Anonymous
03 March 2011 at 16:05
In criminal law as well as civil law if a perjury application is pending whether the court can proceed further before deciding these application.
A_man Fighting for Justice
03 March 2011 at 16:02
Brief Background: My elder’s brother’s wife committed suicide at her parental house where she had been staying away from my brother for the past 3.5 years. My brother had filled section 9 of the Hindu Marriage Act to bring her back which he later withdrew and filled for a divorce which was still pending. A false case of dowry death (304B & 498A) was filled against the entire family including mother-in-law, brother-in-law (myself), and sister-law (my wife). Fortunately, all of us were staying in different cities and were neither in touch nor have even seen the deceased for the past 5 years. My mother and I had already got legally separated from my elder brother several years back. We had severed all our ties with him & his wife and have also got it published through a notice in the newspapers.
Current Status: My brother (husband of the deceased) surrendered and got bail from the high court after his bail from the lower court was rejected. Meanwhile, we (other family members) tried to get an arrest stay/anticipatory bail from the high court which was rejected. Consequently, we challenged the said order in the Supreme Court which has given the following judgment “The SLP is disposed off. However, it is clarified that if the petitioners apply for a regular bail it should be heard without any delay preferably the same day”
Considering the merits of the case and the fact that the main accused is already bailed out, I hope getting bail would not be difficult. However, our objective is to not let women members go to the jail and this is where I need expert opinion from this forum.
In light of the above order, I believe if we surrender, the session court/lower court would have to hear our petition the same day but there could still be two obvious scenarios wherein we might be sent in judicial custody: (a) if the lawyer from the opposite side in order to delay the bail process seeks time to file the counter (very likely) and (b) if the bail is granted but the amount of bail bond is so high that it requires verification (very likely). It seems the only cure to this is an ‘Interim Bail’.
My question is: Does the above direction from the Supreme Court suffice to get an interim bail if the above two scenarios occur?
Anonymous
03 March 2011 at 15:52
1) will any case arguments (before judge at the time of trial) will be done based on Charge sheet and its data alone ?
2) will there be any other report on which arguments will be done ?
3)IS IT MANDATORY FOR POLICE PEOPLE TO LIST OUT ALL THE INVESTIGATIONS WHICH THEY HAVE DONE IN CHARGE SHEET ALONE OR CAN THEY GIVE IT IN ANY OTHER REPORT ?
4)IF SO IS THAT REPORT VALID ?
Member (Account Deleted)
03 March 2011 at 15:25
I am a trainee advocate and I have to argue on an application made by an I.O for the condonation of delay in filing the chargesheet beyond limitation prescribed u/s 468 cr.p.c(4 years in the case in hand filed u/s 498A,406 IPC)) who is no where mentioned as I.O at any stage of the inquiry in the documents filed before a district court.Kindly suggest me some good case laws on quashing chargesheet in matrimonial offences.
Anonymous
03 March 2011 at 15:15
Wheather an application u/s 319 Cr.P.C. can be allowed withiut cross-examination of any witness.
Arun Khanna
03 March 2011 at 13:17
I entered in to an agreement to sell in February, 1996 and the sellers did not get the sale deed registered so I filed a suit for specific performance of the agreement in feb 1999, which is still pending disposal in the court where they have admitted the payments and signatures on agreement but contents denied.
That during the pendency of the suit said Respondent filed on record of the court the sale deed which is allegedly executed and registered in his name on 20th October, 1999 and the same is signed by one Nityanand for self as well as general attorney of Sh. Suraj Parkash, Arun Kumar, Shailender and Surender Kumar who are the co-owners of the land. It may be stated that Shailender Kumar had died on 28.05.1989 as such there was no question of executing the power of attorney by him in favour of Sh. Nityanand, who is alleged to have signed the sale deed in October, 1999 and there is no mention of his death in sale deed. Further, on comparing the certified copy of the sale deed having Registration No: 6141, Dt.21/10/1999, it was revealed that neither any date or any registration number nor any copy of power of attorney in favour of Sh.Nityanand is mentioned or put on record. The same could not be found in mutation records also. Moreover, on comparing the certified copy of the sale deed issued by Sub Registrar, with copy of sale deed submitted in the court by respondent it was found that additions in sale deed have been made with other typewriter and GPA no’s have been added. Even the sub registrar and Area SDM office has certified again under RTI that the sale deed is without comprising GPA No’s and the contents of the same cannot be changed.
Pl. advice
1. if criminal complaint of forgery and misrepresentation of fact can been filed or not, if yes under what section?
2. If cr. complaint against the sub registrar for not following rules can be filed?
akshay
03 March 2011 at 12:53
whether law of limitation is applicable to criminal law? and if yes then what are the relevant provisions?
Anonymous
03 March 2011 at 09:42
Dear Sir,
My case of 498A has been quashed by the HC. Now 2 people have put surety signature for Rs 10000 for my Anticpatory Bail. Now they want there to be sure that there surety signature is cancelled or they bail bond is cancelled. Now what is the procedure I have to adopt for this.?? I want to make sure now the 2 people who have signed for me are nolonger liable as the 498A case has been Quashed..
Anonymous
02 March 2011 at 22:39
kind sir,
your reply has given me some courage but
forwarding to my last query
if sufficient proofs are present that my father had given more than 50% payment of the said flat then in such situation can court give the power in the hands of my father.
provided said cheques through DD and payment transfer from my father's account.
few times money transfer account to account for the same.
kindly guide me
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sir, i just want a crpc and ipc hindi file with all setion in it.
pls send it to my email
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