ravi goyal
19 May 2010 at 20:44
dear all
i am confused by the conflicting views of the different high courts & the SC on this issue whether the female members of the family can be made an accused in the cases of domestic violence or not ?
Anonymous
19 May 2010 at 19:12
Dear Members,
My clinet has been booked under 498-A/406 IPC. THe court had put him behind the bars only on the ground that the complainant/wife wanted the accused behind the bars. Even the accused had handed over all the jewellary and other articles to the complainant. Is there any judgement that the court can not put the accused behind the bars only on the sole ground that the complainant wants to see the accused behind the bars.Plz provide me as soon as possible. Its Urgent. Thanx in advance.
Anonymous
19 May 2010 at 19:03
Dear Sir/Madam
I am a muslim married to muslim man. For the last 7+ years my life has been made miserable. my father expired in due course due to harassment for dowry demand unable to meet. my husband works in dubai and his family here in india, he got married with a lady abandoning me and my daughter. i waited for 5+ years then took extreme step of filing a case in local p.s. and he got arrested in indian airport in 2009 and release on bail. he sends me messages saying that he will not divorce me nor accepts me whatever. it is truly genuine 498A case, no doubt, i have not asked for any compensation and will not do. I want he and his people to learn lesson and i want justice for my real and sincere effort. He even send a postal message utter talaq twice but before he could send the third letter of talaq from dubai he came back to India and had relationship with me confessing in front of me that it was his mistake to send those two letter and before the IDDATH period between three talaq he want to patch up with me and will not do it again as he fear God. During this stay with me for some 30 to 40 days I got pregnant and I felt everything will go in peace, but again by family pressure he started demanding amount or part of property from my mother after my father death. This time he started saying that he wanted to marry to other lady as he is not derived the needed benefit from our marriage and after some months a lady trap him or he trap her and got married on internet friendship. Before my husband could take this step as he was declaring about his affair with many ladies I warn this lady who was showing him much interest calling herself as a good friend of him, but she has overlook me and my daughter and proceeded with marriage. I have ample evidence to proof that it is a genuine dowry case and illegal marriage because as per islam and morality this marriage has to be nullify.
my query is how can i nullify or void his second marriage. i want to even go to the extend of supreme court for justice.
please suggest way to approach supreme court through the same P.S. with the same crime number. concern PP and P.S.is dealing the case.
waiting for your reply sincerely.
abhay
19 May 2010 at 10:50
Respected Sir.
I am by profession a lecturer. I sold my plot to Mr. Patil which was mortgaged with HDFC. As per the agreement I have to bring the No due Certificate of the Bank before Sale deed. Unfortunately the co-op bank in which I have deposited amount of the plot closed by RBI and I failed to get No due Certificate from HDFC. It was amount of 55000/- only. I paid Mr. Patil 25000/- cash of which I have no receipts and issued the cheque of Rs 30000/- drawn on bank of maha. and after that Mr. Patil got No Due Cert. As per the agreement Mr. patil has to execute the sale deed before 30/04/2008 but due to lack of some documents from CIDCO sale deed delayed. As per the agreement, Mr. patil will have to procure all the required documents and I will help him in the matter which i did.
In the mean time I paid Rs. 30000/- to Mr Patil in cash and again didnt take any receipts since we were extremely in good terms and it was my first deal in life. On the day sale deed I demanded my cheque back Mr. Patil said it is kept at home and not traceable at the time hence he gave hand written note of cancellation of the cheque in which he has simply written that
it is hereby agreed that the cheque so and so issued by abhay mudgal is hereby cancelled.
I smelt something fishy. I informed the bank to stop the payment the cheque in written application. As I suspected Mr. patil put the cheque for realization bank had stopped the payment of the cheque giving reason No.07 which means insufficient funds. Subsequently I got notice from the advocate of mr. patil and I too replied through my advocate and eventually I got summons from the court to appear before the court to reply. I am a govt. employee and quite afraid of these things. Advocate says we have to apply for the bail. Bail means criminal offence. And because of all these things I am quite restless and frustrated though my advocate assured me that nothing will happen and I do believe him yet restless.
I have preserved the copy of original cancellation note of the cheque and a letter to bank to stop the cheque moreover as suggested by the bank employee I kept insufficient fund in the account. Should I face the trial or is there any way to compromise.
My spouse and myself are joint owners of flat. Do my spouse stand eligible to offer surety.
A photograph and tax receipts are enough to get bail.
please reply.
Expecting earnest advice in this regard.
Thanking you
with deep regards.
satish
19 May 2010 at 10:42
I have filed a criminal case for returned cheque against a party in kerala i am from mumbai the 1st date of the court has given is on 4th of august 2010 the summons has been issued on 15th of may 2010,I WANT TO KNOW ON
1.WHETHER THE WHAT SHALL HAPPEN IF THE PARTY DOES NOT COME ON THE SAID DATE i.e 4th AUG 2010.
2.IF THE OFFICE GETS CLOSED AND HE IS UNTRACEABLE.
3. IF WE CAN ASK THE COURT TO ISSUE AN WARRANT IF HE DOES NOT APPEAR ON THE SAID DATE.
4.THE SUMMONS TO BE SENT BY THE COURT OR BY US.
5. THE PARTY IS LEAST BOTHERED ABOUT PAYING THE MONEY BACK TO ME AS HE DOES NOT RECEIVE THE PHONE BEFORE I FILED A CASE AGAINST HIM, NOR IS HE SERIOUS AFTER I FILED CASE AGAINST HIM.
SO PLS GUIDE ME
PLEASE LET ME KNOW ABOUT THESE DETAILS OR ANY OTHER POSSIBILITIES WHICH CAN HELP ME.
THANKING YOU ALL FOR YOUR SUPPORT .
Member (Account Deleted)
19 May 2010 at 02:53
for queries e-mail me at osiplhy@reddifmail.com
Anonymous
18 May 2010 at 15:51
what will effect on a case,if the investigation officer did not file a statment of witnesess,which is recorded u/s 161Cr.P.C.,alongwith chargesheet?
Anonymous
18 May 2010 at 14:22
Hello Sir,
One of my friend recently met with a small accident. He was driving a car at 20-30km per hr. He was not even drunk. But suddenly, a man came from the divider for crossing, as it was night, he did not see him, and his car dashed to that man from sideways. Only his car's side mirror broke down. All this happened in fraction of seconds. As that area was not good, he ran away from that place. He dont know, what happened to that man, as never saw back after that, he was very afraid. This incidents happen daily in a city, but still he is frightened. It was not his mistake at all, he was driving slow and suddenly a man came in between.
What can happen in such a situation? If there is a police case then what should he do?
Out Of Court Settlement
I have a Criminal case pending on my name in thane kalyan court cheating case of about 75000 rs when police caught me they recovered 25000 rs and my bike and they also ceased my bank account which had 100000 rs they handovered money they recoveerd to court and they changed me with 420 and 434 case. now i am willing to settle the case out of court and get out of this problem please help and guide me to correct procedure.