KD
29 May 2018 at 00:34
Can we go in appeal in the High Court against the order of revision by the sessions court. and what is the time limitation.
Also please let me know the time limitation for filing special appeal writs after the order of writ in SB
ann
28 May 2018 at 22:20
When the defacto complainant has presented himself in persuance to the nbw earlier issued against him and requesting the court to recall the nbw , can the magistrate judge for a criminal case , order police custody while dismissing the nbw recalling petition of the defacto complainant .
Anonymous
28 May 2018 at 12:07
WE CANT GET 100% JUSTICE FOR SURE BECAUSE HONOURABLE JUDGES ARE HUMAN NOT GOD. AND PROVISION FOR REVISION PETITIONS IS A DOOR WHICH GIVES RAY OF HOPE TO THE PETITIONERS.
BUT WHAT ABOUT THE MAN WHO LOST EVERYTHING IN PAYING INTEREST TO FINANCE MAFIA. HOW HE EILL PAY 50% of cHEQUE AMOUNT.
SOME OF THE READERS MAY FIND THIS IRRITATING AND WOULD BE THINKING ITS HIS OWN FAULT OF PAYING HUGE AMOUNT OF INTEREST, he should go to police straight away.
There is group of 4 young boys in Faridabad. One of them took loan at high rate of interest which influences second to go for easy quick loan so second also took loan from the same guy at high rate of interest. Influences continues to third and fourth guy and within in a week all four of the guys took money at high interest rate.
DESPITE KNOWING THE FACT NOBODY CAN EARN INCOME FROM HIGH RATE OF INTEREST.
After 3 months the group full of confident and joy became helpless and depressed. Due to financier muscleman threats.
All 4 of them made an equation of what they took and what they paid.
Actually all 4 of them took total amount of 6 lac rs and in three to four months they paid around 8,50,000/- rs including single single day late fees of interests. But 6,00,000/- rs is still outstanding.
Guys went to financiers for some mercy and request him to not to take more interest and demand time of 3 months to pay 6,00,000 rs together. Financier showed some mercy and give four of them punishment to sit in chicken position for 1 hour.
This type of things shatter the self confidence of youngster.
Leaving from financier office one of the four guy went directly to COMMISSIONER OFFICE (mr Subhash now X commissioner) and told whole incident. Commissioner called police to help the guy.
Next day evening the guy who went to commissioner office got BEATEN BY 9-10 GUYS WHICH LEADS TO 14 FRACTURES ON LEG, 5 FRACTURE ON HAND, RIBS AND HEAD INJURY.
the injured guy went to more than 25 OPERATIONS, but of no use. The guy can never walk on his legs.
Another guy of same group forcely dragged in the car, welcomed by gun pointed on head and 9-10 slaps only.
Nevertheless police arrested the culprit for whole 2 daysssss.
Did this change anything???
No. Three of four guys pay them interest on daily bases to financier.
The guy lost his legs, facing cheque bouncing trial of same financier on wheelchair.
The guy who is mediated between financier and 4 guys group who lives in Faridabad NIT AREA commuted suicide because of harassment of the same financier.
Again police arrested the culprit this time for A MONTHHHHH.
Financier is related to congress.
This is the story of just one financier. There are more than 200 financier like him.
But only one strict action by government will shake whole financiers.
ABHINAV SAXENA
28 May 2018 at 08:09
Dear Reputed Members,
I am looking for your valuable suggestion before proceeding to the below matter!
My sister is almost married now 11 years and has one son 9 years. We have been fooled from begining by my sisiters husband and family. They told us that the he has secured a govt. job in place of his father since he died and never join the same. In the term of 11 years of marrige my sister almost stayed with my parrent around 7-8 years in frequent time. Since he doesnt want to work and want to work so he joined so many private job at small level and never took any job seriously infact he is a big timer of jua & satta and do witch craft and local level and fooling lots of local, Every time he fought with my sister and demanded dowry and sent her to my parrents home every time and after six month some time 1 years call again and convinced my sisiter to go back. since she is a women with a son dont wanted to have a divorce or file a complaint due to hope that one day he will understand which never happensd so. althogh my parrents have given him some money time to time even several years of marrige some time bank transfer and some time cash alomost 6-7 lakh. Even repeated dowry demand and paid him sevral time he is not changing. currently my sisiter is their and now they are beating him every day and demanding 4 lakh to pay for people as his debt from the jua and etc. My sisiter finally realized that he is not going to change and now wants to proceed for Filing case against him ,his husband brother and his wife as they all are involve in all the torture and process.
My submission to you all is please guide me how we should proceed and what all we need to take care.
Anonymous
27 May 2018 at 22:15
A complaint had been filed in NI court for check bounce against (1) a pvt ltd company and (2) one Director of the company who issued the cheque on behalf of the Company
Now while the case is still under process in the court, the Director of the company (accused No. 2) has died. My question is (1) Can the case still continue against the Company (accused No. 1) (2) can another director of the company be made accused at this stage ? If yes what procedure has to be followed. Next hearing in the case is on 6th June 2018.
Anonymous
27 May 2018 at 18:34
Sir we 10 members with me was remanded on 9/05/2018 for 15 days for a criminal offence we got bail on 12 th day with condition to sign twice a day morning and eveng for 2 weeks we finished this.... Now I am going to apply for job in us will I get visa work permit without any disturbance or it will get cancelled.. Because I am going to pay money on it.. Please give me suggestion on this
Thank you
Anonymous
26 May 2018 at 12:04
Sir,
My case -
My wife has made false allegation on me under section 376, 377 and 498 on me.
Similar section 376 and 498 was charged on my brother.
Section 498 is imposed on My Parents, brother's wife and Uncle.
My wife's medical report is negative and there is no date mentioned for any event in the FIR.
FIR is registered in her hometown while as per FIR these event took place in other cities.
They have just bribed the police and get the FIR done as per their wish.
FIR has lot of framed stories in one go like my brother raped her, I did un-natural sex, my parents beaten her and tried to kill her, we kept asking for dowry and tortured her, I tried to get her raped by my two friend and then made a video of same and black-mailed her etc.
Except me rest all have got proceeding stay while I have got the bail. For bail, I have got the instruction from Supreme court.
I have also filed a divorce case which is in process.
My Question-
Me and my brother have the same charge sheet. We tried to quash this charge sheet in Allahabad High court.
As a result, High court has given proceeding stay to my brother and nothing to me.
So in the lower session court, where this case is being heard, my case is not moving ahead because in the same charge sheet one has got the stay and other has not.
My wife and her family never attended any hearing and we always get a new date.
Now my worry is because of this case I am not able to fly abroad as my job demands it. Also I am not able to switch my job because I fail in background verification. So my carreer is on toss until this case closes
Please suggest me what can I do to make this case reach the decision quickly?
Thanks
Best Regards
V.N.K. MENON
26 May 2018 at 11:08
SHALL BE GRATEFUL TO EXPERTS FOR WISDOM, I AM PLANNING TO PRACTICE FROM AUGUST.
NECESSARY HISTORY OF THE MATTER
=================================
My wife had purchased a property {in agricultural land area/ Lal Dora area where regn. was not mandatory in Delhi} by way of GPA/Affidavit etc. for running a school. The owner died before registering the transaction. He was a member of governing body of the school. His heirs, after his death, alleged forgery of documents and by influencing the police filed FIR.
(1) The FIR was transferred to Economic Offence Wing [EOW] with the label of land-grabbing whereas my wife has been in possession of the property. [The I/O was later arrested in graft cases in a sting operation by a channel in some other case].
(2) EOW took up case contrary to parameters and guidelines. There is RTI reply from Police HQ that EOW takes up cases of more than 2 crores. The property admittedly of 80-90 lakhs value [ as per case diary] and according to circle rates declared at that time by Delhi Govt. it is about 30 lakhs.
(3) The documents (as Questioned Documents) were sent by I/O to FSL alongwith some manufactured documents including specimen writing of my wife.
(4) About Standard Documents [i/o’s forgery]:
(i) Though Lease Deed admitted as genuine by heirs [ wife of diseased by way of affidavit] of late owner was seized from them by I/O was never sent to sent to FSL as a Standard Document.
(ii) The heir had admitted in deposition that her husband had no bank account.
(iii) Whereas I/O presented some cheques purportedly made by diseased alongwith specimen signature card, and it is judicially noticeable that the signature on the card grossly differs from signature on the cheque and bank made mockery of specimen signature card system.
(iv) According to Forensic rules only similar class of docs can be compared: “Bob cannot be compared with jack”. “Comparison can only be apple-to-apple”.
(5) I/O before filing charge sheet arrested my wife from school on the charges of absconding since he allegedly could not find her at residence during school hours.
(6) Without presenting the court the FSL report he in connivance with ACMM remanded her to Judicial custody saying that FSL report has confirmed forgery which is false. Request for location of mobilephone of I/O was ignored by ACMM. Principle of audi alterm partem was given a go-by. After about four days, she was released by the order of Sessions remarking that the matter is of a civil nature.
(7) Afterwards only, charge sheet was presented alongwith FSL report. The charge sheet and FSL report clearly exonerated my wife in terms: “ it is not possible to fix authorship” of Questioned Documents on my wife.
QUERY
======
[Matter has not reached finality in trial court]
(1) Can I approach Supreme Court as spouse u/A-32 COI for infringement of fundamental rights and for taking action against I/O and ACMM? Guidance shall be highly appreciated.
(2) Who should be made opposite parties:
(i) whether I/O and Police Commissioner.
(ii) How can I make ACMM as party, what is the rule.
(iii) Is there any limitation in filing SLP . As there is a case law that order obtained by fraud can be challenged at any time to bring culprits to book.
thank you once again.
vallabh_raut
26 May 2018 at 10:01
Hello Experts,
We (brother,father, sisters and me) are fighting DV filed by brother's wife. She has also filed 125 on my brother. The CrPC 125 case is in evidence stage. Her cross is over. She has asked the court to send summons to the Talathi of our native place claiming we have ancestral property there ( as he (allegedly) refused to give her 7/12 records ). This is just to extend the evidence. She has already produced the 7/12 records in the DV case an year before. Now, can we ask the CrPC 125 court to accept the 7/12 records she has produced in the DV case so that time gets saved?
dowry death
in the case of 304b the postmortem report says death cause asphyxia due to hanging can the court frame murder charge