Anonymous
02 April 2011 at 17:46
494. Marrying again during lifetime of husband or wife.--
Section 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted
Query : a person has been booked unde both the case as above said but section 494 says the punishment is for 7 years & section 495 says the punishment is for 10 years so for how many years the offender is liable to be punish ? can any body explain me ?
Thanks.
But
This just a example but different for the above mentioed it is just a example to make me more clear when the fine is also related with the punishment period
Eg : If any section says that if the offence is punishable for 2 yeas with 10000 rs. fine & he is also booked under another section which says the offender s liable for the punsihment for 20000 rs & 10 years imprinsoment than which will prevail or how to calculte the time period of the punishment along with the fine ?
Thanks
Anonymous
02 April 2011 at 16:28
The Administrative Tribunals Act, 1985
SECTION 1 SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Administrative Tribunals Act, 1985.
(2) It extends, - (a) in so far as it relates to the Central Administrative Tribunal, to the whole of India;
(b) in so far as it relates to the Administrative Tribunals for States, to the whole of India, except the State of Jammu and Kashmir.
Query : How to know whether any tribunal is a Central Administrative Tribunal or States Administrative Tribunals becasue if come to know that it is a States Administrative Tribunals or Central Administrative Tribunal than we can apply this act ?
Also for the income tax purpose there is special act known as (ITAT) income tax appellate tribunal so that act is applicable & can we say that The Administrative Tribunals Act, 1985 is also applicable if there is a overriding section than which will prevail first.
Can anybody said me the case law which says that if there is a special tribunal than The Administrative Tribunals Act, 1985 is not applicable PLS.
Thanks .
Anonymous
02 April 2011 at 15:48
Dear All,
I had married to my wife 6 years ago, but somehow she realise that i am not suitable for her, so she started showing her true colour and statrted quarrel to me and my family members. Now since last two years she is living with her parents. Now i decided to end this relation with her but society has started playing game with me . my society people including my parents want to carry on this relation so that their so called izzat remain good in society. Adding to my woes is the fact that her dad and brother is from political back ground.
My question is what should i do if :
1) i file a divorce petiton before court
2) if i file divorce case thn their family will file 498A case against me.then only possible thing is to get anticipatory bail
3) so please suggest the procedure to get anticipatory bail and some other ways to tackle this issue...
Pls. Help.....
Anonymous
02 April 2011 at 14:44
How to remember which offences are bailable , non - bailable, compoundable , non compoundable (in easy way or in short) because some says that they have the chart of all the offences which are bailable , non - bailable, compoundable , non compoundable ) Pls It is my starting year of the LLB Course so pls tell me how to remember in easy way any trick ?
Our any chart than pls giv me.
Anonymous
02 April 2011 at 13:26
Respected Sir / Madam,
I reside in Mumbai & was employed with the largest BPO company of the world in its Mumbai office for 2 & half months.
During my training I used to get harrassed by one of my batch mates, he use to harrass me daily in the training class in front of the trainer.
But the trainer did not use to pay any heed to it.I had escalated the issue twice to the HR & the trainer via email. But they did not take any action on that guy. Since i had escalated the issue so the guy wanted to take revenge on me.
On 19-1-11 when we were returning home in the same office transport,that guy abused me for no reason & started beating me inside the car & dragged me outside the car & severely beat me. Seeing this a large crowd gathered on the road & wanted to lynch the guy.
But I made the driver rebound the car back to the office & met with the training managers & HR upon returning to office. I sustained injuries in my rib-cage for which i had to visit the doctor, undergo X-Ray & medication.
The HR assured me that they will take action on that employee. But after 15 days they said they have done investigations & had found that I was equally involved in the fight (which was sheer untrue).
Even after the incident I used to go to office almost daily & once during my shift the HR called upon me & asked me to write a false statement, stating that I was equally involved in the fight so I want to resign on personal grounds, which was absolutely false.
When I denied to write that "false statement", they said if I do not write that statement, then I will be terminated.
Hence they sent the "termination letter" to my address on 3-2-11, as I was under "Probation period" as per the appointment letter.
Although the "subject" of the letter said "termination letter" but it did not mention neither the incident nor the reason for termination.
It only mentioned that I "was not found suitable for the job" & so they are terminating me. They have given 1 month salary as compensation, but I was entitled to receive joining bonus as per appointment letter, which they have denied to give.
Now, I want to sue the company for their gross injustice & the negligence of the HR to handle the issue effectively & also to get monetory compensation.
As evidence,I have the copies of the email complaints against that guy in my mail box, which I had sent to the HR & the trainer before the incident took place.
I also have recordings of the telephonic conversations with the HR after the termination.
The HR terminated me because even after repeated escalations they failed to control that guy & take necessary steps to ensure my safety in the office premises & office transport. As the HR was negligent, irresponsible, incompetent & failed to do their job appropriately even after multiple escalations. Hence to save themselves from questioning by higher authorities, the HR sacked me illegally.
So could you please advice me whether I have valid reasons to file case against the company or not & what else, as evidence I would need to defeat the company in the labour court to get monetory compensation or get re-instated.
I will be very grateful to anyone who advices me in this regard.
With thanks & regards,
Anonymous.
suman
02 April 2011 at 08:01
I and my family has been falsely booked u/s 498a and DP 3,4.In the FIR and chargsheet my inlawas and there relatives clearly mentioned that they have given huge sum of dowry.I wrote an application to SP of the district to take action u/s 3 of DP Act as per their confession.No action has not been taken by mentioning that under DP Act clause 7(3)protection is given.I again wrote that protection is given only to my wife for not simultinously booking the case but not the family and other relative for giving and abbeting of giving dowry.My lawyer is not interested to write the application u/s 200 crpc.Could you please advice how to approach u/s 200 crpc without my lawyer?
Anonymous
02 April 2011 at 00:15
Dear Sir/Madam
Last year my sister's husband filed a false case of Attempt to murder,fight e.tc(non-bailable cases) to my family(including me,mom,dad,jijs,mama) with a application that we were trying to kill his family .
He filed this case just before the divorce case he filed against my sister so as to impose a pressure to my family.As my sister's husband has affairs with someone else.He tortured my sister mentally and physically also during his stay with him.For that we have filed 498A and the boy also sentenced jail for 4 months prior to the bail from high court.
My question is that whatever the criminal cases he filed against my family is totally false.he only attached a false medical prescription to show the internal injuries to the court for the support.
we have filed anticipatory bail to the court but my lawyer is saying that only 3 bail have granted and rest bails will be served after that.
Lawyer has suggested to come with 6 persons as surety.My papa,mummi and sister has been granted bail by court.
Will each person need two different person seperately for surety?
Anonymous
02 April 2011 at 00:00
Dear Sir,
My sister got married 2 years back,But after 6 months we got to know that her husband has affairs with his Bhabhi.Even the family tortured my sister physically everytime.We wanted to reconcile the matter but that boy was not ready and forcing us to give divorce.
we approached to Mahila cell but it yield no result.The boy then framed us (my father,mother ,sister,mama,jija )everyone in the my family into a false crimnal case like attempt to murder,fight e.tc(non-bailable cases)to the court with a false medical prescription (indicating internal injuries to his father and brother) .and in the mean time he filed divorce case to implicate a pressure on us with the allegation that my sister is suffering from uncurable disease (Mirgi)-a mental disorder with again a medical prescription .
The same medical prescription we have taken from the same doctor without saying anythin to him with the name of the boy by just giving 500 Rs.(About the medical disorder)
We have filed 498A and else to him and he sentenced abour 4 months to jail prior to the bail granted by high court.And also he is not ready for compromise.what step we hould have to take because the judgement time is creating mental pressure and hence causing problems to my family(father-65 years old and mother -60 yrs old)
Anonymous
01 April 2011 at 22:02
Pls answer because the below matter has not been defined under any law till now.
Difference between requisite stamp paper & judicial stamp paper & non judicial stamp paper. which one is more usefull in th eyes of law in any proceedings.
Meaning of Proof Affidavit & Counter Affidavit whehter can be used in Tax Matters. Pls
Again repating the above line because no were defination has been given .
Thanks.
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Communication between ACP and SHO/IO, ?
In a 498a case[between ACP and SHO/IO,
No DP3 & 4 of DP ACT]
from the filing of complaint till charge sheet
What would be the Communication[ documents/memos/orders/instructions]
between ACP and SHO/IO,
if an accused-victim is in Anti Bail[no
arrests].
Advices.