stylistperson
30 March 2011 at 06:05
I have submitted the summery of situation into forum for further advice under TRAPPED BY MISUSE OF 498A.
I seek advice on current situation. We applied for Anticipatory bail for my brother & my father. The Court has given date of 29th march and now extended to 5th of April.
I am living overseas and whenever I talk to my family there, they seems upset and frustrated by living away from home over a month now. I suggested to keep patience and trust on lawyer and a system. The matter takes time.
There is a risk of that may be we can not get anticipatory bail of my brother. In that case what can we do that he do not have to get arrested by police? If in case of he has to arrested then can police harrash him while in custody? What can be technically safer for my family?
As there is no one else except my old parents to run here and there, we wish to keep my brother out of custody. Please advice.
Thanks.
Anonymous
30 March 2011 at 00:21
1) It has been said that a secnd wife cannot claim alimony for the husband but th children of the second wife can claim till they attain te age of majority as per the indian majority act ? any case laws ?
2) We all known that when a court gives any judgement the reason should be there but as far te SLP is consent i have heard that in SLP there is a law declared if th court gives the reason for dismissing the petition. so can we sy that if no reason is given thatwhy a SLP is dismissed than no law is decalred ?
Also if any case is dismissed in any court in india it has been said that doctrine of precedent is not applicable to that case because the case is dismissed & not in the favour of any one of th party ? Doctrine of precdent is not applicable ?
Thanks .
Anonymous
30 March 2011 at 00:16
Indian Penal Code, 1860 Section 54
1) Section 54. Commutation of sentence of death.-- In every case in which sentence of death shall have been passed, 3[ the appropriate Government] may, without the consent of the offender, commute the punishment for any other punishment provided by this Code.
Query : so can we say after reading the the abovementioned section lines which says
(may, without the consent of the offender, commute the punishment for any other punishment provided by this Code.)
the court can so without the consent of the offender charge also punishment other than mentioned punishment mentioned u/s. 54 Pls clarify it in detail. ?
57. Fractions of terms of punishment.-- In calculating fractions of terms of punishment, 4[ imprinsonment] for life shall be reckoned as equivalent to 4[ imprisonment] for twenty years.
55. Commutation of sentence of imprisonment for life.-- In every case in which sentence of 4[ imprisonment] for life shall have been passed, 5[ the appropriate Government] may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years.
Query : I understood the meaning of section section 55 but confused on section 57 as what does it means is it relevant with section 55 or not which will prevail whether 14 years or 20 years pls clarify me in detail confused whar does the section 57 wants to convey ?
Thanks.
Anonymous
29 March 2011 at 20:38
my immediate senior officer gave some false information to my appointing authority in order to frame some charges against me.he gave under presure from higher authority which he confess to me on later date.i served private notice to reply with in 15 days failing which i will proceed legally.he instead reply to me fell before managewment to take asylam and management issued charge sheet alleging threatning superior officer with legal consquences.i served legal notice for his no reply to my private notice.now i am going to file civil suit for damage.can management issue charge sheet and is it maintanable in court of law,based on received report by him.i asked for copy of complaint under rti act to suuport my claim.am i right till now.
Vivek Raju
29 March 2011 at 12:28
I am working with Hindustan Petroleum Corp Limited (a central government undertaking under MOP&NG) .The company was formed by acqusition of erstwhile multinational Esso Inc India Limited through an act (called Esso Acqusition act 1974) passed by the indian parliament.
I have been charged with IPC section 120B r/w 420,467,468,471 based on some actions taken by me during official course of duty.The FIRs for above (although the FIR did not mention my name) were registered under section 13 of PC Act along with above sections of IPC.The sanction to prosecute was refused by the employer and chargesheets filed only under sections of above sections of IPC.
The Addl Chief Judicial Magistrate has now framed the charges in above sections of IPC.My specific querries with ref to above are as follows:
1.Whether prtection under section 197 under IPC is available to me.As per my general understanding,it is available to government servants only and not to Public sector employees.The power to remove me from the service rests with my employer only.However,there is one school of thought that the public sector undertakings formed by specific acts of Parliament will be treated differently and section 197 will also be applicable to it's employees.
2.If not,whether it is lawful on part of prosecution to carry out investigation under PCACT/IPC,seek sanction from employer and in case of no sanction,file chargesheet under sections of IPC only-as denies the very purpose of providing protection in PC Act of stipulation of prior sanction
Anonymous
29 March 2011 at 11:18
sir,
In the FIR following sre missing. What is the effect-
1. There is not mention any date on which the share certificate is handed over.
2. That the share certificate in question was handed over in four intervals in the period running from jan to december but the complaint failed to mention the specific date on which share certificate has been handed over and but was the value of the shares on the date of entrustment at first instance, in second instance and so on.
3. No name of witness is mentioned in the FIR.
Please guide by proving the latest judgement on the above stated facts because the accused persons are wrongly implecated by the complainant.
Anonymous
29 March 2011 at 03:36
wife claim marriage has not been consummated since husband want dowry and without dowry he is not intested in s** with her. 498a already file
Can husband legally show picture/video taken at time of honeymoon to prove she is lying and they had imtimate relationship. Video was suppose to be memory we would cheerish but can it be used as evidence.
Wife is unaware of the fact copy of pic/video was nt deleted
Please dont give me moral answer, only i know what i am suffering through right now.. Accused of impotency which is informed to all my realtive , friend, charge under flase 498a case and DV case.
I request legal response.
Anonymous
29 March 2011 at 03:28
What is procedure of proving evidence in 498a.
If husband want to provide audio tape, at what stage he should provide it
Does he need to make transcript of audio tape
Can he show video of marriage as proof..
Anonymous
29 March 2011 at 03:25
Husband wife is in a way relative of mother husband. Can mother in law file case against daughter in law.
I am checking technically if it possible, i know end result would be nothing ...
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answer
in such a cases medical certificate mey help you to get ab in a short time for your parents MC for there illness and age
that too in some courts.