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Krishna   07 October 2016 at 13:17

Accident case- help

I met an accident in 2014. An autorickshaw hit my car. Passenger sitting in autorickshaw was minorly injured. I too got injured. Autorickshaw driver ran away from the spot as he was at fault. Passenger sitting in autorickshaw and me went to the Civil Hospital. We both got the treatment in the hospital and discharged with in 10 minutes from the Hospital. Passenger sitting in autorickshaw demanded money from me. I simply refused to give the money as i was not at fault. After 1 month of accident, I came to know that passenger sitting in autorickshaw has filed an FIR u/s 279 and 337 of IPC. In that FIR it is written that i hit the autorickshaw and ran away from the spot. But the truth is that i too got a treatment in Civil Hospital and i have also call details that i have called a PSI of police station. PSI of police station has also reached the civil Hospital and as i refused to pay money to autorickshaw. He with collusion of PSI filed an wrong FIR against me. Now i have a received a summons from the court. I have seen all the documents in the court. Now PSI has not filed a treatment report of mine in the court as it will go against him as i have not ran way from the spot. Now my lawyer is advising me to accept the offence and get free with some bucks of penalty. What should i do
1) shall i accept the offence? if yes, what impact it will have in future
2) shall i file quashing petition in the high court on the basis the PSI has filed wrong FIR alongwith all documents.
3) shall i file discharge application in the trial court on the basis the PSI has filed wrong FIR alongwith all documents.
4) shall i face the trial

Krishna   15 May 2015 at 00:41

Procedure to follow

I HAVE FILED A CIVIL SUIT. I AM APPEARING PARTY IN PERSON. I WANT TO CONTRADICT ONE OF MY OWN WITNESS. WITNESS CROSS-EXAMINATION IS OVER ON LAST DATE. I WANT TO USE SECTION 145 OF EVIDENCE ACT. SHALL I NEED TO MADE AN APPLICATION IN THE COURT TO USE THIS SECTION. OR IS THERE ANY OTHER ACTION OR ANY OTHER REMEDY AVAILABLE IN THE LAW.

Krishna   12 May 2015 at 21:09

Course of action

IF ONE WANTS TO CROSS-EXAMINE HIS OWN WITNESS. WHAT IS THE PROCEDURE TO DO THAT. IF I HAVE TO MAKE AN APPLICATION IN COURT, IS THERE ANY TIME FRAME TO MAKE AN APPLICATION FOR CROSS-EXAMINATION OF HIS OWN WITNESS.

Krishna   09 May 2015 at 15:53

Tenant has filed a suit

MY TENANT IS NOT PAYING THE RENT FROM LAST 6 MONTHS AND HE IS NOT PAYING CORPORATION TAX FROM LAST 4 YEARS. HE IS NOT INCREASED A RENT FROM LAST 40 YEARS. RECENTLY I HAVE RECEIVED A NOTICE FROM CORPORATION THAT BUILDING REQUIRES THE REPAIRS AND MAINTENANCE. I REPLIED THAT IT IS NOT POSSIBLE TO REPAIR THE PREMISES SINCE THERE IS A TENANT IN THE PREMISES. PREMISES CAN BE REPAIRED ONLY AFTER DEMOLITION OF OLD PREMISES. TODAY MY TENANT HAS FILED A SUIT IN THE COURT FOR INJUNCTION THAT HE CANNOT BE EVICTED FORCEFULLY AND ALSO ASKED THE COURT TO DIRECT LANDLORD TO CARRY OUT THE REPAIRS. MY TENANT IS PAYING RS 140 PER MONTH RENT WHILE MARKET RATE OF RENT IS RS 15000. WHAT GROUNDS SHALL I TAKE IN THE COURT IN SUIT WHICH IS FILED BY THE TENANT. SHALL COURT LISTEN TO THE TENANT WHO DONOT PAY THE RENT AND CORPORATION TAX REGULARLY.

Krishna   28 January 2015 at 17:09

Which date to considered

I have filed an eviction petition on my tenant on bonafide need for my son. i have given a notice in the year 2000 but filed an eviction petition in year 2003 because tenant is my close relative, so i tried through relatives that without going to court, he vacates the premises but the negotiation failed. so it compel me to file an eviction suit in year 2003. Now he has produced the PAN No. print out taken from the internet and tried to show the that my son is not employed. My lawyer said holding a PAN card in 2014 will not affect you but have to prove that your son doesn't have the income when bonafide need is arise. Please tell me which date is to be considered for my bonafide need i.e. date of notice or date of filing an eviction suit. Please reply me urgently.

Krishna   01 January 2015 at 18:30

What to do

I have filed a civil suit. I have asked the court to issue the summons to the Municipal Corporation to call as my witness. Court issued the summons. Municipal Corporation employee appeared and given an examination in chief. After that Opposite has cross-examined him but he has completed his cross-examination. Meanwhile i went to high court regarding some other issue and high court has put the stay on trial. After that my petition has been allowed by high court later on and in between lower court judge has retired. Now after 4 months new judge has been appointed. Now the witness i.e. Municipal Corporation is not coming to the court because previously high court has put the stay on trial and after that lower court judge has retired. How to call that witness in the court.Shall i ask the lower court new judge to re-issue the notice to call him to the court. Is there any provision in law. Please guide me immediately.

Krishna   22 December 2014 at 16:44

Evidence validity

I MET WITH AN ACCIDENT. ONE PASSENGER GOT INJURED WITH MINOR INJURY. NEXT DAY I HAVE SEND MY VEHICLE FOR INSURANCE WHERE BY I STATED HOW THE ACCIDENT HAS HAPPENED. ONE PASSENGER FILED AN FIR U/S 279 AND 337 CPC. I CAME TO KNOW ABOUT FIR AFTER 1 MONTH, WHEN I RECEIVED A NOTICE FROM THE POLICE. IF MATTER GOES TO COURT, CAN I SUBMIT A CLAIM FORM AS EVIDENCE THAT I HAVE ALREADY NARRATED A SAME STORY TO INSURANCE COMPANY ON THE SECOND DAY OF ACCIDENT WHICH I HAVE TOLD TO THE POLICE AFTER RECEIVING THE NOTICE. CAN A CLAIM FORM IS CONSIDERED AS EVIDENCE IN MY FAVOUR AND SHALL I SUBMIT IN COURT, IF MATTER GOES IN THE COURT.

Krishna   19 December 2014 at 16:36

Strategy for the case

I MET WITH AN ACCIDENT. FIR HAS BEEN FILED UNDER SECTION 279 AND 337 OF IPC. AUTO RICKSHAW HAS HIT MY CAR AND RAN AWAY. BUT THE FAMILY SITTING IN THE RICKSHAW HAS FILED THE COMPLAINT AGAINST ME. IN THEIR FIR THEY TOLD THAT THEY DOES NOT KNOW THE AUTO RICKSHAW NUMBER AND AFTER ACCIDENT HE HAS GONE FOR THE ACCIDENT SPOT AND I ALSO RAN AWAY FROM THERE. BUT POLICE HAS RECEIVED A REPORT FROM THE HOSPITAL THAT I HAVE TAKEN A TREATMENT WHERE THE ONE OF THE FAMILY MEMBER SITTING IN THE AUTO RICKSHAW HAS TAKEN THE TREATMENT IN THE SAME HOSPITAL. VICTIM FAMILY ALSO MENTIONED IN THE FIR THAT 3 ADULT AND 1 CHILD IS SITTING THE AUTO RICKSHAW. AS PER KNOWLEDGE ONLY THREE PERSONS ARE ALLOWED TO SIT IN AUTO RICKSHAW. WHAT EVIDENCE SHOULD I COLLECT AND WHAT SHOULD BE MY STRATEGY IF MATTER GOES IN THE COURT.PLEASE HELP ME URGENTLY, I VERY MUCH TENSED THAT WITHOUT MY FAULT, A COMPLAINT HAS BEEN FILED ON ME.