nagarajupatro
15 May 2011 at 12:17
Dear members / experts / friends Please suggest me in the following matter.
A girl married 3yrs ago, dowry and other gifts adorned to the husband and inlaws. soon after the marriage improper treatment and neglected the wife with the institence of parents. all they demanded additional dowry. beat the innocent girl many times. both the inlaws demanded to give the gold ornaments presented to the girl by her parents and asked to bring more money, upon her unwillingness Husband used to threaten to kill her and children and will get remarried with another lady. she begotten 2 female childs. she did not taken back even after the 2nd delivery. one day evening father inlaw of the married women called her parents and asked them to take back her with out explaining any reason. Threatned that If they wont she will be killed. affraid of that situation she was brought to her parents house as she was neglected by the inlaws and husband. Recently she came to know that her husband ready to leave to Singapore and he had illicit intimacy with other lady (details unknown)
Did the 498A attract? What are the important ingredients? above mentioned points are sufficient to claim relief or any corrections and inclusions may be suggested soon.
Anonymous
15 May 2011 at 11:33
Simply Difference between malicious prosecution and for defamation. Because defamation has been defined u/s 499 but what about malicious prosecution in which case law it has defined. Pls also tell the meaning of it. If there any case law which define malicious prosecution than pls post in this forum.
Thanks
Anonymous
15 May 2011 at 04:29
NI Act, 1881
Section [143. Power of Court to try cases summarily.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) all offences under this Chapter shall be tried by a Judicial Magistrate of the first class or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trials:
Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year and an amount of fine exceeding five thousand rupees:
Criminal Procedure code, 1973
262. Procedure for summary trials.
(1) In trial under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned.
(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.
query :
As per section 143 of the NI Act, 1881 it has been said that all the provisions of section 262 to 264 is inclusive is applicable so as per section 262 of the crpc if the case is trial under summary manner than minimum sentence is for 3 months right & as per the abovementioned section 143 of the NI act, 1881 it should not exceed 1 year so form the reading of both the section we can say that the minimum sentence should be of 3 months & maxmium of 1 year for any offence made under NI Act i am right ?
So can we also say that as per sction 262 of the crpc the trial under NI act are always a summons case ONLY ?
It has been said that under section 262 (2) of the crpc , 1973 sentence should not exceed 3 months ? so why section 143 of the NI ac say that it can be extend by the magistrate if deem fit to exten to 1 year so which will prevail whether section 262(2) of the Crpc or section 143 of the NI Act, 1881.
2) As per section 2 of the crpc it has been said that any case which is not a warrant case is a summon case so as per the IPC is any offence is punishable for less than 2 years are called as a summons case right?
Thanks.
Shahnawaz Khan
15 May 2011 at 04:01
In trial of u/s 323,325 IPC applicant/injured died before frame of charge and witnesses(pw1,pw2&pw3) are hostiled and genuinus admitted.what will next proceeding and what will the judgement?
vinod bansal
14 May 2011 at 23:45
R/Members LCI
In one of my criminal case,chief of I.O. was recorded but cross was deferred for next date,on next date I.O. could not appear and Prosecution evidence was closed by court order.Now what is evidentary value of chief of Investigation officer without cross examination.Kindly advice Regards
San
14 May 2011 at 23:22
Hi, Just need to know if a person is sentenced 12 months RI in Punjab, will 12 months means the exact 365 days of imprisonment or less or more?
Anonymous
14 May 2011 at 23:20
Seven persons were charge sheeted for murder one of them was major and six others were juvenile,case of Major accused has already been decided and he has acquitted by sessions court,whereas case of remaining six juvenile is pending before juvenile board,both case are related to one murder case and set of witnesses/ complainant is same,there is some contradictions in evidence of before sessions court and juvenile board,i have listen that court is bound to give benefit of acquittal in given case as one major has already acquitted by sessions court and case of all seven accused is on similar footing.Kindly advice with citation if available,thanks
Anonymous
14 May 2011 at 23:07
R/Members
I had filed a crl case us 325 ipc etc in which accused were held guilty and were released on probation,i want to file a appeal for enhancement of sentence,is it permissible,kindly advice,Thanx
Anonymous
14 May 2011 at 23:04
R/Members
I had filed a crl case us 325 ipc etc in which accused were held guilty and were released on probation,i want to file a appeal for enhancement of sentence,is it permissible,kindly advice,Thanx
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regarding the torture by inlaws and husband of a house wife
Dear members / experts / friends Please suggest me in the following matter.
A girl married 3yrs ago, dowry and other gifts adorned to the husband and inlaws. soon after the marriage improper treatment and neglected the wife with the institence of parents. all they demanded additional dowry. beat the innocent girl many times. both the inlaws demanded to give the gold ornaments presented to the girl by her parents and asked to bring more money, upon her unwillingness Husband used to threaten to kill her and children and will get remarried with another lady. she begotten 2 female childs. she did not taken back even after the 2nd delivery. one day evening father inlaw of the married women called her parents and asked them to take back her with out explaining any reason. Threatned that If they wont she will be killed. affraid of that situation she was brought to her parents house as she was neglected by the inlaws and husband. Recently she came to know that her husband ready to leave to Singapore and he had illicit intimacy with other lady (details unknown)
Did the 498A attract? What are the important ingredients? above mentioned points are sufficient to claim relief or any corrections and inclusions may be suggested soon.