LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Alameen International   22 May 2022 at 12:20

Can a defense lawyer make statement against his client

can a defense lawyer make satement against his client of no objection in open court towards judge to pass order against hie own client without written consent from client

Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp

Anonymous   22 May 2022 at 00:16

Accident case impact on government job

A a person was hit by my car from backside, he sustained multiple fractures. His family members gave complaint to police.
Now, Police filed IPC 338 on me and they gave me station bail.
I tried to help the injured but his family is demanding hefty money from me which i cannot give.
Police suggested me to contact some good criminal lawyer to defend in the court as there is clear evidence of my negligence on my side.
Police also said that in a month or two, i would get notice from court also.
police also said that i would be behind the bars for 1 year as per criminal law.

I am bank employee and my colleagues are also there in the car with me.
If any one of my colleague informs to the higher officials, will i get suspended because of on going criminal case on me?
Should i inform officials about the accident case before my colleagues does? will i get suspended and eventually gets terminated from the service?

Please help me what should i do, need some valid suggestions as it is linked to my livelihood.

Anonymous   21 May 2022 at 21:57

Dowry harrasment

Dear expart,
After 4 years of saperation & immediately after filing divorce by me my wife has filed 498 A after 494 IPC case. There is no ingeredient of 498A in the complaint.As per her complaint with whom I have married, is legally married wife of somebody else.
Police has filed charge sheet against me.
Can I go to high court to quash FIR ?


Anonymous   21 May 2022 at 20:02

Rejection of maintenance

My wife leaving me file maintenance case (125) for her & my son. After filing said case she remarried (legally) again & kept my son to unknown place. Will maintanance application rejected ?



Anonymous   21 May 2022 at 19:55

125 maintenance case

Sir,
1. My wife filed 125 CRPC against me & the case was dismissed for default.

2. She again file restoration petition to restore dismissed 125 CRPC.

3. Restoration petition was dismissed for violation of court's order.


Can it be concluded that 125 CRPC was dismissed on merit ?

4. She again file 125 CRPC on same ground and interim maintenance is allowed.

Can I appeal before High Court to dismiss 125 CRPC since lower court cannot review its own order ?

Anonymous   21 May 2022 at 19:46

Suspension

Sir,
Myself failed to pay interim maintenance to my wife but paid 70 % of due amount.
Court issue warrant against me.
I am a government servant.
If court sent me to jail, can I suspended ?
As I failed to fully comply court's order, is there is any risk of my service ?

Anonymous   21 May 2022 at 04:20

Common passage

This is the situation which Plot A which is situated as the out house and Plot B facing towards the road
If I have to reach Plot A I have to cross by the Plot B to reach A , and also the Staircase.
Documents on Plot A mentioned as ''This common passage and staircase belongs to someone else" (NO Name mentioned)
Not sure what is mentioned on the Plot B documents
Both the Plot owners are not brother or known person
Need to sell the Plot A how can i sell
what's the best way possible

Anonymous   20 May 2022 at 20:14

Poa as treasurer

Can a PoA or a family member of a flat owner become a Treasurer, Secretary, Chairman or commitee member of a co operative housing society?

khurana   20 May 2022 at 19:41

Fir registration under up ganster act 1986

I need advice & guidance from my Learned Respected Senior Experts to guide me with relevant Judgements / Precedents or any Case Laws of Filing a FIR under s 154(1) under U.P. Gangster Act 1986
Is the procedure different for a SHO of a Police Station

Sagar Kotak   20 May 2022 at 12:17

Legal query - sec. 148 (3) of negotiable instruments act

Brief Facts of the Case:

We [the Complainant] have won the case at the trial court in Bhuj, Kutch U/s. 138 of the Negotiable Instruments Act against Accused who failed to honor his payment for Rs. 75 lacs.

The Accused preferred an Appeal against the said order of the trial court. The Appellate court directed the Accused to deposit an amount of Rs. 22 lacs in court as a pre-condition to accept the appeal as per S. 148 (1) of the NI Act which reads as under:-

"the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty percent of the fine or compensation awarded by the trial Court"

My Query is as follows:

Present Stage: We have filed an application before the Appellate Court to direct the release of the said amount of Rs. 22 lacs deposited by the Accused in favor of the Complainant as per Sec. 148 (3) of the NI Act which reads as under:-

"The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal:
Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant."

I need advice & guidance from my Learned Respected Senior Experts to guide me with relevant Judgements / Precedents / Case Laws / Points of Arguments and / or with any other case material which could help convince the court to release the said amount in favor of the complainant as per S 148 (3) of NI Act.

In spite of the aforesaid law, if the court for some reason denies to release the said amount in favor of the complainant then what are the remedies / options available to the complainant to appeal against the said order? What is the procedure to be followed and which is the competent authority to approach to challenge the order. Can the procedure be expedited or is it a lengthy procedure?

Thanking You In Advance.

Regards.