pakoli
13 December 2010 at 10:21
i was arrested and released on PR BOND in writ against state, and charge sheet is also filled in magistrate court. should i go for regular bail before Metropolitan Magistrate?
Anonymous
13 December 2010 at 02:27
Arms Act 1959 is the main law that regulates all manner of arms. Whenever there is contradiction or confusion in the text of law, courts give more importance to the objectives of the legislation to infer the intent of legislators. One of the objectives of Arms Act 1959 says:
“(a) to exclude KNIVES, spears, bows and arrows and THE LIKE from the definition of ‘arms’."
But Arms Act 1959 in Section 2 contradicts its own above objective and defines sharp edged implements also as "arms" and says:
"(c) "arms" means articles of any description designed or adapted as weapons for offence or defense, and includes firearms, SHARP -EDGED and OTHER DEADLY WEAPONS, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons;"
Also under the Arms Rules 1962(a bye law which was created to frame the rules for implementing Arms Act 1959) we find that it says the following:
"V. Arms other than fire-arms: SHARP -EDGED and DEADLY WEAPONS, namely: swords (including sword-stick), daggers, bayonets, spears (including lances and javelins); battle-axes, KNIVES(including kirpans a Khukries and other such weapons with blades longer than 9" or wider than 2" other than those designed for domestic, agricultural, scientific or industrial purpose, steel baton; "Zipo" and other such weapons called "life preserves"; machinery for making arms other than category II; and any other arms which the Central Government may notify under Sec. 4."
Experts please give your opinion if including/defining/classifying knives and other sharp edged implements under Arms Act 1959 and Arms Rules 1962 as "arms", is it legal if read along with the objectives of Arms Act 1959, one of which aims to EXCLUDE knives, spears, bows and arrows and the like from the definition of ‘arms’? In my opinion it defeats this particular objective for legislating the parent law Arms Act 1959.
Anonymous
12 December 2010 at 16:55
Dear sir,
can a layman demand jail as he fedup from his wife and her family continue mental harrasment.
neither wife ever stayed and never intend to stay but constant demand of money.
layman and his family fedup to such an extent they are not getting any hope to get rid of such greedy persons.
lawyers are telling laws are favour of married woman.
my query as a layman is if jail demanded in such scene other family members would be safe or not.
constant sufferance of three years are sufficient to die.
last query is if layman demands jail whether magistrate will give jail or not
thanking you
Anonymous
12 December 2010 at 16:42
respected sir,
i am currently unemployed,wife has filled dv case for maintenance,
on the date of interim maintenance arguement i have presented my condition.
i myself is presenting my case as a layman.
in absence of my income can magistrate pass her interim maintenance.
may i know the steps of process in dv case for my preparation and proper presentation in court.
it will help me a lot as i am unaware about the system and presenting my own case as a layman.
with warm regrds
Anonymous
12 December 2010 at 16:29
Dear sirs/madams,
My wife has just registered an fir u/ss 498A, 323 and 506 of IPC and u/s 3 and 4 of DP Act. I've never beaten her and I've never put her to any kind of mental pressures knowingly. Nothing such has happened between us which can easily be treated as cruelty. Moreover, I've never demanded and taken any dowry. I never threatened her in any way. Actually she is doing this just to teach lessons to me and to my parents because I donot obey all her orders. She has always told me that I and my parents have to keep her happy in any way because if she would use the law of India there will be nobody who can save us. And she did the same thing. Is there anybody in this world who can please tell me about the way out???
Dharmender
12 December 2010 at 10:58
My wife has filed 2 cases against me and my family in Nov 2007
One case under DV Act.
Other one under 498A.
In 498A my parents my two sisters and my brother in law has been named.
Case against me my parents and my one siter is pending in Hight Court.
Case against my sister and her husband was sent back by high court diecting to hear discharge application.
DV Act case is against me only and I am fighting of my own.
Lower court magistrate is favouring my wife. He is giving orders favouring her.
I am appearing in Dv ac case and my sister and her husband in 498. The magistrate is again and again writing my name in 498 and showing my presence in it also. The date of hearing for both the cases are always kept same.
It has happened three time that my presence has been shown in 498 whereas it pending in High Court.
The orders to be given in DV Act case has been given in 498. Such irregularities are happening. I have brought these irregularities in the notice of Session Judge but still no action.
What should I do so that I shouldn't be dragged in the case. These irregularities are done to delay the case as it has already been more than 3 years DV Act case is still pending due to my wifes delay tactics.. Even on hoildays the date of hearing is fixed.
Anonymous
11 December 2010 at 21:07
My friend has booked in under ipc 386,120B,379,it act 66,but in the charge sheet he is only one accused and no details of extrotion and hacking and theft. charge sheet says he was attempting to extrot money against some photographs and he has hacked complainent email id and theft her photographs.but the evidence are only email which recived by complaintent without header.and unattested.its means not any ip found in the email evidence.about the hacking no any ip-login details of complainent email id is provided in the chargesheet..forensic report of accused laptop has been done but in the report no any photographs and email id logs of complainent and senders email id logs were also not found in his laptop...he was arrested because in the sender's email id.police found his ip adress.he was using wifi internet connection.is it possible that someone had hecked his wifi..all chages are wrong.he gets bail on ground of attempt of extrotion (ipc 385)386 is wrong charge gainst him and it act 66 is also bailable...case is still not on charge..My question is ..1-case could be discharge at the time of arguments of charge..? what could be in wrong charge..
Anonymous
11 December 2010 at 21:04
Dear Sir(s),
I am the Complainant. Based on my complaint police have filed case with xcharges 427,504,506 R/w 34 of IPC. 3 witnesses'+ police head Constable who wrote FIR , evidence/cross is over & other 2 witnesses (CWs) are not turning up. + 1 PSI (who will mostly appear)
What could be the fate of the case?
What steps do I need to take? Please guide.
shahzan
11 December 2010 at 21:03
My friend has booked in under ipc 386,120B,379,it act 66,but in the charge sheet he is only one accused and no details of extrotion and hacking and theft. charge sheet says he was attempting to extrot money against some photographs and he has hacked complainent email id and theft her photographs.but the evidence are only email which recived by complaintent without header.and unattested.its means not any ip found in the email evidence.about the hacking no any ip-login details of complainent email id is provided in the chargesheet..forensic report of accused laptop has been done but in the report no any photographs and email id logs of complainent and senders email id logs were also not found in his laptop...he was arrested because in the sender's email id.police found his ip adress.he was using wifi internet connection.is it possible that someone had hecked his wifi..all chages are wrong.he gets bail on ground of attempt of extrotion (ipc 385)386 is wrong charge gainst him and it act 66 is also bailable...case is still not on charge..My question is ..1-case could be discharge at the time of arguments of charge..? what could be in wrong charge..
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i was arrested and released on PR BOND in writ against state, and charge sheet is also filled in magistrate court. should i go for regular bail before Metropolitan Magistrate?