Anonymous
26 December 2022 at 12:59
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.
Vijay Kumar
26 December 2022 at 01:13
Kindly tell the Limitation for filing Claim under Employee Compensation Act, 1923. Despite reading the Text of the Act, I could not get it.
I want to know the limitation applicable tom the state of Karnataka.
Anonymous
25 December 2022 at 20:26
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.
Vasudevan
25 December 2022 at 19:14
Respected Learned Experts, I am a retired Central Government servant. During the service period, I was suspended for 10 months and the Appointing Authority has declared the period as 'non est'. I had filed OA in CAT, Chennai to treat the suspension period as period spent on duty. The CAT allowed the OA. Now my department has filed a Writ Petition in High of Madras challenging the CAT order. The High Court has adjourned the case for 4 weeks time with liberty to private service of notice for admission. Even after the lapse of 3 weeks time, I have not received any summon and writ papers from the department advocate. No stay has been granted on the CAT order. How can I proceed further? As I am not well enough on financial matters, I would like to appear as Party In-Person before the High Court. What is the procedure? Please guide me. Advance Thanks to all Learned Experts in anticipation. Advance greetings to one and all in the club for a Happy New Year and seasoned greetings.
Madhu Bhargava
25 December 2022 at 17:34
What is the procedure of address change for registered association?
Anonymous
24 December 2022 at 19:30
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
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
24 December 2022 at 17:40
I put a case as a fraud on the opposite party in the consumer forum, 1st appearance is over where the judge said to lodge the complaint in PS and gave another date, i have spoken to the lawyers and they said to end the case in settlement however i tried to connect with the opp party but they aren't giving any response even they haven't come on the 1st appearance. Now i want to withdraw the case as it wil take yrs to get resolution and it will effect my career and this case is effecting badly on me, so i decided to pay the money and end it off, please tell me how to withdraw the case in consumer forum
Nikung
24 December 2022 at 16:15
My divorce case is pending.
I have one illigimate child. How can I get his passport.
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Query about settlement in police station
i fraud occur with me of 30 lakh which i paid in cash as well as rtgs . after lots of argument they are ready to compromise at 22 lakh so they right settlement letter at police station with 4-5 witness present there with time period of 9 months they will return my money is this settlement compromise letter is valid