Anonymous
15 July 2010 at 08:47
Hi there,
Please let me know the procedure of withdrawing the DV case in detail? Court has issues the summons thrice,but the opposite party did not turn up till now?And they got stay order,all my energy got exhausted in figting against them? I had Domestic violence and now what i am facing is court violence. I know no court fights against injustice,instead it all depends on the lawyers,how well they argue to conceal the truth?Better i will withdraw the case and start a happy living. Waste thinking about the past and wasting my future for all the sake of marriage.Its just a part of life and let me leave it here.I am desperate now and already my hubby deserted me and fled to US,so no point in fighting against him,rather being silent.They will repent in their life one or the other day.
Please let me know what is the best way to withdraw the case and what should i mention in the application? Or should my lawyer say this in the court? Please advice.
thanks in advance.
Anonymous
15 July 2010 at 07:18
when there is no legal evidence i.e no prima facie as per prosecution admition regarding that they have not recovered any illegali.e when thereis no recovery of any illegal items arrested on the the basis of confession of an co-accused can the accused be discharged what are the supreme court judgements
S KUMAR SINGH
14 July 2010 at 21:16
Sir,
Plz see my problem and tell waht can i do in that condition,They more fact are as under: 1. She is demanding full salary in own hand. 2. She don't want live my retired father and my mother she is no more. 3. She never ready to go market to take daily needs items. 4. Whole day only sleeping and not feeling my husband came after 14 hrs duty,So ask for some water or refreshment. 5. She want live alone with and don't live with my any family member. 6. she beatenup me twice in 6 months. 7. she forced to me don't go your parents house and go only her parents house. 8. After my mother death me and my younger brother shifted to my maternal uncle's house for living and i got married at my maternal uncle's house and and she is abusing all the family members of my maternal uncle. 9. She is telling you have sex relation with your cousin (Maternal uncle's daughte), Now she is saying like that for harassment and torture me and i am completely in steressed. 10. She influnce when she went her parents home in feb'10 and her mother is very cruel and teach her and now she is influence. 11 Her father and she were also saying we will lodge false dowry case if you will meet my demand. 12. When i calledup her to say when you will come then she had said i don't know my parents will atke decesion. 13.She went her parents without my permission and took all "stridhan" means jewellery ornaments. 14.Her family members threats me by false dowry case and kill to me if not meet her demands. 15. her mother also lived in her parents house after marrige amore then 12 yrs. Now she is not coming and in that case how can i protect ourself from IPC498A. Her parents were saying we will take maintenance amount per month from your salary after case.
16.When she was in my house the at the time influence she broken costly item of house and tols i will cut my nerves itself.
krishnamohanjha
14 July 2010 at 20:28
dear sir ,
a case was register u/s-304(a)
in which a docter & his copounder
made accused & thre witnesses were
examined during trail now the case
is compermise &a compermise petition
sing by both parties are on record
& apetition to recall of witnesses
are also their .But the C.J.M. is
not want to allow the petition of
recall & he order to produce any
rulling passed by any high court
or Apex court.
Now whats a way to difence .
sushil bhatt
14 July 2010 at 17:52
Dear All,
I have booked a flat from a builder through their authorised dealer in April 2010 and issued a post dated cheque (say for 10th August 2010) against booking amount since the construction of flats was not started at site. The authorised dealer assured me through mail (under copy to builder) that the construction would be started before 1st August 2010 and if not then I will be entitled to cancel my booking.
Now despite their commitments, the builder is not starting the construction and from the date of booking they are saying that it will be started in next 10-15 days, it seems that they are not willing to start the Construction in near future since nearly 3 months have been passed.
Now I want to cancel my booking. Can I write to the builder and his dealer for cancellation of booking and return the post dated cheque to me since they have failed to start the construction work. In that event, if the builder still presents the said post dated cheque and it will get dishonoured, am I liable for punishment u/s 138.
Pls advise
Manjeet Magar
14 July 2010 at 17:43
Dear Expert,
I myself Manjeet Magar, from kolhapur just read your article on web. I wish if you could help me through my matter. summary as follows
I was into trading business of cattlefeed in kolhapur district since 2004. We would purchase cattlefeed from Rajarambapu Dudh Sangh, Ltd, Islampur and send them to our customers as transit sale. We were use to renew our aggrement every year and give them blank cheque along with it. The last aggrement we done was in 2007 and had also given a blank cheque along with it. The above company Rajarambapu Dudh Sangh send us notice in 2008 demanding for dues which are actual. I paid them some of the amount from it in January 2009. Then they filed the 138 NI complaint against me providing the cheque which was given in 2007 against agreement. These are some of the details of the case can you please guide me through the matter.
Thanking You,
Regards,
Manjeet Magar
Anonymous
14 July 2010 at 12:00
I had signed the cheque for the payment to be made to some party,but it was misused by my another Director who is also the signing authority (two signs have to be on the cheque). The cheque was issues issued in the name of the wife of that Director, The date of issue is 15/1/2007 & the cheque was presented for clearing before the completion of six months. All these things happened without my knowledge as the Other director involved was MD of our Pvt. Ltd. company, whose registerd office is his home address. So when the cheque got bounced, I didn't have any information. Moreover, the case has been filed against me & the company. Before that, when the notice was sent, I didnot get the information & what the MD as the key person of the company responded is also not known. So pls. guide me on this matter :
1. Can the case be filed against only one director & not the other who is also the signee?
Anonymous
14 July 2010 at 11:32
Hi there,
I filed a Dv case againts my hubby and inlaws . Now,I have a problem with the lawyer which was given by the protection officer at the time when i filed complaint at the women welfare office.She called up the opposite party and informed that i am filing the case against them and helped to prepare for the case and this made the guy leave India. when i asked for numbering in the court,she said the magistrate is on leave and made me wait till the guy left to US and then she filed in the court. NOw my question is I want to change the lawyer as i am having several problems with her. She also called up them and informed them that i demanded 20 lakhs to withdraw the case and leave the guy. I asked her to withdraw the case,but she is not leaving the case.
1)Please tell me how to change the lawyer as she is the GOVT appointed.What the best i can do in this case?
2)Now i contacted a private lawyer,she is interested in taking up the case and asked for NO Objection from my previous lawyer,but she is not willing to leave the case.
3)I am fighting for reconciliation and my existing lawyer is trying to separate both of us .What to do? Though therez DV,it is from my inlaws and my hubbys portion is less ,so i wanna join back,what can i do?
Please respond soon as my next hearing date is in next week.By weekend,i need to change the lawyer.
Thanks in advance.
Anonymous
14 July 2010 at 10:08
Experts Please give your valuable suggestion.
on a AB against 498a, the surety papers submitted like 1) pensioners bank papers 2) Ration card 3) property tax
Initially on day one they did accept all papers & after 2 weeks now the PS is calling & saying to present property valuation certificate instead of property tax paper. Otherwise there will be bail timed out?
What is the solution ?
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498a victim
hi there...
kindly help me..
I am having a matrimonial dispute with my wife and my in-laws.
As a matter of fact, My in-laws have posted some misleading, projected, false, frivolous and obscene information on internet and on various websites, against me & my parents and relatives without my permission with intention to make others to believe that all the material/ information which these accused have posted are right & true and also to harm the reputation and morale of me.
It amount to defame and degrading the reputation for me, as well as the family’s reputation in the society. It may form a part of like substantiating the fact of mental cruelty against me and my parents.
For this, I have given one complaint at CYBER CRIME CELL, EOW, CRIME BRANCH, QUTAB INST. AREA, DELHI (Diary #D3945, complaint # 418/10, IO Sh. Vijay Gahlawat). No investigation has been done by the said IO Sh. Vijay Gahlawat.
Then,the complaint was marked to ACP(gokul puri) for further actions.
No investigation has been done by the said IO i.e Insp. Ramesh Kr.(PS Bhajan pura) and ACP(gokul puri) and the complaint is been filed and closed.
Since it is a congnizable offence, as the concerned police offcials should register the FIR immediately after receving the complaint, but no actions have been taken till date.
What should I do, so that they are bound to register the FIR against my in-laws.