cases trailbe by sessions court

I have obtained the anticipatory bail from the sessions court, applied within time for regular bail under section 437, the prosecution opposing and insisting the magistrate not to give bail as the offense is traible by district and sessions court and the magistrate court has no jurisdiction/power to grant bail,
but
the alleged offence is even though the traible by sessions court but not punishable with death or imprisonment for life, kindly enlighten me regarding this

dipankar   14 August 2010 at 12:42

HARIJAN CASE ,FIR NOT REGISTERED

My friend,a harijan went to lodge an fir under harijan act to the nearby police station but the police sub inspector told him that it is beyond his purview to lodge FIR under harijan act and immediately intimadated the DSP.regarding this.he told that the DSP will do some necessary investigations and then if he feels his case will be taken under harijan act.My question is that is this process right or the subinspector should have first lodged the fir and then refer the case to the DSP.

Anonymous   13 August 2010 at 21:01

Regarding Petition Copy in Cr.P.C 125?

Can I get the petition Copy of 125 Cr.P.C even before First Hearing from the Court Staff?

Dr.Gaurang N. Gandhi   13 August 2010 at 20:21

MINIMUM WAGE ACT

IS AN employee in public and charitable trust is entitle to get benefits under minimum wages act?

Can he file CRIMINAL CASE against trust and also trustee under sec 19, 21(4) of minimum wages act?


what r the remedies as part of the said public trust?

Anonymous   13 August 2010 at 20:21

Convert summary suit into civil suit ?

An advocate told me that summary procedures are just worth less and it is very easy to get them converted into ordinary civil suits which go on lingering for decades.He said for example if 10-25% is deposited of the amount for which a cheque has been bounced, summary procedure under order 37 is converted into ordinary civil suit.
Is he right ?

Anonymous   13 August 2010 at 20:15

What if someone plants Ganja in my scooter,car or vehra ?

It is very easy to plant drugs in "commercial quantity" in someones scooter or car.Even a fake customer can leave such drugs in some one's office also.What if the same PLANTER calls police and tries to frame the owner of that scooter,car or office who is quite innocent?

Anonymous   13 August 2010 at 11:18

420 & 138

Wheather the cuffing of sec 138 & 420 is valid or not is there any judgment that the cuffing of Sec. 138 & 420 is not valid

Anonymous   13 August 2010 at 11:01

what 1s 72 steps

one police men came and said i have a cheque case warrent and now it is on 72 steps, how can i take bail for this. should i have to appear in person to the court or an advocate can appear for me to get the bail , please advise

Anonymous   13 August 2010 at 04:55

Complaint Cases u/s 200 Cr.PC

Pre charge evidence in complaint case under Sec 200 CrPC(PFA). Accused is appearing in person. Complainant/witness during cross examination jumping out of the context to the asked questions has filed fresh documents. No application to submit these documents had been made by him and neither the copy supplied to the accused. There has also been no reference of these documents in compliant or even during cross-examination. Although the accused in this case, has objected to inclusion of these documents at this stage and in this manner, the judge has not written 'objected-to' while admiting these documents. Judge has further exhibited these documents while they ought to be inadmissible. Accused has also filed a application for inadmissibility of these documents.
What are the remedies/options open to the accused ?