v.k.gupta
21 February 2010 at 05:51
Dear Seniors,
Kindly let me know if any person gives false affidavit i.e. the false contents in his affidavit,before any of the Court then what are the remedies to the other party as per law ?
OR
Kindly suggest what action we should take against that person and in which court?
V.K.Gupta
Sukhija
20 February 2010 at 18:02
Hi
In 138 matter accused was convicted by Magistrate's Court.The accused filed Cri. Appeal against conviction in Sessions Court and was acquitted.
Now, can the complainant file revision/appeal challenging the order of acquittal passed by sessions court before High Court?
Thanks in advance.
Anonymous
20 February 2010 at 17:15
A and B were working on a business deal that did not finally materialise. As part of the deal both A and B had shared blank cheques with each other as security. After the deal fell through, A filled one of the blank cheques with an amount of 30 lakhs and presented it to the bank. The cheque got bounced and now A has filed a case under section 138. B is still in possession of the blank cheques provided by A. What should B do now to prove innocence?
Elahi S M
20 February 2010 at 14:53
Dear Sir,
For clear understanding I given names as follows.
A: My Brother
B: Wife of A
C: Siste of B
I purchase a property from 'C'.
C' Filed suit against me that she hasn’t sold any property.
And declaring in suit that am a strange person to her family.
Now property suit adjournments are going on in court of law.
My Question is: Can I file case against her false declaration in court of law that am a strange person.
I have a proofs of photographs and videos which she was attended in functions.
Please advice me,
Waiting for valuable reply.
Yours Truly,
Elahi sm
Tarun Kalra LL.M, M.B.A
20 February 2010 at 08:10
respected members,
a 70 year old person lives with his wife, having no son, and a married daugher(who lives with her husband),
the wife was 65 years old, and gone alone to other town for medical checkup on bus, and while crossing a road, a negligent car driver hits her and caught on the spot, fir lodged, and the wife(lady) brought to hospital where she dies.
now the fact is that the husband and wife had no income other than the old age pension, and a houslehold shop run by both of them,as the husband brings the goods for sale and women sold them, and women also earning by old age pension and cloaths stiching, and by making sweaters,
now i am confused that under which section i file the claim petition u/s 163-A or 166 because i want to help the poor man, so that he may get good compensession.
plz guide me how and under which section i file the petiton, and who are the necessory witnesses ? the person who take the women hospital and lodged fir is a necessory witness in claim case?
Anonymous
20 February 2010 at 01:26
whether the accused can give defense on affidavit
Khaleel Ahmed Mohammed
19 February 2010 at 18:04
My client has real estate business. During his good days he went to one temple , he offered a post dated cheque Rs.One lakh . Due to the heavy losses in the business, his living condition is miserable. The temple authorities deposited the cheque for payment.The banker returned the cheque with the endorsement insufficient balance.
My questions are
1. whether my client will be prosecuted as per section 138 NI act?
2.Whether the temple authority have any legal right to recover the amount from my client?
Jatin Agarwal
18 February 2010 at 20:54
I want to ask that does the high court have the power under section 482 crpc to quash the criminal poceeding of sessions court in which sou moto cognigence is been taken by the sessions court ??
deepak
18 February 2010 at 15:47
Respected Sirs,
An authority was given to 'Mr. X' an employee of the company to file a complaint before Magistrate. After filing the Complaint 'Mr. X' [an employee] left the Job. [but before the matter being finally decided]
substitution of authorized representative was not done. [i.e. substitution was not carried out]
Subsequent after some time 'Mr. X' re-join the company and continued as authorized representative with respect to said pending Complaint.
Now the matter is on board on regular basis..
is the authority given to Mr. X on earlier occasion is valid with respect to said Complaint? [as Mr. X was not an employee of the company for some time in between]
Thanks
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How can one prevent from torture in custody by police
Reference:
http://indiansforguns.com/viewtopic.php?f=1&t=8910
and
http://www.dailypioneer.com/224629/I%E2%80%99ll-keep-the-fight-going-says-mother-of-Ruchika%E2%80%99s-friend.html
(“Rathore spared nobody. Ruchika’s brother, Rahul, was tortured in custody, and his legs were broken by a roller. Their home in Panchkula was forcibly sold to Rathore’s lawyer. People were deployed to follow my daughter wherever she went and they passed nasty remarks at her,” Prakash, mother of Aradhana, Ruchika’s friend and tennis partner whose crucial statement helped the court nail the accused, said in conversation with The Pioneer.
Prakash said that Rathore ‘deployed every means in his power as a police officer to torture them’. “False cases of theft, murder and civil defamation were filed against the father and brother of Ruchika. All the people who raised a voice against Rathore were framed in false cases,” she said. “It was 19 years of torment and anguish for my family. But we never gave up and left no stone unturned.”
We lived a traumatised life. We had to go to court hiding ourselves in different vehicles. We produced ourselves before the court 400 times.)
a)What are the effective methods that can actually prevent from torture by police while in custody of police? I also mean including the period while in custody before being produced in court(i.e. within 24 hours of arrest)
b)What can be done to prevent the forcible sale of property?
c)What can be done to prevent from being hounded by police so that one is not forced into traveling in different vehicles?
c)What can be done to prevent oneself to go to court something like 400 times for justice?
d)Is anything better possible in case similar to the Ruchika's as mentioned above?
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I am in no way related to the above case or biased against anybody. I have presented the above information "as is" from the website so that my questions can be better understood. My purpose is to get specific answers to my questions a, b, c, d only so that a law abiding citizen can take "preventive" measures so that he does not become a successful victim of torture and hounding by police.