Anonymous
26 April 2011 at 19:15
In this forum Family a question has arised & the answer's brought some dought to me so pls clarify it. With Respect.
Question :Kindly guide me : Some persons of society like Section officer of govt Department, President of Church Committee, Partor (Priest)of Church, Local Union Presidents, Local Political Party President of area verify on a plain paper that a Husband beating his ABC(wife)and lodge FIR against Husband under 498a. Please let me know that Can a husband file Defamation case againt all persons because the huband did not know and they also did not know husband. Husband is residing in some other city
Answer was given by the LD members was below mentioned.
Answer : Yes, he can. But before taking any action, Husband has to issue notice to the concerned person either to apologize or to prove the truth of the contents.
If those persons are shown as witnesses of that case then the statement u/s 161 crpc does not attract defamation.
So my query is this
1) But my question here is why the husband has to give a apologize letter to the concerned person’s who has filed a FIR on him why? Because as section 499 of the IPC, 1860 does not say that the person against whom a FIR is lodged & that person if he has to file a case u/s 499 against a person who has file a FIR then he/she has to file a apologize letter first to that person who has filed a FIR & then only he can file a case against them U/s 499 of the IPC, 1860 ?
2) It has also been said that the Person’s who has filed a FIR & if he/she has shown as a witness under the FIR column than no case u/s 499 is possible why ? Because section 161 of the crpc & section 499 of the IPC doesn’t mentioned that the person who logged a FIR & if he becomes the witness than we can’t file a case of defamation u/s. 499 of the IPC.
3) So can we say that the witness are safe form u/s. 499 of the IPC. Also we can come to a conclusion that in any cases where it amay be a criminal, civil or matrimonial cases any witness can’t be booked u/s 499 of the IPC. When they are named as a witness under FIR column & even if they insult the person standing front on him under the court during the court proceedings giving the statement whether (chief examination or cross) he/she cant booked u/s 499 of the IPC, 1860. If so than section needs a amend by removing the whoever & restricting to any one but not the witness of the case RIGHT OR WRONG?
4) If the answer is right that on witness we cant file a defamation case than pls provide me the case law of SC.
which say that u/s 499 witness can't be booked.
Pls clarify the issue.
Thanks.
Anonymous
26 April 2011 at 18:30
Sirs,
Section 88 of Indian Evidence Act presumes that a telegraphic message is delivered. I request you to enlighten me about the Fax copy. Whether both ends to the tranmission of Fax copy have to be proved for the purported fax as admissible evidence, when the accused is contesting the same in a criminal case?
There are sections in the Evidence Act with regard to electronic records, but silent on fax transmissions. Please clarify.
Thank You Sirs.
Anonymous
26 April 2011 at 17:23
Respected sir,
in continuation of my last query
can we appeal in district court for review the entire matter in the court. as
not done by magistrate
1) say not heard of the respondent
2) not decided whether allegation put by complainant are correct or false.
3) it was not decided whether complainant is a prima facie.
only direct interim in dv case.
Anonymous
26 April 2011 at 17:21
Respected sir,
in continuation of my last query
can we appeal in district court for review the entire matter in the court. as
not done by magistrate
1) say not heard of the respondent
2) not decided whether allegation put by complainant are correct or false.
3) it was not decided whether complainant is a prima facie.
only direct interim in dv case.
Anonymous
26 April 2011 at 15:26
respected sir,
i want to know that can i apply the stay application in the case of nego. int. act 138 in summons case. if i have already lodged the fir in same instrument. i had read the same quiry in the curnt month dcr but at now i forgat it so kindly me the seggestion for the above quiry.
yusufphatn
Anonymous
26 April 2011 at 15:00
I am a law student preparing for a moot court. the facts of case in brief is as follows:
Asha, a woman was arrested and charged under section 302 and 309 of ipc. she was married to Arvind and they had a girl child who had certain abnormality. this led to discord in their so far a happy marital life.she was mentally disturbed due to the frequent quarrels. following a heated argument with her husband she ran towards a well. she was followed by her child whom she pushed away before her jumping into the well. her husband rushed to rescue the wife and the child. but the child died of brain haemorrhage caused due to the impact of the fall.the mother survived.
i am supposed to defend Asha. the accused. what defence may i take? and r there any similar settled cases in this regard. PLS HELP!!!
Anonymous
26 April 2011 at 14:54
i am not able to find judgment relating to accidental death. i know the citation. its 1. 2007(3) RCR (C)808
2. 2006 (1) RCR (C) 59
3. 2006 (3) RCR (C) 682
can anyone help me to find i....
Anonymous
26 April 2011 at 00:54
In the case of NBW (u/s 70 of Cr.P.C)issued from another state,should the Officer effecting the arrest take the accused to the court which issued the warrant or to the magistrate in whose jurisdiction he was arrested.Also,from wher I could get a copy of arrest memo and remand application.
Anonymous
25 April 2011 at 22:59
Respected sir,
in case of Domestic violence if megistrate of jmfc directly keep interim without deciding that allegation put by wife are correct/ false and false interim order without keeping evidence submitted by the layman in court in mind.
specific thing that till the date of interim only laymen was presenting the case as in person.
1) whether he can appeal anywhere or not for such activity of the trial court magistrate?
2) due to impunge order laymen had fallen sick mentally and the lawyer hired by him lateron finding problem to cater at the situation?
3)laymen has lost the hope for justice in such court and lawyer lost hope due to him as magistrate is female and activating as per female lawyer?
important thing in this case wife has killed the mother of the husband after math with the help of lawyer had filled case of Domestic violence to destroy the lives of the matrimonial home. all allegation are false and baseless and purposely created to give mental harrasment and prolonged the period & accumulation the money in such scene when husband has not earned from past three years and currently got mentally sick.
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