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Anonymous   31 December 2022 at 17:15

Legal advise needed

I am a govt employee and I am only earner in my family. I was driving on NHW and met with and accident as my car collided with an other car and my car was on wrong side when collided. One of the passenger in opposite car suffered injury (fracture) in her arm. Police loged FIR against me and booked me under section 279/337 and 338. I told my lawyer that I will pay fine but my advocate told me that I am govt employee and if I get convicted I will lose my job and conviction will be entered in my character book and I should go for trial instead of confession. Iam too much upset and mentally depressed about this. Kindly suggest me if I confess and pay fine shall I remain in govt job or Not. And does my conviction effect my charater book. Shall govt terminate me from givt job.
Kindly suggest.

ROHET   31 December 2022 at 09:57

Travel ban

Hi,

If someone is blacklisted in UAE, can he/she travel to other GCC countries for work. Is there any website or any other source where we can check about the travel ban information.

Please advise asap.

Thanks,

Vardan Somayajula   29 December 2022 at 07:01

Refund of bail bonds

Procedure of bail bonds to the legal heirs of surety after disposal of case

Anonymous   27 December 2022 at 12:51

Imprisonment based on witness statements in accident cases

If all the witness stick to same story during cross examination and chief examination. All witnesses narrate same statements that were there in chargesheet and all seem to identify the accused in the court and able to explain rash and negligent driving.

Can the accused be convicted and imprisoned just based on the oral statements and confidence of witnesses in the stand without any supporting evidence to those statements ?

Anonymous   26 December 2022 at 12:59

Can accused be protected under good samaritan law ?

If accused in IPC 338 took the injured to nearest hospital and provided first aid and paid for first aid till the family of the injured comes to the hospital, can the accused be protected under good samaritan law MV ACT 134A and avoid conviction and jail term?

As MV ACT 134A clearly mentions that "such injury or death resulted from the Good Samaritan’s negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance"?

I quote the law below from internet.

1[134A. Protection of Good Samaritans. --(1) A Good Samaritan shall not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle, where such injury or death resulted from the Good Samaritan’s negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance.
(2) The Central Government may by rules provide for the procedure for questioning or examination of the Good Samaritan, disclosure of personal information of the Good Samaritan and such other related matters.
Explanation.--For the purposes of this section, "Good Samaritan" means a person, who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or nonmedical care or assistance at the scene of an accident to the victim or transports such victim to the hospital.]

Please help with understanding as someone's life and career is depended on it and case is registered and facing immense mental pressure and will not repeat such acts in future and ready to help the injured.

Anonymous   25 December 2022 at 20:26

Non appearance in court for next 6 months

I am under trial for an accident case and yesterday in court i denied the allegations and requested for a trial. Court given the date after 3 months for trial to begin.I work in a bank and got transferred to other state which is very far from court jurisdiction. I am planning to hire a new lawyer to fight the case for me during the trial.
1. I cannot come to the court for every date till end of next year. Does court allow my exemption ?
2. Without me, can my lawyer appear on my behalf and conduct the cross examination of the witness?
3. what is the process to exempt myself from personal appearance till end of next year. I can attend the court post november 2023.
4. As i was given bail from court on the same day of arrest. I haven't informed my higher officials regarding this pending accident case. Should i keep quiet or inform them ? if i inform them will i lose my job?

The injured/complainant is got his hand fractured and he is healthy now but seeking more than 10 lakhs to settle outside which i can't afford.

Anonymous   24 December 2022 at 19:30

No name in fir

In a quarrel between neighbours, FIR is launched against my friend's dad who is around 57 years. the contents of FIR has the two house numbers and the address where the quarrel happened. But when the he is called to the court and took the copies, he found that his name is present in chargesheet as A1. He is a government servant and he is worried now. If he wants to travel abroad, do he has to inform in the passport and visa ? or as his name is not there in FIR, he can just omit the fact that he was arrested and later released on bail from the court?
what is the best can be done here, keeping his age and social status and abroad plan.

Anonymous   24 December 2022 at 19:22

Witness producing photographs from mobile phone

As an complainant and eye witness i asked police to take CCTV footage and photographs of accident spot when they recorded my statement. I even visited the accident spot with them and took the photos and a video of complete surrounding area. Now when i took the official chargesheet after 4 months from police station for filing insurance claim, the contents are shocking. They just recorded the oral statements of mine and along with 5 other witnesses who are on the spot. They haven't submitted the photographs nor CCTV footage in the chargesheet and even the sketch of the accident is also wrong.
Now the case is on trial, obviously the accused is benefited from the content of the chargesheet is what i feel and this is something i feel wrong. The injured is dear of mine and is disabled.

1. When the court summon me, can i show the video and photographs of the spot to the judge? if yes, what is the standard procedure without involving police ?
2. Are the images and videos submitted by me as an complainant are admissible in the court of law?
3. Do i need to hire a new lawyer for this process?

Anonymous   23 December 2022 at 20:50

Code of criminal procedure

If accused suspension of sentence gets allowed before the appellate court, what remedy does the victim / his family has ?

Anonymous   22 December 2022 at 20:59

Face trial or quash chargesheet in highcourt

I am facing an trial in accident case under sections 279 337 and 338 even though it is not my fault. Trial date is set and is about to begin in next 2 months.
When i got the chargesheet from court. I see there is lot of differences in witness statements and also even they created an fabricated witness which orated a complete different story related to how accident occurred.
Now I have to engage an advocate to face the trial which may take another 2 to 3 years and causes mental stress as i am a government servant.
I saw few options over the internet and found cases are quashed in high court if the merits of chargesheet are challenged.
1. How reliable is this option?
2. Can i engage an advocate and put the chargesheet before the high court and quash it based on witness statements in chargesheet?
3. Should i face the trial in lower court for trial ? It takes another 2 to 3 years.?

Please suggest on what is the best option as it is deciding factor for my career and family.