B Guru Murthy
18 May 2011 at 20:41
Dear Experts,
I have recently received my 498a summons from lower court.
Accused whole family members.
Is it the right time to go for Stay,
Are there any chances/counters to stop my stay by the other party.
Anonymous
18 May 2011 at 20:28
Ld advocates,
Husband demands dowry, wife files a restitution petition to live with husband but later wife came to know that husband commited fraud she withdrew the restitution petition before family court and files a criminal complaint.
Does these events mean wife condoned dowry demand and hence husband cannot be prosecuted for dowry demand. even if prosecuted will this condonation raise any reasonable doubt in acquitting the husband.
Please give your expert views.
anantha madhav
18 May 2011 at 20:27
Hello Forum Members,
Can we file quash after receving summons.
If so, what exhibits are needed apart from petition.
Your answers please.
AtulSha
18 May 2011 at 19:35
Respected Sir,
I have been made as accused no.2 in a case in Ujjain (M.P.) under sections 420,468,471 under which I was imprisoned for a week and in 2008 I was grantede bail by honourable Indore High Court. Thereafter my lawyer has been attending the case in 4-5 times I have also attended the court . The chargesheet has been framed and It so happened that on 10.12.2010 my lawyer at Ujjain unfortunately forgot to file exemption petition on my behalf and again the Sessions Judge cancelled my bail and issued warrant. As my wife had an operation lfo9r Breast Cancer in Coimbatore and then in Mumbai I am not able to recall the warrants as there is no body to look after my wife for regular treatment which will conatinue till July 2011 for chemotheraphy. In this case can we recall the warrant without the presence of the accussed or any other arule ot recall without any hardship as i find there is some risk to surrender due to the influence of the local people who are the complainants.
Please help me out of this problem,
with Warm Regards
AtulSha
Anonymous
18 May 2011 at 17:27
Dear Experts,
If any one, gather the mail- ids and forward them alleging "X" company, does this "x" company can file a case, if so how ?
what action to be taken ?
what are the acts and sections related to this crime ?
Anonymous
18 May 2011 at 15:42
We are facing false 498a, 406, 34. My charged brother has been now in jail since 27.04.11. Session/JMFC have been giving hearing on 04.05.11, 12.05.11, 16.05.11, 18.05.11 & 21.05.11 without justification as there is no prima facie in that case as there are no medical proof, no witnesses. On 12.05.11, our lawyer asked the IO (ASI) about the arrest warrant as he arrested my younger brother without arrest warrant and search warrant. Then the Session Judge called for the statement of IO (ASI) & SHO of the concerned Police Station but they didn’t turn up on 16.05.11 and 18.05.11 that’s why Judge re-fixed the hearing on 21.05.11. Meanwhile the ASI threatened my younger brother by saying that he would not let him out from the jail till next year.
If ASI will always absent willingfully to attend the court then what would happen & the Session Judge is neither accepting nor rejecting the bail of my brother. How can we get my innocent brother out of the Tihar Jail. Please give me some advice. Thanks in advance. I require ho'ble members' advice very urgently.
Anonymous
18 May 2011 at 15:37
RES JUDICATA APPLIES ONLY TO THE CIVIL PROCEEDINGS.
Question: Case law which say that it is applicable to the civil & not to the criminal proceedings.
Civil Proceudre code, 1908
Doctrine of res subjudice Section 10
and
Doctrine of resjudicata Section 11.
What is the difference between the above 2 section .
Thnaks.
Anonymous
18 May 2011 at 13:42
Dear Sir,
I am a Registered Money Lender in Maha State Regd under Bombay Money Lenders Act.
I lend the Money on the basis of security Gold i.e Gold Loan.
My Question is
Many Customers come & take the Gold Loan which I personally dont know them. what if the gold given as security is of robery.
What Precaution Should I take ? I usally take their ID Proof & Address Proof. If the gold is of robery can police seal the gold given to me.
What are the Security Measures in such case in order to secure my money? Please provide the detail guidence
Ram Sowrya
17 May 2011 at 23:01
Dear Forum,
Today i went to Womens Protection Cell in my city hyderabd[A.P.] to get the certified copy that 498a is compoundable offence in A.P.
as quoted by -
Mr. S. Umapathi IG, state women’s protection cell, says, “In the state we have made 498A a compoundable offence. If the Dowry Prohibition Act is added to it, then it can’t be made compoundable and there has to be a trial conducted in a court of law.”
Then i had discussion with DSP of womens protection cell before taking the Certified copy on 498a to defend myself.
Further she told that i am not eligible after looking my FIR that there is a claim by my wife that she has given dowry, that itself is a DP Act. and further said no need to file a case u/s 4 of DP Act.
Question:
Claim of Dowry given by my wife is itself a DPAct on my part
Or
a case has to be filed u/s 4 of DP Act by the POLICe/IO.
Please enlighten me in this regard.
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