JAIME
07 January 2023 at 02:17
SIR,
MY CRIMINAL WRIT PETITION IS PENDING BEFORE THE HIGH COURT ON MATTER U/S 195 R/W 304. THE JUSTICE OF HIGH COURT DID NOT GRANT EXPART STAY AND SUMMOND THE RESPONDENT HOWEVER THE RESPONDENT DECLINED TO RECEIVE THE SUMMON TO APPEAR BEFORE THE HIGH COURT AND INSTEAD THE BAILIFF RETURNED STATING THAT THE RESPONDENT IS NOT RESIDING AT THE SAID ADDRESS.
MEANWHILE THE CRIMINAL CASE IS CONTINUING BEFORE THE TRIAL COURT AND THE TRIAL COURT FRAMED CHARGE WITHOUT PASSING ORDER ON ARGUMENT BEFORE FRAMING CHARGE. IN THIS CASE IS IT PERMITTED BY LAW TO FILE REVISION APPLICATION BEFORE THE DISTRICT AND SESSIONS COURT OR WILL THIS BE CONTEMPT OF COURT. THANK YOU FOR YOUR REPLY
rishabh
06 January 2023 at 14:27
Res Experts..
I filed a complaint before MM regarding a fake report concluded by sexual harassment committee.. Means..there was no report but culprits framed a forged report exonerating Themselves....U/s 420 IPC..Now the MM is arguing that, the case is one of sexual harassment and only the victim can file such complaint, while my allegation is regarding forgery for the purpose of cheating.. The case is adjourned rt now and put up for orders.. While as per law, MM ought to take cognizance and proceed with pre summoning evidence or could send the complaint to police u/s 156(3)..plz guid me
Anonymous
01 January 2023 at 16:32
I am accused in IPC 338 Accident case and my advocate filed criminal appeal in the court which is about to start next month. My advocate is planning to ask lenient view to the court but i am not that aware of the process and procedures.
1. if appeal is dismissed, will I be sent to jail immediately from the court ?
2. What will happen to my job if appeal is dismissed?
3. Is there any way I can fight further or I need to quit ?
The complaint filed MACT claim case and about to get compensation from my insurer, still they are not ready to settle after conviction from trial court.
Anonymous
31 December 2022 at 17:15
I am a govt employee and I am only earner in my family. I was driving on NHW and met with and accident as my car collided with an other car and my car was on wrong side when collided. One of the passenger in opposite car suffered injury (fracture) in her arm. Police loged FIR against me and booked me under section 279/337 and 338. I told my lawyer that I will pay fine but my advocate told me that I am govt employee and if I get convicted I will lose my job and conviction will be entered in my character book and I should go for trial instead of confession. Iam too much upset and mentally depressed about this. Kindly suggest me if I confess and pay fine shall I remain in govt job or Not. And does my conviction effect my charater book. Shall govt terminate me from givt job.
Kindly suggest.
ROHET
31 December 2022 at 09:57
Hi,
If someone is blacklisted in UAE, can he/she travel to other GCC countries for work. Is there any website or any other source where we can check about the travel ban information.
Please advise asap.
Thanks,
Vardan Somayajula
29 December 2022 at 07:01
Procedure of bail bonds to the legal heirs of surety after disposal of case
Anonymous
27 December 2022 at 12:51
If all the witness stick to same story during cross examination and chief examination. All witnesses narrate same statements that were there in chargesheet and all seem to identify the accused in the court and able to explain rash and negligent driving.
Can the accused be convicted and imprisoned just based on the oral statements and confidence of witnesses in the stand without any supporting evidence to those statements ?
Anonymous
26 December 2022 at 12:59
If accused in IPC 338 took the injured to nearest hospital and provided first aid and paid for first aid till the family of the injured comes to the hospital, can the accused be protected under good samaritan law MV ACT 134A and avoid conviction and jail term?
As MV ACT 134A clearly mentions that "such injury or death resulted from the Good Samaritan’s negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance"?
I quote the law below from internet.
1[134A. Protection of Good Samaritans. --(1) A Good Samaritan shall not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle, where such injury or death resulted from the Good Samaritan’s negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance.
(2) The Central Government may by rules provide for the procedure for questioning or examination of the Good Samaritan, disclosure of personal information of the Good Samaritan and such other related matters.
Explanation.--For the purposes of this section, "Good Samaritan" means a person, who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or nonmedical care or assistance at the scene of an accident to the victim or transports such victim to the hospital.]
Please help with understanding as someone's life and career is depended on it and case is registered and facing immense mental pressure and will not repeat such acts in future and ready to help the injured.
Anonymous
25 December 2022 at 20:26
I am under trial for an accident case and yesterday in court i denied the allegations and requested for a trial. Court given the date after 3 months for trial to begin.I work in a bank and got transferred to other state which is very far from court jurisdiction. I am planning to hire a new lawyer to fight the case for me during the trial.
1. I cannot come to the court for every date till end of next year. Does court allow my exemption ?
2. Without me, can my lawyer appear on my behalf and conduct the cross examination of the witness?
3. what is the process to exempt myself from personal appearance till end of next year. I can attend the court post november 2023.
4. As i was given bail from court on the same day of arrest. I haven't informed my higher officials regarding this pending accident case. Should i keep quiet or inform them ? if i inform them will i lose my job?
The injured/complainant is got his hand fractured and he is healthy now but seeking more than 10 lakhs to settle outside which i can't afford.
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
138 of n. i. act
Respected Experts,
I am representing the accused in one matter filed u/s. 138 of N. I. Act wherein I have filed discharge application to which the CA of Complainant has filed his say. the CA is a son of complainant mother. the mother has filed the complaint but reply to the discharge application is filed by her son as her CA without any POA or LOA. i am in need of a judgment that the son has no locus standee to represent the complainant as he doesn't have any authority and the reply filed by the son is inadmissible.
Please provide me some citation on this.
Thank you.