Anonymous
12 November 2010 at 15:54
where wife is not receiving summons or notices of court and running away or managing to the polices who r going to serve the same on her to attend the court in 498a case-
is is possible to file a criminal complaint against her under sections 172 and 173 of ipc?
Anonymous
12 November 2010 at 15:39
Section 209. Dishonestly making false claim in Court
Whoever fraudulently or dishonestly, or with intent to injure or any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
Section 24. Dishonestly
Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing "dishonestly".
Section 25. Fraudulently
A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.
Section 40. Offence
1[40 "Offence".
Except in the 2[Chapters] and sections mentioned in clauses 2 and 3 of this section, the word "offence" denotes a thing made punishable by this code.
In Chapter IV, 3[Chapter V A] and in the following sections, namely Sections 4[64, 65, 66, 5[67], 71], 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the words "offence" denotes a thing punishable under this Code, or under any special or local law as hereinafter defined.
And in Sections 141, 176, 177, 201, 202, 212, 216 and 441, the word "offence" has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.]
sir--- fact is as under-
wife has made totally false allegation with false list of stridhan of jewellery and utensils.
wife cannot prove cruelty and dowery given at any stage of process of law.
wife is not ready/willing to live with husband.
wife is demanding maintenance p.m. rs. 10000/- and rs. 200000/- as compensation.
is it possible to apply a compalint against her and her parents and her lawyer to cheating fradulantly and dishonestly in the process of law to court as well as husband asper the offence section give in 40 of ipc?
Anonymous
12 November 2010 at 14:44
can husband get anticipatory bail before 498a if wife threatens for filing 498a
Anonymous
12 November 2010 at 13:55
to file complaint under verious sections of ipc i.e. 191-211 ---
that the prayer to be made to court to give complaint on behalf of complaitnat ?
or
anybody can directly give complaint to court under these sections?
Anonymous
12 November 2010 at 12:09
dear experts,
while reading crpc 310 it is as under-
310. Local inspections.
(1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, or any other place which it is in his opinion necessary to view for the purpose of properly appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection.
(2) Such memorandum shall form part of the record of the case and if the prosecutor, complainant or accused or any other party to the case, so desires, a copy of the memorandum shall be furnished to him free of cost
can an application be given to trial court to visit the place?
if the court rejects to visit then what to do?
another sec 349 read as under-
349. Imprisonment or Committal of person refusing to answer or produce document.
If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such question as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment or by warrant under the hand of the presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his refusal he may be dealt with according to the provisions of section 345 of section 346.
question is -
is it possible to apply trial court to give directions to the complaintant to produce the documents of property what she has given on oath in her statement-
it is never possible to her to given any property document as it is not in existance and the statement is totally false along with another false allegation
what to do if trial court rejects to appeal to give directions to produce the documentary evidences?
my another question is that on that basis can perjury with crpc 340 will be susscessful?
indhra
12 November 2010 at 01:10
sir i already filled a criminal complain through criminal court and the court refer the case to ps but nothing was done they file a case against me 138 n 357 pls tell me how to get rid of this
navin
11 November 2010 at 22:52
Dear sir,
my dvc case filled now as jury said "ab case hoga" to me and my wife after 8 dates given by the court.
may i know the difference before and after
i tried several times to say my words that my wife had submitted wrong information in the application regarding address,my work,her address,etc but jury had never given me chance to say every time her lawyer says and jury gives next date. why that so?
steps what happened
1)called in court onbehalf of notice
2)say submitted but applicant was absent
3)jury called for arguement
4)on arguement date applicant lawyer said applicant is ready to stay with him.
5)jury decided date for counselling
respondent send a message to applicant that he wants to talk but no reply from applicant side.before counsselling date
6)on counselling date applicant lawyer said applicant donot want to go for counselling.
taken next date
7)jury asked matter setteled in counselling
applicant said respondent is sending messages full of threat but "it is wrong"
jury said "ab case hoga"and given next date
may i know what's going on with me.
kind help is needed
thank you
Tushar
11 November 2010 at 22:07
Hi,
Can i get the answer of the following questions as my office boy is giving exam of LLB and he dont have these answers.
1. Who is the Juvenile in conflict with law? State the provisions concerning relief of such on bail.
2. Short note on Employment of Juvenile or Child for begging.
3. Discuss the provision regarding Juvenile Justice Board and the procedure and power of the Juvenile Justice Board.
indhra
11 November 2010 at 20:07
dear sir some gunda forcibly taken wrong signature on 2 cheques from now they a case against me i already filled criminal on them i went to dcp and cp also nothing was they nt taking any action pls suggest me how come out from this case
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ipc 426 and 427 against wife?
on false allegatins of wife with mischief to attend court which resluting more than rs. 1000/- as travelling cost for a single person --- total number are accused 6 that is approx rs. 6000/- is expenditure is incured for each date of court to attend-
Section 426. Punished for mischief
Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
Section 427. Mischief causing damage to the amount of fifty rupees
Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
is it possible to file criminal complaint against wife after acquital from all false allegation which is a totally mischief played by her?