Raj
10 September 2015 at 23:23
Dear Sir,
My family has been booked under 498-A/406 IPC on the complaint made by Sister-in law. In complaint he has alleged that he has given huge dowry at the settlement of marriage and made bogus list worth of Rs 40-50 lakh. In the FIR/Complaint he nowhere has stated that we have demanded dowry
On the legal advice, we filed the case under section 2/3 of Dowry prohibition Act-1961 by invoking sections of 156(3) & 190/200 of Crpc before the court of ld JMFC. On the application of 156(3) Crpc, the complaint was referred to the area Police where police take the statement of my Brother’s Father-in law in which he has admitted that he has given huge dowry. But the Police did not register the FIR on grounds of territorial Jurisdiction and filed the ATR in the Ld JMFC court
The matter was heard and re-heared many times. Finally on today, the Ld JMFC said that he is not convinced as far as disposing of section 2/3 of D.P Act is considered, he will booked both the parties in FIR as both giving and taking dowry is crime. we have argued that now here in complaint we have admitted that we have taken dowry nor there is demand from our side. But he has not convinced. Finally he has granted 1 month adjournment for clarification
No my queries are:
1 Whether we can claim immunity under section 7 (3) of Dowry prohibition Act and pryed the Ld JMFC to booked the proposed accused for “giving” dowry?
2 Any relevant judgments/citations which can be useful for convincing the Ld JMFC?
3 Whether its wise to withdraw the application under 156(3) Crpc as Ld JMFC is adamantly implicating the complainant for “Taking the dowry” under section 3 of D.P Act?
4 If we withdraw the application under 156(3) of Crpc whether Ld JMFC can allow us to lead the case under 190/200 of crpc?
aman
10 September 2015 at 22:58
a person whom against warrant of arrest issued under sec.32 of cpc...can he filed anticipatory bail under sec. 438??
raghav singh
10 September 2015 at 21:38
Sir want to change my name old to new is it possible to change pls help me sir
Sumesh
10 September 2015 at 21:35
I was resigned before 5 year from my company , its 6days working , Let me know I am eligible for gratuity ,
DOJ: 6-Jan- 2011
Last working day :21-Aug-2015
Dilshad M. Merchant
10 September 2015 at 21:20
ame is Dilshad Respected Lawyers, my name is Dilshad Merchant from Mumbai, I have a case pending Merchant from Mumbai, I have a case pending in thane JMFC court u/s. 420, 34. I am accused in thane JMFC court u/s. 420, 34. I am accused no. 2 in the matter. The case started in 2012, no. 2 in the matter. The case started in 2012, until today 26 hearings have happened. Now until today 26 hearings have happened. Now my advocate has sent me letter stating that he my advocate has sent me letter stating that he will not be able to proceed with my matter due will not be able to proceed with my matter due to difficulty in dates. He has asked me to to difficulty in dates. He has asked me to appoint another advocate. Today I gave an appoint another advocate. Today I gave an application in the court for appointing another application in the court for appointing another advocate, thereby asking further time from the advocate, thereby asking further time from the court. The judge granted only one months time, court. The judge granted only one months time, and my next date is 3/10/2015. The judge told and my next date is 3/10/2015. The judge told me clearly that on 3/10/2015 I will have to me clearly that on 3/10/2015 I will have to bring my new advocate, and he will not grant bring my new advocate, and he will not grant any further adjournment. any further adjournment. I want to know the I want to know the following: following: 1) if I don't get another advocate till 1) if I don't get another advocate till 3/10/2015 will the judge grant me more time 3/10/2015 will the judge grant me more time or give me another date ? Is there any law or give me another date ? Is there any law relating to my question ? relating to my question ? 2) if I don't get 2) if I don't get another advocate till 3/10/2015, what is best another advocate till 3/10/2015, what is best that I can do in my interest ? Please suggest that I can do in my interest ? Please suggest me concrete suggestions which will save me me concrete suggestions which will save me from any trouble in this issue. from any trouble in this issue. For your info, my For your info, my plea has been already recorded and I have plea has been already recorded and I have plead "not guilty". plead "not guilty". Complainant!s statements Complainant!s statements have been recorded. have been recorded. Please guide me ! Please guide me ! In this In this case, can the magistrate pass any order case, can the magistrate pass any order against me ? If yes, what ?
Naveen Kanth Dasari
10 September 2015 at 20:37
Hello Experts,
I have a query regarding the Validity of GPA.
A suit has been instituted for Eviction of the Tenant on 04.06.2014, and as the Plaintiff was an old man suffering with age old aliments, he has given GPA in favor of his Wife in respect to the Suit Schedule Property to appoint Advocates and deal with the case in getting it clear from all sorts of litigation and also to attend courts, file suits, and attend all the revenue offices in respect to the suit schedule property.
Now after institution of the suit for eviction by the GPA holder the Plaintiff died intestate in the month of September 2014 leaving behind his wife and son as the legal heirs, but the same was not intimated to the court and no LR petition has been filed till date or even the death certificate of the Plaintiff has not been filed in the court (because she has instituted the suit) and the GPA holder is still fighting the case as she is the GPA and moreover she is the wife of the Plaintiff and on the last date the GPA (wife) has filed her Chief Affidavit for her Chief Examination.
Now the point is:
1. Is the GPA valid even after the death of the Executant?
2. Does the wife has the right to continue the suit as she is on the record and as she has instituted the suit and apart from being GPA she is also the wife?
please give me suggestion and any citations if any.
Thank You.
Sameep Dighe
10 September 2015 at 19:32
Sir,
My Brother is residing in a society on rental basis (LL Basis) since last 5 years.
out of 5 years, he lived in same flat for 4 years and since last april'15 he shifted to other flat on same building on Lease Lic. with different owner. He was parking his car in society's general parking area since last 3 years for which soceity was accepting parking charges.
Now, suddenly society has sent a copy of resolution saying, "The decision has been taken by the members in General Body Meeting that henceforth no Tenant be allowed to park his car in society's premises"
Sir, My query is that is it legal to deny a tenant to not allow the parking space, inspite of the space is available.
pls advise.
Maria Joseph
10 September 2015 at 19:16
Sirs, I have filed a writ petition in Madurai high court before 2 months.On the 1st date judge has ordered to send private notice to all 13 respondents(7 government officials & 6 private parties) through counsel(notice returnable by 2 weeks) and on 15th date court also have sent a notice to all 13 respondents.Almost 50 days completed and no respondents have done vakalat and no any counter filed.I am waiting for the listing of my case to be listen by the honorable judge.Still the court is not listing my case for hearing.
Kindly suggest me the suitable steps so that my case could be soon listed for hearing.
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Family issues regarding love marriage
hello sir ..i am aditi singh and going to complete 18 years this 26th of september..i wanted to ask that is love marriage a crime? .. i am committed with a boy of age 22 years..but my dad is totally against this relationship because of caste problems..fews days ago he came to know about our realtionship and beat me like hell ..worst than a dog..and said that if this realtionship happens he will kill both the families including me and my boy..what should i do?