RAJ
19 July 2019 at 22:47
Dear experts according to your invaluable expertise and knowledge in the field, I request your guidance and assistance on the below mentioned
Based on the events during the evening hours at an inherited joint property; in which a father along with his family ( wife, son and daughter) resides (in his share); adjacent to that of his younger brother on 2010; quite contradictory to the real truth a CMP case was filed at local munsiff court by his younger brother and wife as the complainants.
Actually the complainant’s (younger brother and his wife) have unleashed unprecedented violence to the residents (the accused husband and wife) for no reason; upon some previous property grudges Following the same; both the false complainants fabricated a fake story accusing the both for theft,assault etc. Moreover, a cooked up story that the couples son has attacked them and stolen the golden necklace from the younger brothers wife was also specified in the same.
The case according to the legal process was forwarded to the concerned police station for enquiry. The police investigated and submitted a truthful report (during July 2015) on the incident stating the following facts
1.The complainant/wife admitted that the name of the accussed’s son was added since her husband insisted so that the case will attain some serious criminal traits.
2.The witnesses also stated that the the accused child was not there at the time of the incident and however does not have any idea as to why his name was included.
No recovery of the necklace, weapons or any thing incriminating was found against the accused child.The accused no3 was exempted from the case so afterwards based on the police findings.
During the month of July 2016 a discharge application was filed at the court for the due nullification of the case based on the genuine reasons of inconvenience for the elderly couple to attend the court proceedings all for baseless accusations.Both were granted bail on the month of July 2018.
Consequent to the trial proceedings for the discharge applications, during the examination of the accused (the younger brothers wife) raised a preplanned request to bring the exempted accused no3 before the court for the examination since he was specified in the first CMP filed; and the judge has accepted the same and remarked for a summons for the previously exempted child (by the virtue of CRPC 319); upon the recommendation by the public prosecutor and the much embarrassing attitude of our lawyer to have kept quiet without even raising a verbal objection at the circumstance.
The situation has lead to a difficult scenario so that the accused son has to take the bail and it costs him lot of time, money and inconvenience since at present he is working at a place long way away and often has to fly abroad etc and all as a part of the job.
1.Is there any possibility to quash the case or atleast remove the childs name from the case by application of any prayer or request in front of any higher couts or Honourable high court.
2.Any chances for freezing the summons and next hearing by the virtue of legal moves In higher courts; kindly provide the relevant sections and loopholes.
3.Will it be a problem if the party cannot appear before the court due to the travelling and remote job locations. Any risk of arrest warrants after 3 excuses? If so how to tackle the same.
4.Is it appropriate to receive the summons or just tactically avoid the same; by moving an explanation in the court and relief based on the situation.
5.Is it legally advantageous if we proceed for a strong written objection to reinclude the party; at the same court before proceeding to the higher court considering the limited time frame of barely a month for the next hearing
6.Does such a prayer or move is worth an attempt for legal success in higher court ; since the police report strongly establishes that the concerned person was not present at the scene further confirmed by the witness statements.( the report which complainant claims to be biased)
Usha
19 July 2019 at 20:55
Is it Internal Complaints Committee or Internal Committee ? Or is using any name correct and has no legal implications? Also is there an order by which the name.was changed at all?
Rajalakshmi Sarovar
19 July 2019 at 20:41
What does happen in mediation in National Consumer Commission?
The apposite parties have gone back on their words time and again, not followed orders of lower forum and staet commission.
To this the NCDRC New Delhi has ordered to go for mediation.
Last date the advocate of apposite party behave highly rudely and hurled abuses at me.
So the judges have sent us for mediation. What will happen in mediation I asked them.
They have not told anything.
I feel they will again shout etc. (Rowdism by advocate) Unruly scene. Should I carry a gun with me or should I take local police help for protection?
Please guide.
Rajalakshmi Sarovar
19 July 2019 at 20:39
What does happen in mediation in National Consumer Commission?
The apposite parties have gone back on their words time and again, not followed orders of lower forum and staet commission.
To this the NCDRC New Delhi has ordered to go for mediation.
Last date the advocate of apposite party behave highly rudely and hurled abuses at me.
So the judges have sent us for mediation. What will happen in mediation I asked them.
They have not told anything.
I feel they will again shout etc. (Rowdism by advocate) Unruly scene. Should I carry a gun with me or should I take local police help for protection?
Please guide.
Anonymous
19 July 2019 at 20:35
What does happen in mediation in National Consumer Commission?
The apposite parties have gone back on their words time and again, not followed orders of lower forum and staet commission.
To this the NCDRC New Delhi has ordered to go for mediation.
Last date the advocate of apposite party behave highly rudely and hurled abuses at me.
So the judges have sent us for mediation. What will happen in mediation I asked them.
They have not told anything.
I feel they will again shout etc. (Rowdism by advocate) Unruly scene. Should I carry a gun with me or should I take local police help for protection?
Please guide.
Rajalakshmi Sarovar
19 July 2019 at 20:32
What does happen in mediation in National Consumer Commission?
The apposite parties have gone back on their words time and again, not followed orders of lower forum and staet commission.
To this the NCDRC New Delhi has ordered to go for mediation.
Last date the advocate of apposite party behave highly rudely and hurled abuses at me.
So the judges have sent us for mediation. What will happen in mediation I asked them.
They have not told anything.
I feel they will again shout etc. (Rowdism by advocate) Unruly scene. Should I carry a gun with me or should I take local police help for protection?
Please guide.
Anonymous
19 July 2019 at 14:51
Hi,
I hv bought a flat in 2007 in my name in Ahmedabad. Now, I hv shifted to Surat.
since dad gave some 50% of initial down payment of 11 lakh flat. Balance was funded by bank loan repaid by me.
however, there are other bank transactions wherein I have given amount more than what i received from him, to invest in stocks in dad's name, FD, other use etc.
Dad has a pention income and he is wasting in stock market nowadays?
Brother, I dont know what he does, but has SUV & had foreign trips as well...
But dont want to leave flat?
i m fed up from such encroachment on my property?
Now, Dad n Brother lives there and I asked many times and with social gathering also, but they dont want to leave the property.
How can I get possession of the property or sell or any other option?
what can i do?
Vikas Jain
19 July 2019 at 14:42
I had got a decree from Peddapally court in Karimnagar district against Fertiliser corporation Ramagundam but FCI had taken a stay order from AP high court in 2002 ( AS 808/2002 lower court case no. OS 37/1996 The Case was showing pending in combined AP/Telangana high court.After bifurcation the case falls under Telangana high court but is not showing in Telangana case status web site as Karimnagar falls under Telangana I come to know the above case is showing in AP high court case status website if surch by lower case no (OS 37/1996) How this case can be transferred to Telangana high court . Please advice
Anonymous
19 July 2019 at 13:17
Sir,
I have filed 498A case against my husband and his family members for beatening up me and my children,MLC also registered for the injuries we sustained . Charge sheet is not filed yet. My husband refused to pay for my children fee and house Maintainance saying that, I have sold my land given to me by my father. How can I file a petition for getting my children fees paid? I am not doing any job. Can I ask for maintenance? I want to get separated from him. When should I file Divorce case against him? Please tell me the procedure to follow.
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Enquiry -quash of case / exemption of crpc 319 - accused
REQUEST/ENQUIRY -REGARDING QUASH OF CRIMINAL CASE / EXEMPTING THE ACCUSED REINCLUDED BY CRPC 319
Dear expert according to your invaluable expertise and knowledge in the field, I request your guidance and assistance on the below mentioned
Based on the events during the evening hours at an inherited joint property; in which a father along with his family ( wife, son and daughter) resides (in his share); adjacent to that of his younger brother on 2010; quite contradictory to the real truth a CMP case was filed at local munsiff court by his younger brother and wife as the complainants.
Actually the complainant’s (younger brother and his wife) have unleashed unprecedented violence to the residents (the accused husband and wife) for no reason; upon some previous property grudges Following the same; both the false complainants fabricated a fake story accusing the both for theft,assault etc. Moreover, a cooked up story that the couples son has attacked them and stolen the golden necklace from the younger brothers wife was also specified in the same.
The case according to the legal process was forwarded to the concerned police station for enquiry. The police investigated and submitted a truthful report (during July 2015) on the incident stating the following facts
1.The complainant/wife admitted that the name of the accussed’s son was added since her husband insisted so that the case will attain some serious criminal traits.
2.The witnesses also stated that the the accused child was not there at the time of the incident and however does not have any idea as to why his name was included.
No recovery of the necklace, weapons or any thing incriminating was found against the accused child.The accused no3 was exempted from the case so afterwards based on the police findings.
During the month of July 2016 a discharge application was filed at the court for the due nullification of the case based on the genuine reasons of inconvenience for the elderly couple to attend the court proceedings all for baseless accusations.Both were granted bail on the month of July 2018.
Consequent to the trial proceedings for the discharge applications, during the examination of the accused (the younger brothers wife) raised a preplanned request to bring the exempted accused no3 before the court for the examination since he was specified in the first CMP filed; and the judge has accepted the same and remarked for a summons for the previously exempted child (by the virtue of CRPC 319); upon the recommendation by the public prosecutor and the much embarrassing attitude of our lawyer to have kept quiet without even raising a verbal objection at the circumstance.
The situation has lead to a difficult scenario so that the accused son has to take the bail and it costs him lot of time, money and inconvenience since at present he is working at a place long way away and often has to fly abroad etc and all as a part of the job.
1.Is there any possibility to quash the case or atleast remove the childs name from the case by application of any prayer or request in front of any higher couts or Honourable high court.
2.Any chances for freezing the summons and next hearing by the virtue of legal moves In higher courts; kindly provide the relevant sections and loopholes.
3.Will it be a problem if the party cannot appear before the court due to the travelling and remote job locations. Any risk of arrest warrants after 3 excuses? If so how to tackle the same.
4.Is it appropriate to receive the summons or just tactically avoid the same; by moving an explanation in the court and relief based on the situation.
5.Is it legally advantageous if we proceed for a strong written objection to reinclude the party; at the same court before proceeding to the higher court considering the limited time frame of barely a month for the next hearing
6.Does such a prayer or move is worth an attempt for legal success in higher court ; since the police report strongly establishes that the concerned person was not present at the scene further confirmed by the witness statements.( the report which complainant claims to be biased)