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Ranganath   13 December 2009 at 23:21

Un-relable witness

Ld counsels,

What will make a witness un-reliable in a criminal case as well as in civil case. If it is established that the particular witness comes with different versions of a said incident will it make the court to reject his/her testimony.

Please clarify

anil kumar agarwal   13 December 2009 at 14:20

effect of ex post facto permission

a demed university stared some degree course without getting approval from ugc. after three years now ugc has gave ex post facto recognition. can a student of the course prosecute the university for cheating

Anonymous   13 December 2009 at 14:09

effect of ex post facto permission

a demed university stared some degree course without getting approval from ugc. after three years now ugc has gave ex post facto recognition. can a student of the course siute the university for teaching

Sumir   13 December 2009 at 12:32

complaint of offence of Aug-2005

Firstly, I would like to express my gratitude towards all the members of this platform for time to time guidance and replies to my queries, truely speaking in country like India, it is more easy to tolerate crime, rather then asking authorities to take action, and then face inaction and land up in wasting time, energy, and mere frustation- the situtation which I faced(truely repent of rasing voice instead of remaining mute), secondly, would like to applogise for raising silly queries, since I am not an advocate or lawyer, have no knowledge of legal world, and didn't have money for advocate, I have to patiently understand the procedure by my own.
Coming to my query: I wish to file a complaint (either police or Magistrate-now I know the procedure) for destruction of evidences(complaints of ragging dating back Aug -2005).Cause of delay is letters written by my college cum hospital alleging that I am not mentally fit, and hence my right to complaint was curbed till date? (I have evidences to prove that too), What are the chances of complaint being accepted.

KANDE VENKATESH GUPTA   13 December 2009 at 11:23

maintenance

My clients are parents. They have three sons. My clients filed maintenance case u/s 125 Cr.P.C. against elder son only ignoring the other sons as they are not having any properties. Elder son is having properties and income and neglecting to maintain parents. Elder son filed an application seeking directions to implead the other sons also as parties to the maintenance case contending that M.C. is not maintainable as other sons are not made as parties. In those circumstances, whether M.C. is maintainable? Are there any Judgments by courts stating that parents can seek maintenance from any of the child and other children may not be made as parties? Matter is urgent. Please help with relevant Judgments. Thanks in advance.

K.VENKATESH GUPTA
ADVOCATE
venkateshgupta_kande@yahoo.co.in
ph.No: 27650240/9885808021

Mahesh   13 December 2009 at 01:37

Sent money to father-in-law and he declines to pay back

I was working in USA and my father-in-law needed some financial help. In April 2008, he called me in USA and asked for some financial help and I sent him $41000 which turned out to be arond 16.25 lakhs rupees then. Now that I am back to India for good and want my money back he flatly has declined to pay back. He states that the money was given as a gift to my wife. Can I file any lawsuit to recover this amount and also to punish such behavior. Please help.

ss   12 December 2009 at 21:41

Reg. helmet

In an accident case the deceased died due to head injuries and that too for non wearing of helmet. I would request you to clarify my following querries:-

1. What are the rules made by the Govt. of India which makes mandatory for everybody to wear helmet while driving scooter?
2. If a person dies due to non wearing of helmet and succumbed head injuries in such circumstances who will be held guilty?
3. Is is not mandatory on the part of I.O to mention about recovery or non recovery of helmet from the accident spot since the person concerned died due to head injury?
4. The I.O initially mentioned that he did not found any eyewitness when he first visited the accident site but later on named a person as eyewitness. This fact also mentioned in the FIR. Pl. advise me is it right step taken by the I.O, if not can you refer any judgement on the above subject?

Anonymous   12 December 2009 at 20:42

u/s166 IPC

Whether a Drawing Officer can stop SALARY of a Govt.Servant?If it has happened,whether the Public Servant can be prosecuted u/s166 of IPC? Sanction of Prosecution u/s197 of Cr.p.c.is required or not?

Sumir   12 December 2009 at 18:58

police Inaction

To check the wrong doing of police, in failure to file FIR, even after all formalities are done, one can approach magistrate u/s 156(3) or u/s 200 CrPC (I have gone in details of both sections. But unable to understand difference, and which is better.

Rishi Ahuja   11 December 2009 at 21:28

Request advice

Respected sir,

I have filed a criminal complaint u/s 200 crpc for the act of offences made u/s 192,197,199 & 200 ipc. The hon'b'e cpurt has taken into the cogzinance and issued summon u/s 193 to the other party, as the all evidednces have been already over now what is further course of action and kindly advice me shall i submit the copy of the same order with other cours where the cases are pending e.g. custody of my son/diverce /DV Act and DP3 which is only pending for the oder to be pronounced.

With regards