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Anonymous   25 December 2010 at 13:58

need help under section12(A)domestic violence

Dear sir/Madam,

At the time of interim maintenance order by the magistrate.
1) Layman can be permited to say his words again to the magistrate.
orders made by the magistrate can be canged from the words of respondents at the time of interim maintenance orders.

2) even then orders passed which is not in favour of layman where he can appeal for stay or cancel orders.

3) applicaton weere given for copy of marriage album in the court at the time of hearing but court has not given any answer in the next date and not even passed any order to applicant to provide copy of marriage album.

4) if lawyer of applicant has also done mediatorship and filled the case of dv for the accumulation of money as applicant do not want to stay with respondent.

if

respondent proves that lawyer of applicant also a mediator and it is an purposeful act is it provide any benefit to the layman side.

Thank you with respect.

Anonymous   25 December 2010 at 13:45

dowry

hello. i had filed case against my husband,he and his parents are not accepting me, unka kehna hai jab mai 22 lacs dowry leke aungi tab vo mujhe apnayenge, and maine aur mere husband ne mandir me shadi ki thi, n uska sabut pandit ka affidevit aur kuc photos hai, ab vo log mujhe accept nahi kar rahe n meri family ko pressurize kar rahe hai ki 22 lacs do tab hum aapki beti ko accept karenge, maine unpe case kia hai court me ki dahej k liye vo log mujhe accept nahi kar rahe, bt maine fir nahi kia tha bec mujhe laga unke nam ka arrest warrent aa jayega , aur mai apne pati ke sath rehna chahti hu...to kya ab mai fir kar sakti hu court me case karne ke bad aur...plz mujhe bataye ki best kya hoga....

Anonymous   25 December 2010 at 12:40

498A Bail

I was charged under sec-498A and was arrested and presented before the Magistrate and was not granted bail so secured bail from the sessions court.

Now my parents are the co-accused in the same case and are under arrest stay and now have to secure regular bail. I have two questions:

1. will they need to appear before the magistrate to secure regular bail or the sessions court. Do the magistrate have powers to grant bail in 498A charge or that would be rejected and then regular bail will need to be secured from Sessions court.

2. If the chargesheet is filed in between will that be different process to secure bail then we would need to appear in which court will the bail be granted on the date of appearence when we get the summons.

Please guide this refers to UP courts I have heard that there the procedures are different. I dont want my parents to be arrested.

Please Advise.

Member (Account Deleted)   25 December 2010 at 10:18

regd bank haressment

Dear Sir,

I am staying in bangalore and have been verbally absued by the bankers and collection agency over the phone (can we get the recording from the mobile company or telephonic company ) conversation had been taken 10 days back.

Kindly let know the laws & by laws of collection agency and the banks follows.

Kindly brief me the guidelines of RBI and
are calls made to the customer is mandate to be recorded (is there any guidelines from RBI)

kumar
9845176915

Anonymous   24 December 2010 at 23:12

criminal

experts,
Plz.advice me on the following query.
The crime has been registered against accused under section 3,4 of Prevention of Damage to Public Property Act.After arrest when accused has been produced before J.M.F.C.,the Magistrate refused to grant bail,giving reasoning that, "According to sec.4 of Prevention of Damage to Public Property Act punishment is provided 10 yrs.Therefore considering nature of punishment I am of the view that the offence u/s.4 of Prevention of Damage to Public Property Act is exclusively triable by sessions court as per second schedule of Cr.P.c. Besides guidelines given by the Hon’ble High Court in a case 2001(3) MhLJ 465 it is provided that in respect of offence for which the maximum sentence prescribed up to life or for 10 years than the bar of sec. 437 would operate and such persons can not be released on bail by the Magistrate. As the Maistrate has no jurisdiction to release such person u/s. 437(1) of Cr.P.C."
I want to know that whether the J.M.F.C.,has power or not to release the accused on bail?Another J.M.F.C.,has released the accused on bail when that accused brought before him after arrest.Which Magistrate's order is justified former or later?

Anonymous   24 December 2010 at 23:11

criminal

experts,
Plz.advice me on the following query.
The crime has been registered against accused under section 3,4 of Prevention of Damage to Public Property Act.After arrest when accused has been produced before J.M.F.C.,the Magistrate refused to grant bail,giving reasoning that, "According to sec.4 of Prevention of Damage to Public Property Act punishment is provided 10 yrs.Therefore considering nature of punishment I am of the view that the offence u/s.4 of Prevention of Damage to Public Property Act is exclusively triable by sessions court as per second schedule of Cr.P.c. Besides guidelines given by the Hon’ble High Court in a case 2001(3) MhLJ 465 it is provided that in respect of offence for which the maximum sentence prescribed up to life or for 10 years than the bar of sec. 437 would operate and such persons can not be released on bail by the Magistrate. As the Maistrate has no jurisdiction to release such person u/s. 437(1) of Cr.P.C."
I want to know that whether the J.M.F.C.,has power or not to release the accused on bail?Another J.M.F.C.,has released the accused on bail when that accused brought before him after arrest.Which Magistrate's order is justified former or later?

Anonymous   24 December 2010 at 22:34

bounced ch.

Dear Sir,
I was director in ltd. Company. I have issued a ch. To my supplier but it’s bounced. Now I have sold the co. with all liabilities. Current directors paid to him through a ch.
Without getting bounced ch.back.
Now we received the summons against the bounced ch. Pl. suggest my legal position.

Kumar Krishan Agarwal Advocate   24 December 2010 at 22:32

Challan sent to CJM Under MV.ACT

My Learned Friends,

That I (my client) has used heavy vehicles for transport work to and fro and the truck RC was seized by the RTO traffic department and sent to the CJM court to take cognizance under the followings sections

Offences:- Sec 66/192A, 130/179(1), 112/183, 119(2) MVACT & C.M.V.R/177(Central Motor Vehicle Rules)

Reasons are:-
1. No 2 driver which is against the condition of National Permit;
2. Did not stop on signal, driving rashly;
3. Using Pressure Horn.

Now my Queries are:-

1. What is the procedure to handle such case if presented before court of CJM ?

The Clerk of CJM told me that you have to pay the penalty sum up for all the above sections and he give me a receipt of payment and release the RC of me without going to face CJM personally.

2. If I would not pay the penalty and may stand on the first date of hearing before CJM as an advocate (without my client presence) then Will I have to first apply for the "BAIL" of my absent client so that the case will be further carry out on each dates ? Is client presence is must before CJM ?

3. Is there any procedure to get exemption from all the penalties imposed on my client ?

4. What is the penalty of under Rule 90(4) CMVR for not having 2 drivers under National permit? I searched everywhere but did not find the penalty for this Rule.

param   24 December 2010 at 20:57

what are proofs required to prove living relationship----------please help?

please help me,my ex-wife has filed a case against me ,FIR is due in day r two.

we both had taken divorce(mutual cosent on 17 july 2008 dissolution judgement given by courct afterstaying away around 2.5 years,case has been filed for mutual consent divorce)
She was living with me after a gap of 4 yrs.

she came and stayed with me since 2009
june to august--2009,
september to November--2009
feb to march--2010
april to may--2010
now expected baby in jan 2010 and left very politely for bro marriage.
never came back.

she is saying,she has been allured in the pretext of remarrying,involving me,Mother ,father,Brother(because of tickets booked from brother credit card,he is Major in army) in 376IPC and also determination of sex also.
whereas my wife is not residing with me since may 2010.

i heard no bails in this case for 6 months


Please suggest
2 hours ago - 4 days left to answer.
Additional Details
question of sex determination doesnt arise because when she moved from here no whereabout was there of child.how shall i prove

Note::::::::::::::can i get easily bail or wat could be the time frame.
can i be booked unde r 376,even if she came and stayed with me.......
......my parents and bro name is also there,,,and also they are residing at seperate place and my bro credit card was used to book the tickets..for her coming........he is(bro) govt servent ,he is also tried to book........
can my bro and parents can be booked.....r n

Anand Pratap Mishra   24 December 2010 at 18:16

Theft and burglary

Plz tell me what is difference between Theft and Burglary? What are essential ingredients of both?

Thanks