Sudheer J. Sarvate
01 December 2010 at 19:57
Sir,
We have filed legal case in the court against one party.
The evidence is finished, now the defendant advocate taken a objection that the complaintant has filed power of aurhority, but being a private ltd. company board resolution is not filed.
He also takne objection that the legal notice is send only by registered post which is returned back as Door Closed.
So can anyone give any case law reference on the same.
R.SHAH
01 December 2010 at 18:49
DEAR ALL
I HAVE FILE REVISION AGAINST ORDER PASSED BY JMFC IN MAINT, CASE 125 TO MY EX-WIFE IN SESSION COURT. I CONTENDED AFTER DIVORCE SHE IS NOT ENTILED FOR ANY MAINT. AS PER MWA-1986. WHERE SHE APPEARED AND OPPOSED MY REVISION BY SAYING "I M STILL LEGALLY WEDDED WIFE OF MINE' NOT ADMITTING DIVORCE AND CITED JUDGEMNT OF SC IN SHABANA BANO VS IMRAN KHAN AFTER DIVORCE ALSO MAINT. TO WIVES TILL HER RE-MARRY.
THE SESSION COURT IN ITS JUDGMENT GIVE FINDINGS THAT LADY IS NOT RE-MARRIED AS SHE DEPOSED BEFORE THIS COURT, HENCE I M CONFIRMING THE MAINT. GRANTED BY JMFC IN 125 CASE TO RESPONDENTS. AND DISMISSED ON JUNE 2010.
ON LAST MONTH I COME TO KNOW AND POSSESS SUFFICIENT EVIDENCE THAT SHE GOT RE-MARRIED ON FEB 2010, THIS FACT WAS NOT DISCLOSED BEFORE THE SESSION COURT IN REVISION AND AFTER 1 WEEK OF MY FILING OF CANCELLATION OF MAINT. IN COURT SHE ADMITTED IN COURT ON EXECUTION PROCEEDING OF AREARS IN FAMILY COURT THAT I GOT MARRIED ON FEB.2010, WHEN I SAID JUDGE THAT AFTER FILING OF MY PETTION. ALMOST 10 BACKS SHE GOT MARIED AND FRAUDUALENT EXECUTED DISTRESS WARANT ON OCT2010.
PLS. ADVICE ME HOW TO FILE FRAUD CASE AS SHE CONCEALED FACT BEFORE SESSION COURT AND OBTAIN FAVOURABLE ORDER.
WHAT CASES I CAN PUT ON HER.
NOTE THAT IF I WOULD NOT COME TO KNOW ABOUT HER RE-MARRIED THEN SHE WOULD FOOL ME AND COURT.
AND ADVICE ME WHICH CASE FRAUD OR GIVING FLASE EVIDENCE IN SESSION COURT BY WAY OF FILING FALSE AFIDAVIT ON 1 WEEK BEFORE HER E-MARREID AND OPPOSED ON LEGALLY WIFE.
YOUR SUGGESTION WOULD BE HIGLY APPRECIATED.
Jainodin shaikh
01 December 2010 at 18:35
Can a Chief Judicial Magistrate be impleaded as 'respondent' in a criminal revision application if his/her order is ultra-virus one (beyond the boundries of law inforce or which is based on the outdated principles of law not recognized by the Cr.P.C. )?
Is there any caselaw on this point? If yes, please post it as attachment.
Thanks!
Anonymous
01 December 2010 at 18:00
Is watchig pron site is illegal in India? Can a service provider object to visiting pron site?
Thanks in advance.
ankit gupta
01 December 2010 at 16:26
Q1) need of compensation in victimology.
Q2) compensation and rehabilitation.
Q3) compensation as a mood of punishment/
Q4) consttutional prospectives of compensation.
please tell me the sources anf information for the above mentioned questions..
regards
ankit gupta
R.SHAH
01 December 2010 at 15:14
Dear all,
my case is of 2005, lady has filed false 498a n others on me and my 5 relatives.
P.W.1 , 2 is over p.w3 her father witness is running sinec march 2009 to tilldate. were he comes 1 date and remain absent for 2 dates and whenever judge or mysde insist to give witness, give reason of not well, mentally not prepared etc.. total 30 dates where consumes and out which 13 dates he reamin absent and rest he avoid to give depostiion and escape with unvalid reason.
on couple date back judge imposed fine and put condition next date you have to give deposition, thereafter he remained absent and not pay fine after giving in wrting on next date i'll pay fine when order is givn. he filed complaint agisnt judge has she imposed fine on witness. since judge has given short dates, but he won't comes to court. now we got another short date. today i have file appln. for perjury comitted by p.w.1 for conducting inquiry and necesssary order, and appln. for dropping witness and proceeding for I.O's of the case. judge relied you have to file complant in upper court.
note. complaint got re-married on 10 months back,
kindly advice me how to proceed in the case to finish soon.
1. my dropping appln. is right time plac ebefore court, after p.w.3 tooks 20 months and in listed 10 witness are there.
2. my perjury appln. will be entertain at this satge (p.w.1 deposed on 08/05/05).
3. what action should i take against the complainant /witness.
4. trail court have power to dismissed case when witness willfully/intensionally not coming to delay and hang accused in trail. (on evry date i put one appln. of non appearnace of witness and necessary order)
suggest me the wayout so that i can onvince the trail judge to give necessary order on my steps in way of appln. for calling I.o's and dropping P.W.'s
regards
Anonymous
01 December 2010 at 10:08
brief facts:In a particular case u/sec 138 of N.I Act,complaint sold his 14 acres of land to the accused & executed a sale deed in his fair.and issued receipt for entire sale consideration,though actually accused paid part sale consideration and he is due rest of the amount. on demand by complaintant he issued acheque which got bounced.
Its defence of the accused that he paid entire sale consideration,& so filed EX d1 & D2 saledeed, receipt given by complaintant in favour of accused.and there is another oral transaction for purchase of 4 acres of land belonging to complainant in respect of which he issued a cheque.
my query is whether accused is liable for acquittal or conviction ?
Anonymous
30 November 2010 at 14:42
i want to examine the age of writing on the cheque because there is a fraud that has taken place , signature are of mine done on blank chq. about 3 years back but other
writing is not mine which is filled on the chq currently.
I want your help in the matter for the ruling under which i can request court for sending it for forensic investigation because complainant has commited in his petition that accused has signed and written on the cheque currently whereas it is not so and difference between these two writings/ ink on the paper is about 3 years, can carbon dating process can help me in the proving the age of writing and age of signature.
Kumar Krishan Agarwal Advocate
30 November 2010 at 02:38
My Ld Friends,
I have heard from a old Ld lawyer that a long strike would take place in UP for High Court Bench demand for up to to six months and no official work had taken place by the Lawyers and by presiding judge due to this the accuseds list got long and long which makes all daily accuseds were sent to in District Jail by police. This makes jail position over crowed than its capacity.
Now the Question is :-
1. Whether the Jail Superintendent is legally entitled and power in law to release the accuseds on Bail surety to be taken by each accuseds on the application of the accuseds if accuseds want to furnish surety ?
According to my view there is no provision in Cr.P.C that jailor superintendent can take Bail without the orders of [the jurisdiction court or any ordinance State Government] except Jurisdiction SHO, SSP and Commissioner.
2. What is the emblem or stars on Head Jailor Superintendent dress which may be equivalent to the SHO/ ASP/S.P ?
3. Who is the first rank wise superior officer of the jailor who has full control on jailor activities ?
i.e It is Distt.Magistate, SSP, IG ADG, etc
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Prosecution witness
The Public Prosecutor concluded the prosecution evidence by dispensing some of the witnesses mentioned in the witnesses list. In such situation Whether the trial court has any power to order for examination of more witnesses from the list of witnesses?