Anonymous
03 November 2010 at 18:06
As an accused if I am able to prove on the basis of facts that the liability did not existed can I seek damages for the false complaint in a criminal court and harrasment from the complainant.
Can I claim for damages before closing the argument in the same court or I will have to approach a higher court to claim damages from the complainant after the judgement of the lower court
vinod bansal
03 November 2010 at 16:40
R/Members of LCI
In a complaint us 138 of NI Act,summons were issued to my friend,but never served now court has issued non bailable warrant against him,he wants to surrender before court now without waiting further for date fixed as he have every apprehension of harrasment by police,i want to know,when he will surrender before court than he have to move bail application or simply/directly have to file surety bond as the offence is bailable one,Ld.Magistrate is having discretionary power to send him behind the bar or getting the bail in given facts is right of accused,kindly advice.Thanks
MOHAN ILAYARAJA
03 November 2010 at 15:46
i got an interim exparte residence order subsequently respondents filed set aside petition under section 23(2) under this act which is not correct provision and i stated it in my counter but the presiding officer gives opinion that it doesn't matter. what is the remedy for me and for the respondents for the correction of provision
Anonymous
03 November 2010 at 13:04
Is it necessary it give and prove evidence against the complainant during cross examination whenever he denies any facts or records or keep back some important evidence for use during the argument stage.
OR
Technically will the court allow me to produce evidence against the complainant and accept the same during the arguments
mukesh gupta
02 November 2010 at 22:56
my 77 years old mother was guarantor for a loan, she had given her property doc as mortgage, bank issued NOC for sale of her property for 20% value. and she was coerced to sign the registration of the sale deed in the year 2006 we have received an order from court in which court has clearly mentioned of fraud by bank. now what can i do in the matter if any mumbai based advocate can help in the matter i will be obliged.
Anonymous
02 November 2010 at 22:44
First of all husband fill divorce petition U/S 13 in Hindu Marriage Act in Gujarat on feb 2010 on ground of 2 year judicial separation. Than on july 2010 wife fill 498-A and 406 IPC FIR against husband with malafide intention in Rajasthan Court coz she is living in rajasthan. In this case there no injury report of wife. Now husband get anticipatory bail on sep 2010 from Rajasthan Court and polite still not fill challan in court in this case how to quash FIR and plz suggest some ruling for quashing that type of case.
Anonymous
02 November 2010 at 21:11
we have a family dispute in division of my fathers property. the two sons dont want their father to give anything to his two daughters. so the sons have put all the property under litigation and also registered 3 firs against me and my husband who are living more than 300 kms away. the sons are influential and have all our share of money also. my question is since the matter was subjudice, they could not have registered an fir, what are we supposed to do. ?
Joyjoyee Sen
02 November 2010 at 13:03
Sir
If after issuing Warrent the complaint and the witnesses doesn't come on the next fixed date of the cross examination then generally what action is taken from court.
Please suggest
Anonymous
02 November 2010 at 12:00
Its possible to rearret the accuse which was released by court after providing request report under crpc169 by police mentioning a wrong information and even not informing to the complaintant.
I read somewhere that
"In case in respect of the same incident the accused in the first FIR comes forward with a different version or counter claim, investigation on both the FIRs has to be conducted."
What it means? Request to reply.
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Evidential matter
In the case of a dowry death a vedio recording of a statement by the woman against the in-laws house is made by the family of the woman before her death.Will it be considered as a evidence against the in-laws house?