Anonymous
15 July 2011 at 08:46
sir, iam a sc candidate, had clash with 1 fellow , he scolded me a lot including my caste name, i went to concerned police station and told all to on duty ASI, ASI enquired me and finally he is telling that you are telling all facts of your quarrel, but you both are well educated then how that fellow use your cast name ? iam not believing, and told to me dont try to put false case on a higher caste fellow. and i wont take your case under atrocity act, then he returned my complaint. then i met one advocate discussed all. now advocate is telling we file directly in the court, court will send case to concerned police station. is it comfortable to my case or not sir? please guide me the proper route to file my case under atrocity act sir
Advocate Vasundhara
15 July 2011 at 08:06
sir,
In a criminal case of my client, the trial is going on from 1999. Till date only the IO had given evidence. Nobody else including the complainant had come to court till now.
Can I file petition for closure of evidence?
Is there any specific sections for this?
Can you please give me some citations for this?
Advocate Vasundhara
15 July 2011 at 06:45
Sir,
What is the difference between secion 65B and section 45A of Indian Evidence Act?
In a criminal case of my client, a CD is produced as primary Evidence. As per my understanding, I can object to the admissiblity of the CD as evidence citing sub-sections 2a,2b2c and 2d of Section 65B.
Sir, my question is when to use the Section 45A?
1. Use the section 45A along with the section 65B?
2. Use the section 45A seperately?
Anonymous
15 July 2011 at 00:42
A woman is giving threat to me that she will file a case of having physical relations on false promise of marriage.
I never had sexual intercourse with her and never made any marriage promise.
The lady has gone out of her mind that makes me believe that she can go up to any extent to spoil my life as i declined to her marriage proposal.
My queries:
1) Can a woman lodge FIR for rape without any proof ?
2) I heard rape charge is non-bailable and man is kept behind the bars till the court acquits him. Is it right ?
3) Does the court ask woman to go for medical test to prove whether man had intercourse with her or woman's words are taken for granted ? Is there any provision of medical tests in our system to prove sexual intercourse ?
4) In my case I never had intercourse with her. Can she still put that charge on me ?
other facts:
1) I am post graduate from top tier college of India and employed in MNC.
2) She is 4 years older to me and more qualified than me. (..but now she is mentally unstable and can go to any extent to spoil my life...)
Experts please help....can she trap me in false charges of rape/having physical relations on promising marriage...
Gaurav Saini
15 July 2011 at 00:13
Mr A , accused in 498A, 406 declared Proclaimed Offender. Trial also running for Divorce in another court. Can Mr A still contest the matter? Is there any limitation on any lawyer appearing for him?
Advocate Vasundhara
14 July 2011 at 22:57
Sir,
CD is produced as primary witness in a case of mine. In cross examination, How can I know the contents of that CD? without knowing it how can I cross examine?
Advocate Vasundhara
14 July 2011 at 19:21
Sir,
In a false criminal case in which my client is innocent, the prosecution has presented a audio conversation in a CD as primary evidence. The CD was collected by IO in 2004 and presented in court in 2005. The trial is in Evidence stage. In the chargesheet no experts had given any opinion on the CD contents. Even in chief examination no prosecution expert witness was produced. Now the case in cross examination stage.
1. Should I file a petition u/s 45A of Indian Evidence Act and request for expert opinion now?
2. Or just let it go for now and later in defense argument, argue that the CD was not examined by expert as per section 45A of Indian Evidence Act. And also argue that the CD should not be relied upon and aquit my client.
-------------------------------
INDIAN EVIDENCE ACT 1872 - Section 45A -
Opinion of Examiner of Electronic Evidence:
45A. Opinion of Examiner of Electronic Evidence.-When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000(21 of 2000)., is a relevant fact.
Explanation.--For the purposes of this section, an Examiner of Electronic Evidence shall be an expert.
Anonymous
14 July 2011 at 18:35
What are the steps to do by a lawyer in getting an anticipatory bail for Accused 2 and 3 in 498a case.(who are not at all to be considered as accused).
How many days does a judge usually take for sanctioning the Anticipatory bail for this common type of false 498a complaint.
Generally on an average how does an anticipatory bail costs? is it irrespective of number of accused persons?
Praveen Sharma
14 July 2011 at 16:40
Dear Sir, One of the partner of my company has fraudulently transferred funds in favour of his relatives. Where to lodge F.I.R ? whether in police station where the company is registered or where the bank of the company has its account. The fund transferred through the cheques of company's account. Pl. Suggest or where the accused lives.
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CD as Digital evidence - How to question its genuinity?
In a criminal case of my client, CD is produced as primary digital evidence. It was exhibited and marked as MO in court by the IO. Now case is in cross examination of IO.
Sir, My query is
1. Should I file petition u/s 64B of Indian Evidence Act?
2. Or should I file petition u/s 45A of Indian Evidence Act?
3. Or wait till Final Argument stage and argue that the CD was not proved u/s 45A of Indian Evidence Act. So that CD should not be considered as evidence?