Raj
31 October 2017 at 19:31
Sir,
In previous thread, I have sought information about the remedies available, if the witness abused the lawyer by calling him "idiot"
Now, the order has been uploaded, and the Ld presiding officer has not mentioned anything about the abuse given by the witness, despite giving assurance that he will mention in his zimini order
now, my fresh query is:
1 what is zimini order? whether it is uploaded or kept in the file separately
2 Since. the Ld presiding officer has not mentioned anything about the abuse given by the witness, what is the remedy available in such stage
Raj
27 October 2017 at 22:31
In Civil case, my lawyer cross-examined the witness, who is from OP. While cross-examination, witness argues with the lawyer and called him Idiot. The lawyer immediate report the matter to civil Judge, the judge assures that he will mention this remarks in an order
The order still has not been uploaded.
My question is
1 If the judge does not mention in his order, then what action can be taken from my lawyer side against the witness?
2 If the judge mentions that witness called the lawyer an Idiot, then will it also brings to contempt of court? What are the other legal remedies available for a lawyer?
Raj
08 October 2017 at 22:36
I have filed the transfer of criminal case arising from an acquittal, from one session division to another session division before the High court u/s 407 crpc, as Judge made certain remarks against which gives me apprehension that he will be going to convict by overturning the order of the lower court. The High court has dismissed the Petition
We have still the apprehension, as certain new developments taken place, that session judge will overturn the order,
can we subsequently file the transfer petition under section 408 crpc, from transferring the case from his court to another court within same session division?
Whether dismissing of a petition under 407 crpc is a bar of filing the fresh petition under section 408 crpc?
Raj
13 May 2017 at 20:55
Sir,
Our family dispute matter / and other related cases is pending before the CIVIL Judge and during mediation, it has come to know that CIVIL Judge knows to the opposite party through his friends. Now all the matters have been listed due to change in the roster. We have the apprehension that judge will favour him in any manner. Whether any application for recusal is there which will relieve the judge to recuse from the case? Under what sections, it can be filed in civil and well as in criminal cases?
Regards
Raj
08 May 2017 at 13:41
We filed the quashing petition before the High Court for quashing of charges u/s 498-A/406 IPC. The High Court directed us to pay Rs 1 lakh to the complainant. But we withdrew the petition in between as the trial of the case was almost complete, as a result the Petition was dismissed as withdrawn. We got acquitted from the Ld Magistrate court as there was no evidences against us and allegations are made for sake of putting. After few months , the complainant filed the Miscellaneous Application for the 1 Lakh Rupees and notices were issued.
Kindly inform whether High Court can modify its order, as we have already been acquitted.
Or any other advice, because it was the false complaint and we are falsely being framed as from the both sides, we are the VICTIMS
Raj
21 April 2017 at 21:45
My brother and his family members have been framed under false 498-A/406 Case. My brother filed the Divorce case in family court and pleaded all instances of cruelty, which was dismissed in the month of March 2017. SUBSEQUENTLY, he and his family members get acquitted under 498-A/406 charges as prosecution miserably failed to prove the charges
Against Divorce order of family court, he is filing anappeal before the High Court under F.A.O but in divorce case, he could not place the acquittal order before the family court
In that scenario, what should be advisable?
1 Whether he should file the fresh case before the family court on the basis of the acquittal order as fresh cause of action has taken place?
2 Or he should file the Appeal against the family court under FAO and simulatenously file the frsh Divorce case before the family Court on the basis of acquittal Order?
Raj
29 March 2017 at 22:37
In my writ petition against Govt body and one private respondent( Income tax matter), I received 2 counter affidavits and I am directed by High court to file the Rejoinder affidavit
My query is whether I should file 2 rejoinder affidavits against 2 counter affidavits ? or should I have to file the one common rejoinder affidavit against both the respondents denying and controverting their averments??
Raj
14 March 2017 at 14:40
In quashing case, the High court has directed me to pay the cost of the Litigation Rs 1 Lakh to the complainant Subsequently, the matter was sent to mediation, which failed after running for the period of nearly 1 year. Thereafter, my counsel withdrew the petition and the case was dismissed as withdrawn as we have already face the trail which is the stage of disposal. Now the complainant, just to give harassment has moved miscellaneous Application, in the disposed of case, asking for the cost of the Litigation. Now my query is since we have withdrawn the petition, and the case is dismissed as withdrawn, whether in such circumstances cost of litigation is maintainable? Is there any suitable remedy or case laws, please help us
Raj
13 December 2016 at 22:18
Sir, for last 1 year, the Ld Metropolitain magistrate in criminal trail, are not writing the final order. Despite for advancing of arguments on each and every date of hearing. They write the their daily order in the following way in order to save themselves from any liability
1 No DW is present. Adjournment sought. Heard and allowed. Now, to come upon 21.02.2016 for defence evidence if any otherwise for arguments.
2 No DW is present. Adjournment sought. Heard and allowed. Now, to come upon 9.4.2016 for defence evidence if any and arguments
3 No DW is present. Adjournment sought. Heard and allowed. Now, to come upon 29.04.2016 for defence evidence if any otherwise for arguments
4 Case received by transfer. It be checked and registered. No defence evidence is present. Accordingly a date is requested. Heard and allowed.
On request, now, case is adjourned to 10.06.2016 for defence evidence, if any and for other arguments.
5 No defence evidence is present. Accordingly a date is requested. Adjournment sought not opposed. Heard and allowed. On request, now, case is adjourned to 09.07.2016 for defence evidence, if any and for other arguments.
6 No defence evidence is present. Accordingly a date is requested. Adjournment sought not opposed. Heard and allowed.On request, now, case is adjourned to 31.07.2016 for defence evidence, if any and for other arguments.
7 Case received by transfer. It be checked and
registered. No defence evidence is present. Now, the case isadjourned to 14.09.2016 for defence evidence if, any or for arguments
8 Today the case was fixed for defence evidence. No defence evidence is present. Adjournment sought. Heard and allowed. Now, the case is adjourned to 11.10.2016 for defence evidence, if any or for arguments.
9 Today the case was fixed for defence evidence. No defence evidence is present. Adjournment sought. Heard. Now to come up on 25.10.2016 for defence evidence if any and arguments
10 Today the case was fixed for defence evidence if any andarguments. No defence evidence is present. Adjournment sought. Heard and allowed. Now, the case is adjourned to 05.11.2016 for defence evidence if any and arguments.
11 No defence evidence is present. Adjournment sought. Heard. Now to come up on 17.11.2016 for defence evidence if any and arguments.
12 No defence evidence is present. Adjournment sought. Heard. Now to come up on 14.12.2016 for defence evidence if any and arguments
Our lawyers get exhausted, as they advanced the arguments on each date and we are accused and our life and libert too get affected because of the casual attitude of the Ld MM
Please suggest the suitable remedy to overcome from this mess??
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