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Anonymous   15 August 2011 at 20:30

Bail affidavit and attesting advocate's responsibility

while moving bail application, we have to produce two solvent sureties. and, the lawyer has to attest an affidavit stating that sureties are personally known to the lawyer and they have ------ cents of lands in ------- village.
suppose, latter, if the court finds that such affidavit is false (or sureties have misrepresented the lawyer and the court), then the said lawyer will be prosecuted for false attestation ?
is it possible for a lawyer to make an enquiry every time that whether the sureties have properties in such locality, before moving a bail application ?
now, i am trapped in one of such cases.
in my case, surety also gave false statement in the court to the tune that these forged tax receipts were not produced by him,( when he was arrested and produced before the court ).
so, my doubt is that whether i will be prosecuted on the sole basis of this statement of this "crooked " surety.
how can i prove my innocence ?
whether i will not be heard before any action ?

Anonymous   15 August 2011 at 14:50

What is stridhan(complaint u/s 420&406)

Dear Sir,
As I have filed complain u/s 420 and 406 agst wife and her father for jwellery taken excessive of FIR, mentioning list of dowry given by her father, u/s 498A filed by her.They have taken the jwellery agreeing for compromise while I and my father were under arrest.They have given receipt of jwellery with their sign.There are only me and my old father in my family,mother expired. we did not gifted the excss jwellery,also supported by wife's statement before megistrate u/s 498A.The jwellery was of my mother-father.Case is registered in police.IO says to me,"u/ur family have gifted jwellery to ur wife,so I can't recover/arrest or take any action,will give FR".
Pls tell me what should I do.Will FR cause me any harm as i have complained on documentary proof and nothing is false in complain.
Thanks with regards.

Anonymous   15 August 2011 at 14:13

Anticipatory bail

R/experts.
In a annual general meeting of a housing society quarrel occured between member and a president.The notice of the general meeting had not sent to three members,at the time of meeting one of three member asked about notice,the quarrel started between president and the said member,the member fired with his pistol but president has not injured.
After the incident president lodged complaint against three members.The remaining two members were no consult with firing,they also din't no that other member having a pistol.Only to harrass themselves the president of the society lodged complaint.
There are civil dispute going between president and three members,taking this grudge in mind he lodged complaint.
Now question arise that,the two members who have no concern with fire can released with order of anticipatory bail?
If any relevant ruling is available please suggest.

Anonymous   15 August 2011 at 11:50

Father in law in show cause memo accepting not given dowry??

Dear Sir,

false 498A and DVC case was filed against me and my family . I have sent RTI Application to my father in law( FIL ) organization asking about what action will be taken for giving dowry by the govt employee? After that, I got reply for that RTI stating that if proved that my FL has given dowry, action will be taken against rule CrPC 161.

After that I had filed reply to the organization of my FIL, sending the charge sheet and FIR copies of my 498A Case which are certified copies from court where he has already accepted of giving dowry. After that I got following answers from my father in law organization.

MY FL states in his reply to the memo issued by organization he has not given any dowry during the marriage,Further ,being govt servant I am aware about ccs conduct rules and not violated any of the provisions in said rules.... The case is filed by my daughter and the matter is subjudice...the items recieved as gifts during the marriage of my daughter in the affidavit is part of sthree dhan.


1. In 498a and DVC cases affidavits and in his FIR and Case diary statement he has mentioned that he has given dowry and kept our whole family behind bars.can any please suggest any possibility to file cheating or fraud or any other case on him???What can I do in this situation??

Anonymous   15 August 2011 at 11:10

Dischagre questions 3

Discharge application can be filed after filing the charge sheet only or before filing the charge sheet also can we file a discharge petition.

Discharge petition is only applicable in warrant case only & in summon case discharge revision is applicable if yes why so because under law of crpc there is no distinction that discharge petition is applicable in warrant case only & in summon case discharge revision is applicable.

Discharge petition cannot be filed after framing the charge but quashing petition can be filed even thought after framing the charge I am right?

Pls Support the answer with the case law .

Thanks

Anonymous   15 August 2011 at 11:02

two sureties & adjourment.

1) For taking adjournment who has to pay the cost of the adjournment? Court fees is required for adjournment? In a simple plain paper adjournment application can be filed or affidavit is required.

2) Arranging two sureties should not have been a difficult task as the professional sureties remain available in the court premises. What do u mean by [[as the professional sureties remain available in the court premises]]]

Thanks

james   14 August 2011 at 19:58

Trial

how to proceed a trial when a new charge sheet with different sections of law on the basis of further investigation is filed at the fag end of trial?justify with rulings.
whether denova trial is required?
whether another trial to be conducted after

completing first?
whether after framing charges remaining witnesses in the new list to be examined and added to the first trial?

Anonymous   14 August 2011 at 17:48

Cheting and frord

one who have to give me a one lack and the amount was not giving that amount to me , no proof of amount given by us, and any body do not know , and nobody withness for that amount. how should collect amount from him at any section i can collect the amount from him .give me details and suggust me

Anonymous   14 August 2011 at 15:33

Life imprisonment.

Life Imprisonment. Refer this Judgment

Md. Munna vs Union of India & Ors.,SC 2005.

Judgment required also if any other judgment which has overrule the above judgment .

What is the process to known that any judgment is overrule by the other bench or court or by the SC.

Thanks

Anonymous   14 August 2011 at 13:21

Adjourment.

adjourment can be made in any criminal case in any court below HC before framing the charge or after framing the charge?

Also in HC or in SC can give adjourment after in first hearing or before the first hearing also.


In CPC, 1908 there is a law which has mentioned about the adjourement which can be given by the court only for 3 times . Means 3 adjourmnets are allowed & not more than that right ?

But what about in criminal case which section governs the adjourmrnt ? How much adjourment is allowed ? case law or SC guidelines which say about the adjourment do give pls.





Thanks