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Ram Sowrya   14 May 2011 at 21:35

Tansfer of Crminal Case

Dear Members

Can we file a petition to transfer my 498a case to CBI?

If Yes, Which Court

Answer Please

Anonymous   14 May 2011 at 15:41

Very IMP IMPPPP.

http://www.bombaybar.com/bar_association/court_associations.php

An advocate on the rolls of the Bar Council of Maharashtra & Goa can practice anywhere in the country, without additional enrolment, and in the Supreme Court of India.

1) Question: So what about supreme court rules which say that for practising in SC we have to first pass the exam conducted by the SC & then he/she will be called as a AOR & then only he/she can appear before the SC. So which will prevail. Tell me

2) Chagresheet, other legal documents & FIR copy should be maintained by the Police officer for how many years. When a advocate ask the SHO or competent police officer for the old chargesheet , FIR or any legal documents at least 5 years or 8 years back then SHO or the comeptent person liable to give the documents if yes than what is the time limit.
3) The judgment passed by the judge & undersigned by him should be maintain by the court for how many years.

Mention the section or any case which say the above mentioned .

Thanks.

Anonymous   14 May 2011 at 12:35

ON HOW TO PREVENT ACCUSED FROM GETTING ANTICIPATORY BAIL

FIR has been registered against the accused for charges of Cheating ( section 420 of IPC).

Accused has now applied for anticipatory bail. Despite case being registered for the offense almost 40 days ago, no investigations could take place so far, as though police has been calling accused to the Police Station, the accused has not reported to Police so far, and now under the fear of arrest, has applied for anticipatory bail, hearing of which is going to take place about 45 days after the FIR has been registered.

QUESTION IS CAN THE COMPLAINANT PREVENT ACCUSED FROM GETTING ANTICIPATORY BAIL? AND IF YES, THEN HOW HE SHOULD PROCEED?

Anonymous   14 May 2011 at 12:34

ON HOW TO PREVENT ACCUSED FROM GETTING ANTICIPATORY BAIL

FIR has been registered against the accused for charges of Cheating ( section 420 of IPC).

Accused has now applied for anticipatory bail. Despite case being registered for the offense almost 40 days ago, no investigations could take place so far, as though police has been calling accused to the Police Station, the accused has not reported to Police so far, and now under the fear of arrest, has applied for anticipatory bail, hearing of which is going to take place about 45 days after the FIR has been registered.

QUESTION IS CAN THE COMPLAINANT PREVENT ACCUSED FROM GETTING ANTICIPATORY BAIL? AND IF YES, THEN HOW HE SHOULD PROCEED?

Anonymous   14 May 2011 at 12:32

ON HOW TO PREVENT ACCUSED FROM GETTING ANTICIPATORY BAIL

FIR has been registered against the accused for charges of Cheating ( section 420 of IPC).

Accused has now applied for anticipatory bail. Despite case being registered for the offense almost 40 days ago, no investigations could take place so far, as though police has been calling accused to the Police Station, the accused has not reported to Police so far, and now under the fear of arrest, has applied for anticipatory bail, hearing of which is going to take place about 45 days after the FIR has been registered.

QUESTION IS CAN THE COMPLAINANT PREVENT ACCUSED FROM GETTING ANTICIPATORY BAIL? AND IF YES, THEN HOW HE SHOULD PROCEED?

Anonymous   14 May 2011 at 11:14

USE OF LOKADALAT

CAN A LOKADALAT JUDGE SIGN THE AWARD IF IT COMES UDER DOUBLE JEOPARDY EVENTHOUGH BOTH SIGNED.

IF SIGNED BY THE ACCUSED KNOWINGLY OR UN-KNOWINGLY ON THE ORDER. COMPLAINANT TAKING UNDUE ADVANTAGE OF THE SECOND CONDITION OF IMPRISONMENT AFTER COMPLYING THE PAYMENT OF 50 THOUSAND ON THE SPOT IN THE COURT AND ALSO FILIED A PETITION IN THE SAME COURT FOR EXECUTING THE SECOND PART OF THE AWARD. CAN THE COMPLAINANT FILE AGAIN ON THE SAME ORDER EXECUTION ONCE THE AMOUNT IS RECEIVED BY HIM AS PER THE AWARD. EXCEPT IMPRISONMENT IS NOT ALLOWED BY THE JUDGE. CAN THE COMPLAINANT ASK THE SAME JUDGE TO REVIEW HIS OWN ORDER & IMPLEMENT THE SECOND PART OF AWARD IMPLEENTATION.

IS THE COMPLAINANT PETITION CAN BE MAINTAINABLE IN THE SAME COURT BEFORE THE SAME JUDGE???

LOKADALAT s ARE CREATED TO SERVE NOT TO PUNISH IF THIS APPLIES THEN WHY THE PUNISHMENT PROVISON COMING IN TO THE PICTURE FOR A FINANCE COMPANY IN THIS CASE.



KINDLY GUIDE ME WHAT TO DO & HOW TO AVOID THE SECOND ART BECOZ THE ACCUSED IS A GOVERNMENT SERVANT & THEIR ENTIRE FAMILY COMES ON ROADS IF IMPLEMENTED. IS THIS IS THE MOTTO OF LOKADALAT??

THE COMPLAINANT DEMANDING NOW TO PAY 1 LAC TO WITH DRAW THE CASE ELSE HE C THAT THE SECOND PART WILL BE EXECUTED.

IS THIS LOKADALAT USE it is SHOWING FAVOUR TO COMPANY ONLY BY ALLOWING DOUBLE JEOPARDY?????


param   14 May 2011 at 09:23

Declaring PW hostile can be denied by court?

Can court deny to declare PW hostile?and circumstances in which court can and case laws in this regard.
Thanks in advance

Jayesh Kumar   13 May 2011 at 23:03

Live in relationship ipc 494

A married man left his legally married wife and started living with another woman. Over the number of years they got children also. The question I post for all the legal brains and experts are can the SC's observation and judgements holding that long term live in relationship akin to marraige and marraige if nothing against to prove it exists can be used as the prosecuting and proving factor for a case of IPC 494 if the husband and the lady are proved to be in long term relationship akin to marraige living with all factors pointing towards marraige between the parties?? The legally married wife traced her husband and the proofs obtained were-- 1.) Admission form of the child of the parties with the name of father as her husband, name of mother: the second lady and the occupation of the mother(2nd lady) of the child as "Housewife" 2.) A 161 CrPC chargesheet against the relative of the wife who had gone to check, who was booked on a criminal case of beating the husband, obviously to tharft of efforts of exposure. The witnesess in the chargesheet though have claimed that the relative had done "mar-peet" with the husband they have also stated that the husband lived along with the 2nd lady as a family and they have children. What is your respected opinion on this matter? Many ladies like this suffer. They deserve justice. Regards, Jayesh Kumar

Jayesh Kumar   13 May 2011 at 23:00

live in relationship ipc 494

A married man left his legally married wife and started living with another woman. Over the number of years they got children also.

The question I post for all the legal brains and experts are can the SC's observation and judgements holding that long term live in relationship akin to marraige and marraige if nothing against to prove it exists can be used as the prosecuting and proving factor for a case of IPC 494 if the husband and the lady are proved to be in long term relationship akin to marraige living with all factors pointing towards marraige between the parties??

The legally married wife traced her husband and the proofs obtained were--

1.) Admission form of the child of the parties with the name of father as her husband, name of mother: the second lady and the occupation of the mother(2nd lady) of the child as "Housewife"

2.) A 161 CrPC chargesheet against the relative of the wife who had gone to check, who was booked on a criminal case of beating the husband, obviously to tharft of efforts of exposure. The witnesess in the chargesheet though have claimed that the relative had done "mar-peet" with the husband they have also stated that the husband lived along with the 2nd lady as a family and they have children.

What is your respected opinion on this matter? Many ladies like this suffer. They deserve justice.

Regards,



Jayesh Kumar

Anonymous   13 May 2011 at 19:59

Bail

Difference between section 437, 438 & 439 because all the section take's about the bail only so we cant find the difference between interim bail & anticipatory bail.As this 3 section are for the bail purpose but which section speaks of interim bail not define.Also the difference between this 3 section really confused.