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Anonymous   03 July 2011 at 21:59

calling a women ( Complainant) in police station by IO is legal or not

R/Members
I have lodged a FIR against my in laws us 498 A IPC, now investigating officer is calling me to police station for joining investigation and recording of my statement, i have heard that police cannot call a women,child (Juvenile ) and senior citizen in police station and if required IO have to go to their house for joining them in investigation , if he desire so, if there is any such rule/provision kindly let me enlighten , i does not want to go at police station.Regards
Kiran

ANKIT MALVIYA   03 July 2011 at 21:40

Charge against blackmailing.

A person tokk money from me. He is refusing to return it. So i wrote the matter to his dad. His dad once promised to payback but now he is also refusing to payback. I told him i would send letters to his neighbours telling them how both father and son are frauds. can they file a case of blackmailing against me.?

anil g rao   03 July 2011 at 20:58

main witness of the testimate


hi all ,

A,B,C ARE BROTHERS BY BIRTH WHEN A DIED INTESTATE ,B C JOINTLY MADE FORGED 'A'S WILL IN FAVOR OF 'C'

IN SAID 'A'S FORGED WILL 'B' IS THE MAIN WITNESS WHO IS ALSO MADE HIS WILL IN FAVOR OF 'C' ?

MY QUESTION

AS A FRAUD BY PERSON 'B'CAN ELIGIBLE TO DO HIS WILL FOR ANCESTORS PROPERTY OF HIS SHARE IN FAVOR OF 'C' ?

Q2 IF B IS DIED WITH OUT ANY SHARE OF HIS ANCESTOR PROPERTY IN GOVT RECORDS ? CAN HE MENSSION HIS SHARE IN HIS OWN WILL ?

Anonymous   03 July 2011 at 17:12

case sc st act against a influrnced advocate

sir
iam a sc candidate, i gave my case to one advocate 6months back, he gave me one fake number and fake hearing dates, after few days all his drama came out, then i asked him to immediate return of my file and fee, then
he scolded me a lot foolishly 'with name of my caste' , in his office. already i have family despuits and many personnel problems. he unnecessarily cheated me. this happened on 28-6-2011. i got deep depression by the cheating of advocate. now i decided to file a complaint under sc sc act on that cheat advocate. where i have to give my complaint ? as a small private employee can i file for justice ? getting fear to complaint on him, because he is a higher caste, influenced advocate and rich fellow sir.

Anonymous   03 July 2011 at 15:59

11 Points Clarification Required Regarding Bail.

With respect to the members of lawyersclubindia.com

I request personally to answer the below mentioned query along with the case law & OPINION is welcome.


1) Difference between interim bail & anticipatory bail.

2) we can file both the bail application together in the same court?

3) If the Interim bail is rejected can we file a Anticipatory bail. Or If Anticipatory bail is rejected can we file a interim bail.

4) Condition's can be imposed why granting the bail (Bail means interim & anticipatory both inclusive).

5)When a accused can file a interim bail.

6)Anticipatory bail can be granted by session court or HC ONLY?

7)Interim bail is granted by which court ONLY.

8) Along with the bail application or petition surrender application or petititon is complsuory. But section 436 to 438 has not mentioned about the surrender petition.

9) Difference between a person surrender before the court, police officer, SP or DGP.

10) Meaning of surrender petition.

11) THE INTERIUM BAIL ORDER IS IN FORCE TILL FINAL HEARING OF MAIN APPLICATION FOR ANTICIPATORY BAIL.BUT IF THE INTERIM BAIL IS REJECTED THAN WHAT ABOUT THE ANTICIPATORY BAIL. IF THE INTERIM BAIL IS REJECTED THAN CAN A ACCUSED CAN GET THE ANTICIPATORY BAIL OR THAT WILL ALSO BE REJECTED. So hand in hand interim bail & anticipatory bail application both can be filed in the same court at the same time.

Any apex court guidelines or granting, rejecting or filing a bail application or surrender application. Do post in this forum. or the link of it.

Also required every thing or more knowledge of all bail. Which site or book is more perferable.

thanks to the members who has taken there precuios time do give the answer.

Anonymous   03 July 2011 at 14:57

False promise of marriage, Expolited sexually,aborted my baby and refused to marry

WHICH CASE I HAVE TO FILE AGAINST HIM, A CIVIL OR CRIMINAL LAW SUIT? WILL I GET ANY JUSTICE? I DON’T NEED ANY OUT OF COURT SETTLEMENT OR COMPENSATION FROM THAT PERSON. HE MUST BE PUNISHED BEFORE LAW FOR WHAT HE HAS DONE TO ME.WHAT WOULD BE THE PROCEDURE (COMPLETE ROAD MAP) IF ITS A CRIMINAL CASE?WHAT WOULD BE EXPECTED THE PUNISHMENT?

A man gave me false promise of marriage and he cheated me. He is Mr. Allen Thomas (28 years old) and more over he proclaimed me as his wife. He is from Mammoodu, Changanacherry,Kerala. He is Son of Mrs. BabyKutty Thomas & Lt. Mr. Thomas Mathew, kannikkattu House / Mattathil (H). He is now working as Assistant Manager marketing&sales for DHL Global Forwarding, Chennai. He has a sister named Alina Thomas(BDS graduate). He studied BBA in Marian College Kuttikkanam and MBA in SRM University Chennai (2005-2007).

We are in a relationship for the past 4 years (from College). He proposed me on 07/09/2007 saying that he would like to marry me. He convinced me for everything by promising me that he would definitely marry me. I blindly trusted him. He forced me for Sex and it was a passive rape. He made me pregnant; it was his sperm that impregnated me. Then he pleaded me and forcefully aborted our baby .The reason he told was his sister’s marriage. Then he promised me we would do register marriage but after abortion he refused to do so. Abortion is a terrible event in a woman’s life still I did that for Allen. He gave his word to the doctor that he will marry me later and he will never leave me. Even after that he made me sleep with him till now. Because later on i did not have any other option to preserve this relationship. He said he will go for another girl if I don’t agree with his desires. I had that faith he would definitely tie me the wed lock (even he promised me). I was a student then and did not have any financial support or help to take care of my baby alone. The only condition he put forward was I must convert my religion to Christianity and I was willing to do so. All these happened in 2008 August in Chennai. After that I got admission for MS and I came to abroad in October 2008. But we used to talk everyday on phone and internet calls. I came back to Chennai in October 2009 and we stayed together for three days. Again I came for vacation on 3rd March 2011 to Chennai. On 04/03/1011 he had s*x with me I really begged him not to do but he did and the next day he refused to marry me. Also he denied marrying me in front of his mom and my family. I slit wrist vein of both my hands and tried to commit suicide last month (0n 06/03/2011) and I was hospitalized for 3 days in Apollo Hospital, Chennai. I had to go through a plastic surgery and it took 2 months for me to recover. Since it is a suicide attempt there was a case in Nungambakkam Police station regarding this and I told the police clearly about the motive. But Allen gave money and bribed the police inspector there. I feel God has not really forgiven me because I have not forgiven myself. I suppose, even today, Allen did not have any regrets or taken any responsibility for anything. He ruined my life and my career in all the way. My parents had gone through a very worst situation and my father had pleaded Allen to marry me but he refused in front of everyone by saying he will get a better life. Situation of my family was pathetic and helpless.

He asked me for 50 lakhs of dowry. He had faked love and took 1.60 Lac INR (to pay back Alina's education loan, car loan, Visa fee etc), an Apple Laptop, Blackberry 9700 mobile phone, Canon Camera and all from me. Then i had to seek Changanacherry police (0n 17/03/2011) help to get back all these things.

Allen’s Mother is supporting him for doing all these. Her only demand was not to publicize this issue because her Son should get a peaceful life. I have believed and blindly trusted him alot. Allen was my soul mate and I loved him more than words could possibly describe. Nothing happened in my life without Allen’s knowledge. He pretends that he is very helpful to everyone and he acts very innocent but he is a fraud and liar. I couldn’t recognize his real self till the last moment.

XXXX (don’t want to disclose their name), was a widow and his Ex. colleague from TVS logistics was my bystander for one night in the Srushti hospital(chennai) when he took me for abortion. She signed for my surgery. Then XXXX told me She and Allen had oral s*x when they returned after an OD meet from Madurai to Chennai in a Volvo bus. They hugged each other and slept that whole night.

In between he had 4 months relationship with YYYYY (same time he was in a relationship with me). They met on internet. She is working as psychometrician in New Delhi. I couldn’t believe my ears when I talked to her. She told me that he slept with her when she came for a workshop in Chennai. He justified that incident and told me that it was just an official relationship. He is a s*x maniac. He gave promise of marriage also to her and he asked her also to change her religion to Christianity. She tried to commit suicide because he left her and stopped attending her phone calls. Even after listening to her I have forgiven him and believed his words that he has changed his trait after becoming a father. I had tolerated a lot for this Person. He used to have late night phone calls with girls. I had seen her naked photos in his email. After listening to her I got depression and had gone to a psychiatric doctor and I took stress tablets only for one month. Due to this he is telling everyone that I am a mad person. Because of him I went till that condition of depression and he very well know that. His mental torturing and abuse was terrible.

He is a cheater and manipulator. When he was drawing Rs.11, 800 INR from TVS Logistics Services ltd he created a fake salary slip of Rs.19,796 INR and submitted to Reach Logistics when he joined. That’s how he got a salary of Rs.24,800 INR in Reach Logistics. That’s how now he is getting a salary of Rs.27,800 INR in DHL. He fooled the complete organization .He is very talented in fabricating stories and convincing people by acting like an extra ordinary well mannered gentle man, he is still under the mask!!

Finally, Allen Put the whole blame on me even in front of my family. He denied that he loved me. He left me in that condition when I am in the hospital. I swear, whatever I have written here is only ultimate truth and this was my life. He is a wolf in Sheep's clothing. Again he will trap girls like this for sure. He is pretending it never happened. He is going to marry someone else who can give high dowry and going to live happily but what I will do he ruined my life completely.

I have all proves and evidence for whatsoever I have written above. I have evidence including all text messages, emails, Voice recording, hospital records and receipt of money transfer. Allen had taken my naked photos so I am scared of that too. I am helpless.

Anonymous   03 July 2011 at 14:07

Judge Powers

A judge cannot send the document for expert opinion, because it is not the document of that court, moreover it is not exhibited. Court cannot send it for expert opinion. When can a judge send the document for expert opinion? If the documents are not exhibited then the judge has no powers to said the documents for experts opinion? Also because it is not a court document so here how to understand that which documents are court documents or which can come under the court documents ?

In any case wether it may be cirminal , civil in nature or Tax related matters.

One more questions as we all known that exhibited process is complusory whether it is complusory for criminal & TAX MATTERS ALSO.

Thank.

Anonymous   03 July 2011 at 13:31

Bench B , Bench A whya this names are given alpabhteical wise.

Restoration petition & Miscellaneous petition is also filed under ITAT (Income Tax Appellate Tribunal) so what is the meaning of it?

Also Under ITAT there are various Benches like a b c d & e what are this alphabets & Why this alphabetical order is given to the ITAT.Bench B , Bench A why this bench names are a,b, are so on.

Restoration petition or application can't we say it is Res judicata is applicable or not?

Anonymous   03 July 2011 at 13:11

Binding precedent.

Question: Hon,ble SC has passed an order in a crl SLP that is" Heard learned counsel for the parties. The cause in this Special Leave Petition does not survive. Therefore, no orders are required to be passed. This Special Leave Petition is, accordingly, stand
dismissed.
Kindly explain me meaning of this order.



Answer: The Supreme Court has held that there is no merit in the Criminal SLP and therefore dismissed the SLP. The SLP is is dismissed and orders of High Court has attained finality. Nothing more.



Query: So the HC order is final. It means SLP which has been dismissed cannot be used as a binding precedent. Can we say that any case which is dismissed by any court can not be used as a binding precedent? Binding precedent is not applicable to any dismissed cases.

Anonymous   03 July 2011 at 13:01

Why Police Officer has to remove the Cap he wears.

A police officer can be cross or chief examine or re-examine even if this name is not there in the witness list or the person to whom the cross & chief is going to be held.

Where it has been written that if the person dies & if the police officer sees the death of the person that a person has been died in front of him than he/she has to remove the cap which he/she is wearing?

Can IO & SHO be the same person. but the SHO only the power to produced the chargesheet in the court but if the SHO is absent for some reason or he dies before the chargesheet is submitted than who will forward the chargesheet or has the authority to submittted the chargesheet in behalf of SHO?

Thank U