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kunal   25 April 2011 at 18:22

defamation

We married as on Mar 2008, after 4 to 6 month her father took her for deepawali, never communicate until Jan 2009, and locked up her in house threatened for dire consequences, life & fatal threats and blackmailed her and asked to sign on advocates paper for 498 notice and send me notice with false allegations which prone to 498a.As I send legal answer to the notice, they people prepare to filed suite 498a and took signature forcefully from my wife. With this act of her parents, she got panic and decided to leave her parents home without intimation to them and me also. On 19th Sep 2009 I received call from my wife, she was crying and ask pick her from Nasik bus stand and inform me that she is leave her parents home permanently. Since then my spouse and me live in threats of life from my in laws, their relatives with help of handful local politicians and goons. We have filed defamation suit –section 500,503,504,506,507 in Dec 2010, against my in laws. My wife is complainant, myself witness and victim and my wife’s parents i.e. My in laws are respondent.
We have documentary evidences as follows
1. Notice with various allegations on one of the advocate’s letterhead duly stamp and signature
2. N.C. with police
3. Application with police
4. E mail Copy to S.P.
5. Handwritten letters of declaration of wife to her parents, relatives and nearby

Is this ample to prove guilty??????

N.J. MISHRA   25 April 2011 at 17:46

complaint against employee

please member suggest me,

can a company initiate a criminal case against its employee who assaulted his co-employee by iron rod and caused serious injury to him. if yes under what circumstances.

Anonymous   25 April 2011 at 15:33

Protest application/Review petition

The case under section 376/511 was files against my friend. However, after investigation police did not find any evidence for rape and also no medical report was present. Police filed a chargesheet of Sec 354.

I want to know can the complainant put a protest petition or review application for the same. If yes, by what time they can file this application.
Can they file a writ against police report in the High court. what will be the role of Police in this case.

Anonymous   25 April 2011 at 14:25

Lokpal Bill

What will be implication of Lokpal Bill after enactment finally, I mean, Prevention of corruption act will be deleted?

Second point is , what will happen to cases, filed so far, under the PCA Act, 1988. Will the cases be decided as per new provisions of Lokpal Bill Act or only new cases will be tried under new act?

Anonymous   25 April 2011 at 12:42

Husband has been served lawers notice under the Harijan Atrocities Act

Dear Sir/Madam


We are NRIs who went to india for a holiday and got involved in a neighbours dispute regarding border.
There is a private road approach to around 6 households into which the Neighbour was building a boundary wall . Since the wall was built in a way that bigger vehicles would not have access into the private road, the 6 households including my in-laws .When the talks did not bring results, they have filed a civil case against the neighbour.

This neighbour being a Harijan has filed a case in return saying that my husband and his brother physically assaulted him and that my mother-in-law and all the other 4 households have verbally abused him . He has excluded one household who belong to harijan caste. The lawer has asked for 5 lakhs as compensation.

Since my husband is now not able to come back . He was not involved in the initial discussions regarding border either. HIs Brother who is the other accused in this case has a medical condition because of brain damage , following an accident which causes him to have adverse reaction under stress. This case is now causing a lot of stress to our family .

Could you please help to counter such misuse of the judical system .

Member (Account Deleted)   25 April 2011 at 09:15

138 case stamp paper need help

I have a case in which the accused( name A) does not take a tractor loan from the bank infact her relatives Name B take loan of rs 320000 from the bank.On the default of the payments the tractor sold by bank and RS 140000 credited against the interest plus principal …

The bank officers has taken a signature of name A accused on 100 Rs no judicial stamp paper stating that all liabilities shall be borne by accused name A. the bank also take a 5 cheque from the accused and one one of them they filed a 138 case against the accused.There is no attesting witness on the stamp paper. Also, the stamp was taken on 5/2/2009 and got notorised on 7/9/2010 after 1 year. On cross examination the bank manager ( complainant ) accepted that the loan is taken by name B and also accepted that the accused(name A) signature was not there on the book of notary. The bank(complainant) produces the account statements of Name B. The bank only give their evidences by bank manager affidavit and produced stamp paper ,cheque, notices,etc..the accused did not have any account in this bank . He give the cheque book and the bank using Stamp paper and cheque file the case.on the complainant they said the accused take a loan but on cross exam the bank manager said the name B( his relatives ) take a loan .

My question is what are the defenses I shall take on the above situation
Is there any authority (judgment)?If any please post her so i can produce in a court.

Satish Ravindrakumar Avhad   25 April 2011 at 01:04

Delay in Death Execution

Hi,
Queries are:
1. What happens when the Death Execution is delayed?
2. What is the revised decision in such case?
3. Should it be reduced to Life Imprisonment?


Thanks a lot in advance! :)

Gagan Souri   24 April 2011 at 23:54

Witness in cognizable offence=?

Who would be the witness in cognizable offence?

witness, Who signs the CrpC 161 statements?

witness,Who sees the crime?

witness, who can be arranged[manipulated] by the POLICE?

what are the punishements for such witness who are not actually present @ the time of offence

Anonymous   24 April 2011 at 22:11

nagligency by the public officet

dear sir my driver was beated by the oxe on monday. we the colony memebers already have complented the municiplity commisinor but he is not considering our complents and he is negletling our complent again and again so we have disided that we are going to court against this commisinor so what we should do and what are the provision to fild the complaint against this officer

Anonymous   24 April 2011 at 16:15

SHO & SHC are same (bombay Police act, 1951)

1) Can we say that examination in chief & cross examination is applicable to any criminal cases & only cross examination is applicable in any civil cases & no examination in chief is applicable right ?

2) Who can be a investigation officer as per crpc, 1973 ? Can a police officer in chager can be a IO can a SHO/SHC be a IO or not ?

Some says that SHO/SHC both are one & the same but i think it is not so because both have the different powers right ? can anybody tell where SHO/SHC are define under the bombay police act, 1951.

thanks.