vinod bansal
27 April 2011 at 23:34
R/Members
A complaint was filed before Deputy commissioner by 30 persons against a person Rakesh,later on that complaint was found false by police and in further investigation it was revealed that 2 persons in whose name signatures were put on above complaint were already expired and some one has forged there signature,other 8 persons whose name and signature were mentioned in above complaint also stated during police investigation that they never signed any complaint and these signatures are fake one,,,now the person against whom the above complaint was moved before DC has filed a crl complaint and court has summoned all the named accused persons u/ss 499/500/506/467/468/471 read with 149 IPC.My client never signed any such complaint,his signature is fake one .Speciman Signatures were not obtained by police no comparison was made,,,in given facts is this case fall in the preview of section 499/500/506/467/468/471 read with 149 IPC,more specifically us 467-468-471 read with 149 ipc ,kindly advice.Regards
Anonymous
27 April 2011 at 18:40
Is there any judgement which states that late production of evidence in a trial should not be allowed to take as a evidence is there any limitation of taking the evidence ? (Civil Cases & Criminal Cases Both) In any stage during the proceedings ?
If ys than the whole judgment required .
Thanks.
Sandip kumar Sharma
27 April 2011 at 17:37
12th March-2011 time-20.30 evening, my friend Sisu without having driving license purchased a old car ( maruti-model) from a pre-owned car dealer. As he does not know the driving the car dealer gave his driver to drive the car up to my friend house (03km away in same city). on the way both of them went to the temple to perform puja to the car. After priest comleted the puja he put 4 numbers of lemon at 04 wheels of car and handeb over the key to my friend just to move car on lemon My friend did not agree and told I can not,immediate afer he talked with driver if he can assist then he may drive just above the lemon. Driver told yes.
Then my friend went to driver seat and put the key to start the car while driver seating on side seat After few seconds driver instructed my friend to put your right leg on accelerator but my friend did not listen him and avoid him with fear that as per his experience in two wheeler vehicle may run suddenly , but again and again driver insisted him to go for accelerator finally the leg of my friend gone for accelerator and the vehicle suddenly rushed up to 4 to 5 meters and hit a 15 year child leg below knee and a pole aside of the road and stopped ( In hospital child leg has been removed from knee).Before my friend could understand any thing the driver run away in the dark and people beaten my friend and after 30 minutes police came and gave protection to my friend and taken to hospital .{ my friend belongs to Haryana working as an engineer in a private company and accident happend in Salem (Tamilnadu)where common people does not know Hindi and few of them know English slightly}While people beaten no body listen him (He is not only responsible for same but other driver run away ) After on day police called my friend and nothing asked him as police does not know hindi and english and my friend does not know Tamil.police himself through his advocate arranged the bail in court and told my friend in Tamil not to go any advocates place and after wound certificate will come I will send the court for final verdict and you don't have any problem in cut also. After 3 day my friend along with one local man went to police to ask about the FIR and found that FIR is lodged by Third party.As it is Tamil the local man translated in to English and my friend came to know in his name FIR ( IPC-279,337,338) lodged and the other driver name is not mentioned any part of the FIR. Then my friend asked police in english about the other driver police in Tamil told I am not aware about that and fabrication is not possible now, then my friend told its not fabrication its a fact but police not listened and he can not do any thing and tell the local tamil man tell your friend not to go any advocate. The my friend through his tamil friend asked police about the insurance ( as he is not having DL) police told they will get insurance you no need to worry.
Mean time my friend taken care child hospital expenses and arranged a artificial leg and child is about to walk smoothly.
Now my friend is with full tension and his mind went in to depression with a feeling that the compensation money may come to his head as license is not there. mean ime my friend asked the third person who gave the complaint how come you give comlain in my name alone , he told in tamil he has not seen him.
My friend went to the pre-owned car dealer to search the driver they told our driver has no mistake and now he left the job. And next day of the accident they changed the ownership to my frd name i.e. 14th Mrach and transferred the insurance to my frd name on 15th March.
seek your kind suggestions.pls help.pls help, pls help
RAMESH. V.L., Advocate
27 April 2011 at 16:38
I am not a criminal lawyer practicing in civil side,,, but due to family pressure i took one 498-a case of my neighbour they have very much confidence on me.... wife filed 498-A case against Husband for not mending to her demand of making a separate house for their family,,, the spouse hv one girl child in the custody of Mother.. now the said matter is posted for arguements,,, even am also trying to search some citations... but some one who helps me means i will be greatful to them. thank u.....
Anonymous
27 April 2011 at 15:17
When a petition by one co-accused has been rejected, does it necessarily mean that another petition by the other co- accused (though on different grounds), will be rejected merely on the basis of the first application? Need case laws that say No, the case has to be tried on merits.
Husne Mubarak
27 April 2011 at 11:51
Dear Experts,
I have the following queries:
Q1- what are the practical differences between Judicial custody n police custody?
Q2- How and When does a person get Judicial custody instead of Police custody?
Q3- What is the maximum duration of Judicial custody?
With Regards
Husne Mubarak
shekhar dammani
27 April 2011 at 11:35
resp sir,
i m shekhar fr raipur india,
i have a query... plz guide me simply..
i was the first secretary in my residencial society. the society is unregistered yet. i had created 2 email id's of society to communicate to owners. many owners are residing outside the city limits n need to get awared regularly regarding happenings. now since january 16th, working is handed over to new body & i handed one id to new secretary & kept one id myself. the reason behind not handing over another id is because it contains all the important discussions with the owners residing outside the premises. mind it that new body is not an elected body thru procidure & it has handed over between mutual understanding.
now i still keep awaring the owners the facts. some wrong feeding was given by the new body, so i clarify them with evidence & facts. but there is no defaming language used for new body, only the word "ignorance" has used for them... like - "they shld have not shown their ignorance".
IS THAT A CRIME, OR A CYBER CRIME..
plz guide me.
thnx.. shekhar
JAIME
27 April 2011 at 00:47
SIR,
COULD SOME ONE BRIEF ME ON WHAT IS ARGUMENT BEFORE TRIAL?
Arvind Singh Chauhan
26 April 2011 at 22:09
Please seniors tell me where is the following provision.
1.if accused is released on bail by IO, we have to ask bail from court again, while the purpose of bail has been finished and investigation has been completed,now there is no chance of tampering proof and accused is present in court, obeying the order of court. Why we have to seek bail again from court ?. Allahabd HC held in one case that if IO has released on bail on same crime number, court should not ask fresh bail bonds.
2. After taking cognizance, Accused is summoned by court. But while appearing in court, court ask for surrender application. Why?
It has been a tradition or there is any provision? Please refer provision or apex court's citation reverting this, if it is only a tradition.
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D V ACT HELP
RESPECTED SIRS,
MY FIRST WIFE SEPARATED FROM 10 YEARS AND SHE PUT ME AND MY FAMILY MEMBERS IN D.V.ACT 2005.
WHEN I APPLY RTI TO PROTECTION OFFICER VISAKHAPATNAM I KNEW THAT SHE MAKE A FALSE ALLEGATION : IN 14 DEC.2010 I SENT TWO PERSONS TO HER HOME IN VISAKHAPATNAM TO FOR ABUSING AND THEY TOLD IF SHE WILL NOT GIVE DIVERSE AND NOT TAKING OLD CASES THEY WILL KILL TO MY WIFE.
MY WIFE AND HER PARENTS MADE A GOOD DRAMA AND THERE 2 NEIBOURES AND STREET PERSON GIVEN THE WRITTEN STATMENT TO COUNCELING AND PROTECTION OFFICER AND NEAR POLICE STATION ASLO AND POLICE ALSO INVESTIGATE IN HER HOUSE.
SIR, FOR MAKING GROUND FOR D.V.ACT SHE MADE THIS DRAMA AND D.V.ACT IS IN ENQUIRY STAGE.
PLEASE HELP ME SIR, WHAT I CAN DO.
ASHOK