Anonymous
11 April 2011 at 12:40
Hi Expert,
My father is in JC since Aug,2010.In Sept,Delhi High Court has ordered CBI to file the status report within four weeks.But they didn't. Recently on 10th March,the bail application was again not heard as the CBI/State was not ready with their files.(Also for bail Hima Kohli said that 7 months is not sufficient for bail.) Delhi High Court gives the date of July,2011 and also given final opportunities for 2 weeks to CBI to file the status report with the copy to the other side.But CBI has still not filed the status Report yet again.
We are two brother and sister which are of Marriageable age now(both around 25 years old).
We have seen a perfect match for my sister last year in July but in August we have to go undergo this tragedy.Since then we are trying to hold the Groom side but now they don't want to wait till July.So now her would be in laws want to meet my father to fix the marriage asap. Also we don't want that they should came to know that our father is in JC. Its so embarrassing and you can understand no good family in our Indian society will give their son or daughter to a family in which the father is in JC. So is there any chance that we can get Interim Bail from the High Court for atleast two weeks giving the reason that the both son and daughter of the appellant are of marriageable age and so and so.
We have applied for Interim Bail in 4 Nov,10 for the same but Hima Kohli said 2 months is not sufficient. In 2011 we have not applied any Interim bail yet.
Also from 18 April roaster is getting changed and may be Ajit Bharihoke or Mukta Gupta will take over.(Hima Kohli will get shifted to civil cases).(Our case is Criminal-banking frauds).We don't want to specify the name and address of the Groom side as we don't want that High Court may get it verified from CBI and CBI or local police may go to their home and pour all the secrets that we are hiding since a long time
So is there any chance we can get the Interim Bail for atleast 2 weeks in this scenario without verification.
Anonymous
11 April 2011 at 10:32
respected sir,
can the victims family/lawyer get the fsl report of pistol in a murder case if yes then how? if not then how can they check the loyality of documents
Anonymous
11 April 2011 at 09:20
we reached a settlement in mediation centre to end the 498A case filed by my wife at zero alimony as I was not ready to pay anything and my wife was to eager to get divorce. I told them that unless the the case continues I will not let divorce happen. Their demand was initially 10L and gold then they ultimately agreed for zero and we signed a memorandum in mediation centre that says that 498A shall be quashed and all parties shall withdraw any other civil or criminal cases against each other.
The Memorandum states that the divorce shall be effective today and we shall apply to the family court for a formal decree of divorce mutually on the date fixed in the memorandum.
The mediator said that 6 months time is not required when this has been agreed in mediation and once we file petition divorce would be granted immediately. Is is the case as I have heard that there is a six months waiting for second motion.
Anonymous
11 April 2011 at 05:03
Fir 498a file against me and my family .
1 year of speration not yet completd.
What agreement couple can enter for withdrwal of FIR and agreement to apply for mutal divorce after 5 month
When should be payment made to wife. Is it possible for her to file fir again after taking money and signing agreement.
Would aggrement be applicaltion of mutal divorce be vaild.
What is nature of this sort of agreement.
Anonymous
11 April 2011 at 01:07
In a petition under Section 127 Cr.P.C. filed by the 2nd Party/Husband for alteration of maintenance allowance on the ground that, the younger daughter is in his custody since land 6 months. The second party got second married after deserting the 1st Party/wife and presently the 2nd party living with his second wife separately. The 1st Party/wife submit written objection alleging that, in the month of October 2010 the 2nd party/husband took her both daughter for marketing with a promise to return them next day but the 2nd party did not do so and confine both daughter in his house illegally and refused to return them to the 1st party. The first party issued legal notice directing to return them but the Second party did not reply the same. Thereafter some day ago the elder minor daughter fled away from the custody of the 2nd party and presently under the care & custody of the 1st party. But the younger minor daughter of the 1st party still under the custody of the 2nd party.
I am standing for the 1st Party/Wife>
In this situation'
1. Whether the 1st party filed a separate petition under Section 97 of the Cr.P.C. for issue search warrant to recover the younger minor daughter from the custody of the 2nd party in the same proceeding under Section 127 of Cr.P.C. ?
2. Whether any other relief available to the 1st party to recover her younger minor daughter from the custody of 2nd party ?
3. Whether the in this situation the monthly allowance is alter by the Court ?
4. can you provide me any reference of case laws ?
Mr. Kunal Sarkar,
Advocate,
Bongaigaon, Assam
Anonymous
10 April 2011 at 23:25
In a complaint case ACMM has discharged an accused at precharge evidence but the SPP has filed an cr revision in the session saying that the in complaint case there is no proviosion for discharge.
I have one citation(1972) 3 Supreme Court Cases 282 which says "If charge is found groundless on the face of the record, the accused is entitled for an order of discharge."
I need some other citations ...
Anonymous
10 April 2011 at 20:49
if a person is killed by someone else then on which point should we focus to let the culprit behind the bars
Om Prakash Dhusia
10 April 2011 at 20:39
Dear Experts/Guides/lawyers:strange things happen in this column and I have been pointing it out whenever I notice them, no matter what the outcome are because irony is that nobody likes criticism, even a healthy one and every one who claims to be the well wisher of society, has this reason to join LCI column as experts.But seldom these learneds answer the query in its right earnest.For instance a few days back I asked some questions about my son who was never interrogated by the police framed u/s 364,302 and 201 IPC and convicted due to meek and submissive defence.There was an gentleman who did not like my earlier healthy criticism,was quick to shoot a question for being specific on the subject and in return when I narrated the whole episode I found the answer not forthcoming.But there were many gentlemen who did answer it but their answers were not matching my question, however I am very grateful to them but my request to such learneds who do not pay any heed to the questions, is that if they do not know the subject well, please dont make the sufferers to wait endlessly or ask for the story to be known to each and every one but instead simply inform them that THE ANSWER TO SUCH COMPLICATED QUERY IS BEYOND THEIR KNOWLEDGE because it is no shame if learneds do not have answers for each question because a human is a human and he can never become encyclopaedia of knowledge but despite all these hurdles I would still be grateful to the people who have been participating in this column enthusiastically to make it active and alive otherwise this column would have met its end up to now. However there are many experts who have registered themselves as such but I do not find their answer in this coulmn ever.Kindly do not use this valuable column to market yourself to the prospective clients because this is not a business column please.My private email:dhusia599@gmail.com and everyone is welcome to mail me as and when he pleases.I have no personnel or hidden agenda except to help the mankind to the best of my ability and knowledge.REGARDS.
Anonymous
10 April 2011 at 20:26
I am from Mumbai but married in Kochi. My husband and other inlaws are harrasing me and torturing me mentally. They boast of status but can't even keep a domestic help and I have to do daily coras of hose hold from 6am to 11pm.
My father is aware of all these thing and wants to lodge a criminal case in Mumbai u/s 498 a. against them.
Pl. advice if it can be done in Mumbai although marriage was solmanised in Kochi and how we recover our ornaments and other money paid to them in cash and by cheques.
Pl. help us as my father is worried about my safety.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Chq Bouncing case u/s 138
I recently heard from a friend that now onwards accused u/s 138 will have to deposit 10% of the total amount in question to the court which will be non-refundable. is this true? they say that there is also some ruling of Supreme Court on the same recently. Can someone please give me reference of that judgement please? I want to read that.