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Member (Account Deleted)   21 May 2010 at 12:15

PWDVA JURISDICTION

Matrimonial house of wife is situated in Delhi. Wife severely tortured there and thrown out from there. Wife returned to her parental house at Kolkata at present residing in parental home.
1.Can we file PWDVA case in Kolkata??
Having minor son of 2.5 yr age.
2.Can wife pray for custody of the son?
3.If complainat can be filed at Kolkata and any ordered passed , how such orders can be executed?

Anonymous   21 May 2010 at 11:03

NOC for passport

My neighbour has filed a private criminal suit against almost all the members of our residential society for removing the plants and garden in front of his flat which was required by the society for parking place.The resolution was passed in the general body meeting of the society.
Now I want to renew my passport.The passport office says that I should get a NOC from the court for that purpose as a case is pending against me.Can the court/judge issue me a noc in this case?
To whom should I approach.Pl help.

Anonymous   20 May 2010 at 21:56

498A,406

I have an 498A,406 against me and I have got a Anticipatory bail and FIR has sent to the Judicial magistrate. Now can the police conduct a search of my place? if they conduct a search do they have to have a search warrant? If search warrant is to be taken will the Judicial magistrate give us an oppurtunity to say our case before issuing the warrant?

Anonymous   20 May 2010 at 21:45

Re-investigation (Cr pc 173(8))

my case of 498A,406 has been closed 24 months ago due to withdrawal letter of my wife and Further action dropped has been endorsed by judicial magistrate. But now she has made a representation to Commissioner of Police saying that her signature has been forged and asked for reopening of the case & the Asst commissioner has sought permission from JM to reopen the case and the case has been reopened..
Now can the Asst comissioner reopen a case after 24 months?
Can this reopening be done without filing additonal evidence or proof in JM court?
Can the Asst comissioner reopen an already closed 24 months old case just by a letter given by the compaintaint?
if this cant be done.... can u please quote relevant sections or judgments.

Anonymous   20 May 2010 at 15:43

Indian penal code

Section 324 of Indian penal code is bailable or not today in view of Criminal procedure code amendment Act 2008

Anonymous   20 May 2010 at 15:21

lawyer delays case by absence

in 498 A case Respondent lawyer delayed to cross lawyer were absent wilfully and the judge passed all the time .they mostly not giving exemptions also. and judge even never ask for exemption.what to do .......

srinivas   20 May 2010 at 14:53

cr.p.c. amendment act 2005

is section 42 (f)(iii) of the Criminal Law (Amendment) Act,2005 has been implemented.If yes please give the notification

rkdhandia   20 May 2010 at 12:57

Section 138

Sir,
Husband and wife partnership firm. Only two partners. Wife retired from firm and the firm taken over by husband as proprietorship. But in very short period the husband died. Loans were taken in Partnership firm to whom blank cheques were given by the partner who died. After the death, cases filed u/s 138 on wife also. The dates put on the cheques by lender is the date which is after the death of the partner i.e. as on the presentation of the cheque in bank the partner was not alive. IN partnership deed the husband was working partner and was getting remuneration. The stand taken by wife in cases u/s 138 is (1) She had alaready retired and at the time of offence she was not parter, Deed of retirement is available (2) The cheque is not signed by her and also the date on the cheque is after the death of husband(partner) (3) Even if for sake of argument taken that the firm was in existance and wife not retired, then also on death of the partner the firm automatically dissolved as per SC decision in case of Mohd Laiquiddin vs Kamala Devi 494.CA> No 6933-6934/2002 XIIA ADJD. The lender in the notice admitted that the partner has died and therefore case filed against wife. (4) She was not working partner
Is at the time of congnince itself any defece or case law presented for defece that it is not a fit case under section 138
Thanks

Sadashivam   20 May 2010 at 00:27

Out Of Court Settlement

I have a Criminal case pending on my name in thane kalyan court cheating case of about 75000 rs when police caught me they recovered 25000 rs and my bike and they also ceased my bank account which had 100000 rs they handovered money they recoveerd to court and they changed me with 420 and 434 case. now i am willing to settle the case out of court and get out of this problem please help and guide me to correct procedure.

ravi goyal   19 May 2010 at 20:44

domestic violence act

dear all
i am confused by the conflicting views of the different high courts & the SC on this issue whether the female members of the family can be made an accused in the cases of domestic violence or not ?