Anonymous
11 June 2011 at 22:20
namaskar,i am one of the victim of 498 a and even i dont know what acts has been put against me, i m one of the victims i and my maternal brother has not applied for bail,my brother had aplied for bail from lower court but it went in vain,As per my lawyer for anticipatory bail, for my bail get done i need to pay thirty thousand rupess and my brother bail aplication is still lingering on with the high court(anticipatory),i have two charges as pr my best knowledge first one is illicit relationship with my brohter which is out of reality,second threatening her for leaving home which is also not correct,she was living with my maternal brother somwhere else and i and my real brother used to go to meet them,she has not left my real brother also with the charges that he was also indulge in threatening her,she didnt leave my bua fufa ji and my rest of maternal brother and sister in law,at every date my lawyer keep asking for the 500 rs from my father,please guide me what can be done and as per police theyhave not filed a charge sheet against ustill now in front of court,but my bua fufaji sister inlaw and rest of the two brother has got he bail
yogesh kumar solanki
11 June 2011 at 22:11
An application for juvenile declaration is pending before judicial magistrate.Regular Bail application is pending before session judge. Is the Bail application maintainable or not?
Anonymous
11 June 2011 at 21:53
The A.C.B. deals with three types of cases, viz (1) Trap Cases (2) Disproportionate Assets (D.P.A.) and (3) Cases of criminal misconduct causing loss to government and obtaining pecuniary advantage to herself/himself by misusing powers or abusing position.
Question: (So what does Trap Cases & Disproportionate Assets (D.P.A.) means)
Also who is higher ACB or CBI. I know both are different & both have different powers but which will prevail or which will override to whom in terms of powers.
Anonymous
11 June 2011 at 21:45
Judgment and finding of any Civil Court prevails over any criminal court. But vice - versa is possible.
Any case which say that (Judgment and finding of any Civil Court prevails over any criminal court. )
So we can say direclty that civil court has given more importance than the criminal courts.
More Opinion required. LD members are welcomed.
Anonymous
11 June 2011 at 18:09
Husband filed Restitution of conjugal rights and wife immediately after that 498a,406 4 of DP-Act and Crpc 125 and also divorce.
I waited till I/O to file charge sheet got CC numbered at J.M. Court and collected all evidence from police through RTI and made complaint against I/O. The I/O was given departmental action under 8 charges. Re- investigation petition under Crpc 173(8)was submitted by new I/O and waiting for court order. J.M. Court returned 3 times the petition with remarks for corrections.
1. Is that further investigation will be beneficial for husband? Can we expect for Mistake of fact or 'B'-report?
2. Is that police will try to establish the old charges in new Charge sheet? to justify their investigation.
3. Is that advisable to go for quash of charge sheet in HC ? please advice.
Anonymous
11 June 2011 at 17:00
sir,we are in dispute over a land area which was sell by a person to my parent after a month he is refusing for so ...now now my parent put an FIR(about 15 day earlier) but no action is taken till date.now what action should we take and whom to ask for the same??????
avinash
11 June 2011 at 15:20
Hello,
I am a senior citizen staying in a housing society since the last 38 years along with my wife and daughter.
Recently there was some civil work being carried out by my immediate neighbor & on the floor above me. Due to the heavy duty work being carried out simultaneously in both the flats as they had used bulldozer type machinery to pull down their tiles & carry out their other work and due to which a slight hair line fracture came up on my false ceiling. I brought this to the notice of the managing committee vide my various letters from early this year, where no concrete action was taken against these two members.
As there was no response from the managing committee I personally visited the society office & requested one of the committee members to look into this matter. The managing committee then appointed the Jt.Hon Sec to look into this matter. On 25th Jan 2011 the Jt.Hon Sec along with a building watchman visited my premises n took stock of the situation. On 27th Jan he then shot out a letter to me stating that we are looking into the matter & will get back as soon as possible.
On 5th or 6th March 2011 I received another letter from the Jt. Sec which was a CC sent to me. It was a letter to only 1 of the members in who’s flat the work was going on. The Jt. Sec had informed the said party that it was due to him that the false ceiling had cracked and had requested him to send his architect for physical inspection and to solve the matter amicably. I had in my communication mentioned to the Managing committee that as I did not know due to which of my neighbors work the cracks had developed and to kindly please send a surveyor to take stock of the situation.
That neighbor did come to my premises when I was not there along with his architect saw my premises n verbally told my wife that it was not due to their work that my false ceiling had collapsed.
On 16th march 2011 I had gone along with my family to the cardiologist for a check up as on 15th Feb 2011 I had to undergo an angioplasty. When I returned at 9:15 – 9:30 P.M to our horror as I opened the door I saw that the false ceiling had totally collapsed & was on the support of the two fans which too could give way due to the heavy load on it. As it was such a catastrophe I called up the Jt.Sec to come and visit my flat & see as to how the entire false ceiling had collapsed due to his negligence. He gave me an excuse that as he was out he would not be able to come that night & would come the next day. I had got very worried as the situation was very bad, so I called upon 2 other committee members to please take stock of the situation. One of the committee members also advised me to take out photographs for my future reference.
The next day I again tried calling up the Jt.Sec but he did not respond to my call and after some time called up on my daughters mobile & informed her that he was coming , to which my daughter requested him to come with the other senior committee members so that some timely & quick action could take place. He informed her that they would not be able to come & that he would be coming alone.
He saw the disaster caused & I brought it to his notice that had he taken timely action such a scenario would not have occurred due to which there was a heated argument amongst us. He then got very furious and very close to my daughter to attack her. Upon leaving he also threatened my daughter that see what I do…. As there was a family friend’s death event, my daughter along with my wife had to rush there & did not pay heed to his threat as they were getting late. The Jt.Sec in the mean time went to the police station & filled a N.C against my daughter & me for false allegation, misbehavior, physical handling & using abusive languages. The officer in charge called upon my daughter & warned her of the same where she asked the officer if she had to come to the police station where the officer in charge informed her that it was not needed. In response I too filled a reply to the police for all that had happened as suggested by a couple of friends on emergency basis for which till today the police has yet not called upon me.
He later sent me a notice thru his lawyer for the same which was adequately defended by me & then again it was followed by another letter by his advocates asking for an unconditional apology from both of us. Which I again refused as it was my case before him & not vice versa.
Suddenly on 3rd June 2011, I again received a call from the area police station as to not to cause any disturbances with him by abusing him and I was asked to come to the police station. Upon a little inquiry from the officer in charge I was informed that the Jt.Sec had filled another N.C against me that I had abused him on the night of 2nd June 2011 @ 8:30 P.M. in the building premises & that he also has a witness to the same. I was shocked as the previous day from afternoon 2 P.M I was out of my house along with my wife & had returned home only @ 11:30 in the night.
I now want to find out as to why is the Jt.Sec putting false allegations’ against me? & what could be his future game plan? What is he trying to achieve? Now I have a fear that he could again try similar tactics to frame me & my family in some way. I would be obliged if you could guide me for the future course of action/precautionary measure to stop this menace.
Thank you in advance
God bless
Mr. M
Rajesh
11 June 2011 at 02:21
372 cr pc appeal against acqittal by victim in session court---any limitation on victim under sac.378 cr pc
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reinstatement after acquittal by high court
Sir plz guide me in this
I have been acquitted by High court in an appeal against the special court conviction in ACB case, corruption act
Now the govt wants to go for SLP without reinstating me in to service
what to do? now?
What are the remedies for me
I have been dismissed from service on conviction by lower court only, no other departmental enquiry was conducted no other charges were framed against me
Thank you