Ravikant Soni
16 June 2011 at 16:38
I m handling a 138 NI Act case. I m favoring complainant side.
Unfortunately, my client become unconscious and got in COMA after getting an accident.
The file is on the stage of Evidence but due to this condition i have no any way to produce him as a witness.
What should i do to come out this situation?
Am I right if I apply to the court under section 302 of cr.p.c. for permission to change of person to conduct prosecution?
Second:
In this situation how should i prove the legally enfoceble debt due in accused?
Can such person prove the prosecution case?
N.J. MISHRA
16 June 2011 at 16:16
PLEASE MEMBER KINLDY SUGGEST:-
WE HAVE FILED A PRIVATE COMPLAINT UNDER SECTION 500 OF I.P.C., THE ACCUSED HAS BEEN DECLARED PROCLAIMED OFFENDER, BUT HE DOES NOT HAVE ANY PROPERTY IN HIS NAME SO THAT IT CAN GET ATTACHED. SINCE THE ACCUSED IS ABSCONDING ALL THE WARRANTS ARE PENDING AND COULD NOT GET SERVED UPON THE HIM. WHAT FURTHER STEPS WE SHOULD TAKE? WHETHER WE SHOULD CONTINUE WITH THE CASE OR WE WITHDRAW?
Anonymous
16 June 2011 at 09:43
one of my friend is suffering from unidentety calls at midnigit and any time in day. The person who is calling abouseing me and my family members.
What is the remedy she is haveing?
What are the provisons in law to restrain them or these calls?
Anonymous
16 June 2011 at 09:03
Dear Sir,
I am fighting a divorce case against adulterous female and filed 91 application in family court asking for call logs of estranged wife and paramour, it has come to arguments, now the judge says " summoning call logs is not possible" as it that is private, and that amounts to invasion of privacy.
My question is,
1)is that summoning call logs is invasion of privacy in a family matter?
2)is that summoning call logs is private thing ? it falls under private domain?
Please share with me any judgements that are there on summoning call logs in family matters.
Thanks in Advance.
Anonymous
16 June 2011 at 08:52
Dear Sir,
I am fighting a DV case,where the lower court passed an order, on which now step by step it has come to Supreme court, and the SLP is filed but as the vacation is going on, it is not listed, mean while the lower court date is fast approaching (4days from now).
Now please tell me as I don't have stay on HC order, can the lower court proceed with its order?
Or, as SLP is pending for listing in SC, the lower court(MM court) won't/can't proceed further on its order?
In case if the lower court can't proceed further during pend ency of SLP, please share any available judgements or links.
Thanks in Advance.
Anonymous
15 June 2011 at 19:35
If the matter was withdrawn by way of compromise then there is no chance of filing defamation suit? Why so because section 499 of the IPC doesn’t say that when the matter is withdrawn by way of compromise then there is no chance of filing the defamation suit?
Also if it has been said that defamation suit is not maintain against any witness whether the matter is criminal or civil in nature? Why so because section 499 of the IPC doesn’t say that when the matter is related with the witness & evidence given by him in the witness box may be true or may be false then also we can’t go for filing the defamation suit? If the witness use the abuse words during the judicial proceedings then it is a misbehave during the proceedings can we go for CC (contempt of court) or for spoiling the name of the accused in front of every one as it is a open court or during the judicial proceedings can we file a defamation case during the proceedings or after the judgment has been pronounced?
In short Witness doesn't come under the CC (contempt of court) & never ever under section 499 of the IPC.
Thanks
Anonymous
15 June 2011 at 17:57
hi
One of my close realitive in Uttarpradesh has been got the punishment of raping a girl he has got imprisonment for 10 yrs he is in Allahabad Jail... He is married and therefore his wife is in immense tension, Is it possible for her to file a bail application for his realse and what are the chances of him getting bail and how much will be the time frame require and how much money will be needed..
Shivnarayan
15 June 2011 at 17:27
What is more appropriate when a case filed against a person u/s 351 and 507 of ipc both are bailable offence.
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Section 138 of the Negotiable Instruments Act,1881
A Company A had filed a case u/s 138 of the NI Act,1881 against another Company B
1. Company B has gone into liquidation and its Managing Director and the Promoter passes away.The Official Liquidator hasnot appeared at all.
2. Company A is merged with another Group Company but doesnot disclose this fact before the Court.
In view of the above,what shall be the implications of the case ?