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navin   16 November 2010 at 22:02

need help under section12(A)domestic violence

Respected sir,
sir can I claim for compensation in the court through same case in which my wife has filed dv case .

If the cruelty and conspiracy proved by me in the court will I get compensation as my wife family has spoild my entire professional career .

kind help
with warm regards

Anonymous   16 November 2010 at 16:01

CHQS DISHONOURED - 138 N.I.ACT

I HAD GIVEN 1 LAC TO THE PROPERTY DELAER FOR BUYING THE FLAT, AND THE DEALER HAS GIVEN 2 CHQS FOR RS. 50K EACH. BUT THE BOTH CHQS BOUNCED 2 TIMES. LAST MONTH, I HAD SENT NOTICE TO THE DEALER AGST N.I ACT BUT HE HAS NOT TAKEN ANY ACTION. NOW PLS HELP ME HOW TO FILE THE LEGAL CASE AGAINST HIM TO RECOVER MY 1 LAC ALONGWITH INTT FOR THE PERIOD OF 1 YEAR.
THIS CASE COMES UNDER GAUTAM BUDH NAGAR COURT, NOIDA. HOW MUCH EXPENSES WOULD COME TO FILE THE LEGAL CASE.

I SHALL BE VERY GRATEFUL TO YOU. MY CONTACT NO. 9811664425 - AJAY NAKRA

Nikhil   16 November 2010 at 13:37

National Seurity ACt..????

My cousin shathivel whose is A2 in this case has a Fibre fishing boat in pondicherry which is a union territory. His Friend's Devamani A3 and logeh Iyappan A4 adviced the driver kannan A1 to drop some people to srilanka.As shathivel the owner of the boat heard the news he screamed at kannan and did not allow the incident to happen and adviced the driver A1 to go to karaikal which is in east coast 200kms away from pondicherry.But while kannan reached kariakal with the boat the local police seized the boat and arrested the driver, and also arrested shativel A2 and put them under 402.They came out in conditional bail after 11 days in remand.But now the politicans and some of the higher official police people are scaring them that they are going to take this case to the collector and put them against bars under National Security Act and it seems there is no bail for it.What should be done?? thay are illiterate and dont know how to proceed.!!!Please do help by giving some advices!!!

Anonymous   16 November 2010 at 12:38

advocate favouring plaintiff

i have a stop payment on check which was already paid.as the plaintiff has filed a case against me for cheque bounce ,my advocate also cheated me into filing a proof affidivat in the favour of the plaintiff ,the court is not accepting my additional affidivat explaining the same , i have explained the same in court to the judge that the affidavit is fabricated ,what cani do ?
the court is also not considering my proof of having paid a cheque and the plaintiff is a money lender who is influencing my advocate,

Anonymous   16 November 2010 at 09:42

Cross Examination under 138

I am the complainant in a cheque bouncing case and the matter is kept for corss examination on 1st of this December. What kind of questions are anticipated from the defence lawyer so that I can be prepared ? What should be my stand if the OP offers a compromise ? Please guide.

sudhanshu   16 November 2010 at 08:40

n.i.a.138

my tatasafari was stolen from my house on 20/05/2008.in which my papers and a few cheque books were there.a f.i.r.was lodged in p.s. i had made all cheques to b stopped in my bank as a few cheques were signed and without mentioning any name amount was mentioned by me.after 18 months i received summon by a person known to me.then i took my bail from the court.simultaneously i hve requested police to reopen my theft report by mentioning name of the person who placed my chkes.bt police is nt taking any interest.pl. tell/guide me. how should i get justice

Anonymous   16 November 2010 at 07:32

498A false case

I have all proofs with me that case for dowry is false like"threats from in-laws for dowry case.(I have telegram for the same) and police did not proper investigated the case(RTI for the investigation), dowry list(provided by my in-laws) I have original list which is showing in marriage video(can it be proven with evidence with that.)

case is fixed for evidence in December. can I reach to court under section 239 of crpc to dismiss the case.?

Please confirm whole procedure. Thanks

I have just completed my law(registration done but AIBC exam to be clear) and Can I appeal as person in the court for the same

Member (Account Deleted)   15 November 2010 at 20:59

Criminal Writ Petition- Quashing of FIR Malafides

we were charged in a 498A case and took arrest of stay from Allahabad High court. This is subject to mediation centre clause and we deposited the amount of deposit that is condition for stay.

On three mediation dates the respondents did not turn up and just gave a application of their inability to come citing some or the other reasons. The mediation centre will turn back the case to High court as the respondents are not joining as they want to harass us as we would need to apply for regular bail in the district court which as per my understanding is difficult in UP. They will be objecting the bail. It has been more than 120 days but the chargesheet has not been filed.

If the mediation centre returns the case back to High court it will be disposed off as the court would not quash the FIR.

The other side is putting pressure on police to not to file the FIR.

I need suggestion:
1. Can the High Court on the date of listing pass a same day bail hearing order
2.If the stay arrest can be maintained at High court upto filing of chargesheet.
3. will the stay arrest lapse once chargesheet is filed.

4. The other party is putting complaints in police station without any reason that I and my parents went to throw 'Acid' on the girl I feel this is a base that he is making to object our bails when we file in the local court. Is this anything to worry but I dont have any say on his conduct the other party can keep on making any plans or strategy. Is there a remedy for this.

5. Once chargesheet is filed is same day bail a problem...we do meet the IO frequesntly but he dont have anything to ask us neither he asks us to come.

I am putting the order below:

Order Extract below:

Hon'ble Imtiyaz Murtaza,J.

Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the petitioners and also learned Additional Government Advocate.

The argument substantially is that fraught relation emanating from matrimonial bickering escalated into launching of criminal proceeding vide Case Crime No.14 of 2010 under Sections 498-A, 504, 506, and 494 I.P.C. and Section 3/4 of Dowry Prohibition Act P.S. Mahila Thana, district Allahabad.

Having considered the arguments advanced across the bar, we have a feeling that Court owes a duty to the society to strain to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties. While referring the matter to Mediation Centre with the consent of the petitioners, it is directed that the petitioners shall deposit a sum of Rs.10,000/- with the Mediation Centre by way of Bank draft drawn in favour of Mediation Centre, High Court, Allahabad, out of which a sum of Rs.7000/- shall be payable to the respondent no.3, victim and the remaining amount shall be kept for being utilised by the Mediation Centre. The amount aforesaid, it is further directed, shall be paid over to the respondent no.3 on her appearing before the Mediation Centre on the date fixed. The amount aforesaid, it may be clarified, are meant to meet expenses to be incurred for attending mediation sessions at Allahabad for the respondent no.3 and the person escorting her. The office upon deposit of the Bank draft shall issue notice within one week to the respondent no.3, i.e the wife calling upon her to appear in the Mediation Centre at Allahabad High Court on a date to be indicated in the said notice stating therein that the Bank draft deposited by the petitioners shall be delivered in the Mediation Centre on the date fixed. The said notice shall be served upon respondent no.3 through C.J.M concerned. It needs hardly be said that both the parties shall appear either on the date fixed or on a future date as may be agreed before the Mediation Centre for reconciliation. The Centre shall submit a report within one month from the date of parties appearing before it for reconciliation. The case shall be listed in the second week of September, 2010 along with report of Mediation Centre.

In the meanwhile, the arrest of the petitioners in the aforesaid case shall remain stayed.

It may be made clear that in case, there occurs default by the petitioners either in depositing the amount or in appearing before the Mediation Centre on the date or dates fixed, the interim order staying arrest shall cease to be operative and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the Bench concerned for passing appropriate order in the matter.

It may be clarified that the case will not be treated as tied up to this Bench shall be listed before the appropriate Bench. Copy of this order will not be issued unless steps are taken. Order Date :- 13.7.2010


vishal gupta   15 November 2010 at 19:06

s.482 v/s article 226,227

what is the difference between approaching high court for quashing under 482. crpc versus appraching thru article 226,227 of constitution

Anonymous   15 November 2010 at 17:59

sec 31(3) of domestic voilence act

(3) While framing charges under sub-section (1), the Magistrate May Also frames charges under section 498A of the Indian Penal Code (45 of 1860) or any other provision of That Code or the Dowry Prohibition Ac t, 1961 (28 of 1961), as the case May be, if the facts disclose the commission of an offence under those provisions.

during trial can husband pray court to apply the said section both the parties to prosecute under
the Dowry Prohibition Ac t, 1961 (28 of 1961)