imteyaz farooquee
23 February 2011 at 21:40
in amendment of IPC,section 324 IPC is non bailable,but it is not enforced,now if it is enforced ,please refer notification No. or any ruling
imtiaz Bantwal
23 February 2011 at 20:28
Dear learned friends
I have a small query about the appeal against the proceedings under section 107 of CrPC by the executive magistrate.. under which section of CrPC it should be done..? and is it should be filed in Sessions court..? ple do the needful
aisha
23 February 2011 at 19:34
I got married in july 1996 n a temple / court ( but the marrge certificate was found forged lateron ) .As my husband was denying marriage with me and was leaving with other lady,In 2004 i moved a complant in dist court u/s 376 /494 etc and case was registered against him . in 2006 after relising that he is in trouble he/ his relative approched for compromise and promised to behave in future and gave affidavit in the court that he is only married to me and he has not perfomed second marriage.And that lady also gave affidavit in dist court that she is not married to my husband and my husband also gave affidavit in high court that he is married to me since july 1996 where he had moved application for quashing the said FIR(however that was not quashed) and also gave affidavit in distt court that he is married to me only and nothing to do wth othr lady.He also married me again in aug 2005 according to Hindu rites.
As the matter was compromised we were living together i soften my statnd and he was aquited in nov 2005 and court held that i am his legally wedded wife and second marriage was not proved so no offence was madeout.
He again deserted me feb 2006 and filed divorce case in march 2006 which has been dismissed as withdrwan in oct2008 as to avoid paying maintenance to me . Now He is living with that lady and introdusing her his wife everywhere . He also admitted in divorce case that he is married to other lady when he was confronted with passport and one biodata given to some govt dept.I have proof of documnets where other women's name is written as his wife his
passport ,
Biodata sumited in Govt dept ,
Affidavit giving his / wife property details to Election Dept in Sep 2009.
While cross examing in Divorce case he also admitted his marrige with that lady when he was confronted with above documents
That lady has also made voter card with husband as my husband
While disposing off Domestic violence case in 2008 filed by me Add Session Judge also held that he has commited the offence of bigamy
Now judge has summoned my husband and other lady against my complaint. My husband appeared and filed bond val 25000/ , but that women has taken stay from high court saying that she is his wife and i am not and i have filed false complaint. But she has not given any documentory proofs to the court and court stayed her proceeding without any documentory evidene
My querries :
1.Can the above proof are enough to prove bigamy (as i dont have their mariage pic etc)?????? as i am finding in all judgements that necessary cerimony of 2nd marriage should be proved.???????????
2. is high court fair in ordering without proving her his wife???????
3. Plz provide me any related judgment in conviction of bigamy
aisha
23 February 2011 at 19:32
I got married in july 1996 n a temple / court ( but the marrge certificate was found forged lateron ) .As my husband was denying marriage with me and was leaving with other lady,In 2004 i moved a complant in dist court u/s 376 /494 etc and case was registered against him . in 2006 after relising that he is in trouble he/ his relative approched for compromise and promised to behave in future and gave affidavit in the court that he is only married to me and he has not perfomed second marriage.And that lady also gave affidavit in dist court that she is not married to my husband and my husband also gave affidavit in high court that he is married to me since july 1996 where he had moved application for quashing the said FIR(however that was not quashed) and also gave affidavit in distt court that he is married to me only and nothing to do wth othr lady.He also married me again in aug 2005 according to Hindu rites.
As the matter was compromised we were living together i soften my statnd and he was aquited in nov 2005 and court held that i am his legally wedded wife and second marriage was not proved so no offence was madeout.
He again deserted me feb 2006 and filed divorce case in march 2006 which has been dismissed as withdrwan in oct2008 as to avoid paying maintenance to me . Now He is living with that lady and introdusing her his wife everywhere . He also admitted in divorce case that he is married to other lady when he was confronted with passport and one biodata given to some govt dept.I have proof of documnets where other women's name is written as his wife his
passport ,
Biodata sumited in Govt dept ,
Affidavit giving his / wife property details to Election Dept in Sep 2009.
While cross examing in Divorce case he also admitted his marrige with that lady when he was confronted with above documents
That lady has also made voter card with husband as my husband
While disposing off Domestic violence case in 2008 filed by me Add Session Judge also held that he has commited the offence of bigamy
Now judge has summoned my husband and other lady against my complaint. My husband appeared and filed bond val 25000/ , but that women has taken stay from high court saying that she is his wife and i am not and i have filed false complaint. But she has not given any documentory proofs to the court and court stayed her proceeding without any documentory evidene
My querries :
1.Can the above proof are enough to prove bigamy (as i dont have their mariage pic etc)?????? as i am finding in all judgements that necessary cerimony of 2nd marriage should be proved.???????????
2. is high court fair in ordering without proving her his wife???????
3. Plz provide me any related judgment in conviction of bigamy
Manish
23 February 2011 at 17:38
I was driving my car and met with an accident some days ago.The other two persons were on their bike and the person sitting on the back of the bike got injured.Some one called the ambulance and it took that person to nearest hospital.I was in a hurry as my father was also in hospital and i left the place of incident as soon as the ambulance took the injured. After two days of the happening of incident the other party lodged the complaint and police registered the FIR under Sec 279 and 337 Of IPC.Though i got bail but the car is still in the possession of police for which application for superdari is already made.What is the best thing which can be done in this case, compromise between the parties and if no compromise comes into existence in future then how long the case would take and what the ultimate result will be,Punishment in form of fine or imprisonment or both and how to avoid imprisonment in this case.
Anonymous
23 February 2011 at 15:03
Thanks a lot Mr Bansal.
Please explain in detail what is filing writ in high court. Also the process and what are the chances of such application being granted,
Anonymous
23 February 2011 at 14:50
Thanks a lot Mr Subramanian for your quick response to my query of time limit for filing chargesheet.
Could you please also guide me to get my passport back from the passport office.
They have sent me a letter that they can return my passport only if i give them the court order of acquittal from the case or if the matter is settled. They also mentioned that i can get my passport under restricted passport factilities
GSR No. 570(E). The police can take another 10 years of time to file the chargesheet as all the other people named in the complaint are either absconding or not traceable. Do i have to suffer for no reason.
Please advise.
sandip
23 February 2011 at 10:55
IF AN APPLICATION FOR DISPOSAL OF PROPERTY HAS FILED BY APPLICANT U/S 457. UNDER WHICH SECTION AN OBJECTION SHOULD BE FILED
Anonymous
23 February 2011 at 03:35
I am the original complainant it is the case of cheating in impersonation over the internet it was conspiracy meticulously planned and hatched by the accused it is an ongoing case in the trial court the police have framed him in the IPC section 420 the police grossly left out the other IPC sections to frame the accused. The Advocate of the Accused filed the petition in the High Court of Bombay Under section 482 of IPC to quash the case or to transfer the case to any other court. The accused gave a forged affidavit with the signature of the non-existing Registrar. The Affidavit had the counterfeit seal and stamp of different High Court belonging to a different state. I brought the fraud affidavit having a counterfeit to the notice of the Bombay High Court on which an inquiry was made by the Bombay high Court. All the reports have come from the other High Court stating that each and everything mentioned in the Affidavit is forged and false. The matter was in one of the judges court in Bombay, he did not take any cognizance of the forged doctored affidavit, he had all the inquiry reports in his hands even then he disposed of the case. And the accused has walked away scot free. The order was passed 2009. What should be my next course of action. Can I re appeal and challenge the order. Under what sections it is to be done. Do I have to file a Police complainant for the fraudulent affidavit? Please I am looking forward for your valuable advice.
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Defamatiom
Dello,
Can a government officer file a defamation case against some other person who has falsely given a written complaint in the head officer due to which the image of this officer is getting affectd......?