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Anonymous   26 October 2010 at 09:27

Kindly Suggest..

Dear Sir,

Please tell What is the way to protect husband and his family from wife and her family 498A and 125 ??

In today's situation if a man is going to marry, there are so many cases around us which spoil directly or indirectly husband family.What precautions a person should take to save himself and his family from 498A (Extremely dangerous ) and CrPC 125 ??

Kind Regards.

ar

Member (Account Deleted)   25 October 2010 at 22:45

498-a,against me

dear lawyers,
thanks for your kind reply,please tell me one more thing that what are the ways to pacify police as police is supporting my wife from left right and center they often come to my father home and threaten them for kurky and all,my father is retired principal and 77 years of age.he is patient of high blood pressure and sugar.tell me the ways to keep those police persons aside and is the inquiry conducted by them help my wife side ?

Anonymous   25 October 2010 at 21:57

Concurrent running of two sentences

Where an accused named in two different cases,and already in detention,but no concurrent running of sentences has been ordered.Can this order of lower court can be challenged on this ground or can only mercy prayer should be made to the High Court?

Thanks.

Anonymous   25 October 2010 at 21:45

Sec 138 of NI act

I am in receipt of cheques issued by a company.
Company has stopped the payment of these cheques.
I have intiated the procedure to file a case u/s 138.
I have stopped the payment of 11 nos Post dated montly cheques issued by me to company in lieu of refund of loan - with information sent by RPAD to company informing them that till they pay my due money or amounts are received by me either during the pendancy of court proceedings or after the case is finalised.
Now the cheques issued are against the doubtfull debt - as they have to first rebute their debt / liability and establish my debt.
Can company file a civil case claiming the stopped payments are rebuttable (and I am asked to prove the debt during civil suit)?

Anonymous   25 October 2010 at 21:09

Witness is required to be present on every date?

Dear Sirs,
In a Cr. case of theft filed by Police I am the witness no.4 having son of 8 years.On every date they call all the people & the whole day is wasted (they call at 1130- 12'o clock & there after any time. some times at 5 pm). As I am lady having shop & son coming home at 3 pm can I remain absent with permission of the court or with an application as I am last witness. Please guide under which section? I ready to appear whenever needed.

Either my self or my husband have to be with the child when he comes home. Nobody is there at home as I,husband,my mother in law, father in law(complainant whose evidence is over) Regards.

Anonymous   25 October 2010 at 20:41

Can I appoint my Adv. in a criminal case where Asst Public Prosecuter is our Adv.

Dear Sirs,
A criminal case is filed by police,on my complaint.Sections are 427,504,506 R/w,34 IPC against party (2 persons).Asst Public prosecutor is appearing for Police(i.e.Me & my family, 4 persons)the accused have appointed their Adv. My evidence is over. I am not happy with the Public Prosecutor. In such case can I appoint my own Adv. to run my case or to help the APP? Please guide at the earliest.Next date is 28/10/10.

Anonymous   25 October 2010 at 18:53

Income tax case and requirements in passport

Hi,

This is the situation

My father has a Income tax case against him.The judgment was in his favor in the district court.However the IT dept went to the high court and the case is still pending.Now my question is my sister lives in USA.My parents want to visit her during this summer.My parents want to apply for a passport.In the passport application form there is a requirement to obtain NOC from the court where the case is going on?So does the court issue a NOC?Will the passport office issue them a passport and can they travel abroad?Any help is greatly appreciated.

The experts on the forum replied that the court does allow this type of permission but at the same time it is the discretion of the court which varies according to merit of the each case. However the passport authorities will not issue passport keeping the NOC pending since evasion of tax comes under economic offense

I understand that in the above case a NOC needs to be obtained for obtaining a passport.My question is if the court does not issue a NOC and since the case is acquitted in the district court,can we attach a judgment copy issued by the district court and an order sheet from the high court where the case is filed, for obtaining the passport?Please advice.Any help is appreciated.

Thanks
Mahi

KADIWALAMA   25 October 2010 at 17:58

prevention of curruption act

Non ragistration of FIR immediately after receiving the complaint, Is fatal to the prosecution case?

Anonymous   25 October 2010 at 17:56

Cheque bounce case-sec 138 of N/I Act

Tenant did not pay rent for a very long time taking advantage of the old age of the owners and after 10 yrs issued a cheque for the entire dues along with a letter stating that he is due and is therefore giving a cheque for the amount. There is no lease agreement after the initial one of 11 months. Cheque bounced and complaint was filed u/s 138 of N/I Act. In the court, he stated that the cheque was taken by force and that he has paid all the rents but no receipts were issued to him. He has also filed a false police complaint after giving the cheque that it was taken by force and with the help of goondas. No action was taken by the police. After all the court procedures, the judgement is going to be pronounced within a week. He keeps telling his lawyer and others that he has no money and not in a position to repay. What are the precautions to be taken by the complainant after the judgement is given in favour of the complainant to ensure that the accused does not escape and what happens if he does not pay the amount. If he goes on appeal, then how much he has to deposit in the court.

Anonymous   25 October 2010 at 15:57

Sec 138 NI Act

I am in receipt of cheques issued by a company.
Company has stopped the payment of these cheques.
I have intiated the procedure to file a case u/s 138.
I have stopped the payment of cheques issued by me to company in lieu of refund of loan - till my due money is received either during the pendancy of court proceedings or after the case is finalised.
Can company file a civil case claiming the stopped payments are rebuttable (and I am asked to prove the debt during civil suit)?