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Queries Participated

Adv. G.Narayan   23 March 2012 at 22:21

Pwdv act-2005

Can anyone upload any latest judgement
( Supreme Court And various High Courts) on Section 26 of PWDV Act-2005 rearding relief U/S 18,19,20& 21 of PWDV Act in ongoing Civil Suit pending before a Civil court.

Anonymous   29 December 2011 at 19:33

Section 386 (d) & (e) cr.p.c.

Dear Experts,

Can anyone provide the latest citations of Apex Court or High Court judgements or interpretation of Section 386 (d) & (e) of Cr.P.C.

Anonymous   28 December 2011 at 19:29

Probate & letter of administration

What is the basic difference between Probate and Letter of Administration.

Is it correct that Letter of Administration and Probate is not compulsory/necessary in Delhi.

Anonymous   28 December 2011 at 19:21

Section 386 cr.p.c.

"X" a mother filed a case U/S 12 PWDV Act against her son "A" and daughter-in-law"B" for relief U/S 18,19,20 & 22.She also filed application U/S 23 for a monthly maintenance of Rs.12,000/- from "A" by claiming on oath that she didnot have any source of income and she was on the statge of starvation.She suppressed the fact that she has been getting a monthly pension from GOI of around 12,000/- also at the time of filling this case she was having Rs. 5-6 lakhs worth FDs with various banks and also around 3-4 lakhs in 4-5 saving bank account with various banks.The son collected all these evidences and filled an application U/S 340 for prosecuting "X" for committing perjury. In the meantime the Magistrate granted an Interim Protection Order in favour of "X" restraining "A"&"B" from committing physical violence against "X" on a false complaint made to the police that both the respondents had assualted her (this relief was not demanded by her in her sec. 23 application).

"A" & "B" filed an appeal U/s 29 gainst this Interim Protection Order. The appeal is pending before the session court for the past one year.

Now the question is can the Session Court dismiss the complaint of "X" U/S 386 Cr.P.C.beacuse of the following reasons.

1. The Apex court in Dalip Singh Vs. State of UP & Othrs. (2010) 2 SCC 114 has held that anybody who comes to court with tainted hands is not entitled for any relief Interim or Final.

2. Also In Varsha Kapoor vs. UOI & othrs the Delhi High Court has held that a mother-in-law cannot make a copmplaint against her daughter-in-law under PWDV Act.

Kindly advise and if possible then kindly fornish some citation for dismissal of this complaint U/S 386 Cr.P.C. or any other provisions of law.

Adv. G.Narayan   27 October 2011 at 09:19

Re: citations

Can anybody upload the following citations or similar one.

1. 2(1997) CCR 536: AIR 1980 Orissa 143
( The accused who is an advocate can represent his co-accused in the capacity of the advocate in a criminal case till the licenceof the accused is in existence.

2. 1999(2)RCR (Crl.)1 Kerala : 1999(2)RCR (crl.) 373 SC
Third person as an advocate can represent a party without being GPA of the party with the prior permission of the court which has to be obtained by the party and notby the third person.

Thanks in advance.

Anonymous   25 October 2011 at 18:29

Interpretation of statute

Section 2(q) of Protection of Women from Domestic Violence Act-2005 (PWDV) states that Respondent would be only Male Adults.

Different Courts have given their different interpretation of this section.

Division Bench High Court of Delhi in its Judgement dated 03-06-2010 in Varsha Kapoor vs UOI & Othrs 2010(3)JCC 1659 held- " What follows is that on the one hand, aggrieved persons other than wife or a female living in a relationship in the nature of marriage viz sister, mother, daughter or sister-in-law as aggrieved person person can file application against adult male person only. But on the other hand, wife or female living in a relationship in the nature of marriage is given right to file complaint not only against husband or male partner, but also against his relatives."

By this interpretation a mother-in-law cannot file a complaint against her daughter-in-law under PWDV Act as a daughter-in-law is not a relative of husband of mother-in-law.

The single judge bench of Mukta Gupta of Delhi High Court on 02-09-2011 in Kusumlata Sharma vs State & Anr.( Crl.M.C.725/2011 & Crl. M.A.No. 2797/2011 ) has held that a mother-in-law can file a complaint against her daughter-in-law under PWDV Act-2005 overruling the judgement of the Division Bench of the same court.

Now the questions arise :

1. Can a single judge bench overrule the judgement of the Division Bench of the same Court.

2.Would this judgement ( interpretation of statute) have retrospective effect. A case was filed by a mother -in-law against her daughter-in-law in July 2010.The court passed Interim protection Order against the daughter-in-law in January 2011,which was challenged in the session court because at that time the ruling of High Court of Delhi in Varsha Kapoor case was prevailing.The appeal is still pending.

3.Could the judgement in Kusumlata Sharma case apply in deciding this appeal.

4.The Supreme Court in numerous judgement has held that retrospective opeartion of law is not permissible unless effect by express terms or necessary intendment, therefore can an interpretation of statute would have same effect as of law .

Kindly provide if there is any citation that the any new interpretation of statute would be traeted as a new enactment and it would not have any retrospective effect.Kindly advise



Anonymous   24 October 2011 at 20:08

Re: complaint u/s 340 cr.p.c.perjury against counsel

Happy Diwali to all Dear Experts,

'A' a mother filed a false case U/S 12 of PWDV Act-2005 gainst her son "X" (R1) and daughter-in-law 'Y'(R2).She also filed application U/S 23 for Interim mainatenance of Rs. 12,000/- by making false staement on oath that she didnot have any source of Income and she was on the stage of starvation. The fact is that she is a Govt. of India pensioner and getting monthly pensions of Rs. 10,000/-.

Aggrieved by this false case "X" filed an application U/S 340 Cr.P.C.R/W Section 195 Cr.P.C. for prosecuting 'A' for Perjury.

In the meantime getting no monetary relief from the court ,"A" made a false complaint to the Police that on a particular day when her son went out for morning walk her dauaghter-in-law assaulted her. She obtained a DD entry of this complaint.

On the next date of hearing the Counsel of "A" presented the copy of this complaint and said that both the Respondents had assaulted "A". The lady magistrate without giving opportunity of hearing to the respondents arbitrarily passed an Interim Protection Order in favour of "A" restraining the respondents from committing any physical violence against 'A'.Which has been challenged by the Respondents in Session Court.

Question here arise the "A" in her complaint to Police clearly states that when her son went out for morning walk her daughter-in-law assaulted her. But the Counsel of 'A' submitted before the court that both the respondents had assaulted her and the magistrate passed this order based on the submission of the counsel of'A' against both Respondents.

Can "X" file a complaint U/s 340 against the counsel of "A" as the counsel for 'A' made false submission before the court that both respondents assaulted "A" .
"X" has obtained the certified copy of Complaint made to the police.

Copy of the complaint clearly states that when "X" left out then "Y" assaulted her. The fact of the matter is that even "Y" also didnot assualt her and she filed this false complaint only on the advise of her counsel after getting no monetary relief from the Court.

Kindly advise.

Anonymous   16 October 2011 at 16:42

Legal aid

Can a person who has availed free legal aid from District Legal Service Authority including advocate for filling case under PWDV Act -2005 simultaneosly avail services of Private Lawyer in the same case filed thru Legal Aid Lawyer.

If no ,then what could be the legal course for the person gainst whom the case has been filed with the help of legal Aid.

Is there any citation that a person who has been availing free legal aid including free counsel can not avail the services of private counsel in the same litigation.

Anonymous   03 September 2011 at 20:52

Personal appearance of respondents in pwdv act-2005

Dear Sirs,

Is it necessary for the respondents to appear personally in PWDV Act -2005 on each and every date. If no ,then Can you please give any Citation.

I am told that the Hon'ble Punjab & Haryana High Court has given a judgement in this regards in Crl.M.No. 25966 of 2008. Can anyone upload this Judgement or any other related Citation.

Thanx & regards

Anonymous   02 August 2011 at 20:21

Sec 26 PWDV Act In Civil Suit

"A" ,a daughter-in-law has filed a civil suit against "B" her mother-in-law for Permanant and Mandatory Injuntion restraining "B" from disposing off and dispossesssing "A" from the suit property. "A" got stay order in her favour from the court.

"A" has also filed a complainnt U/S 26 of PWDV Act-2005 for relief U/S 18,19,20 & 22 in the same suit against "B" ,her two daughters and one son-in-law. The Court issued C/N to all the four respondents. All the four respondents filed reply through Counsel of "B" in the same suit. But the Counsel of "B" has filed Vakaltanama on behalf of "B" only as he has been representing "B" in the same civil suit.

1.Is the joint reply filed by all the four respondent through B's Counsel acceptable ?

2. Can the court pass order against other three respondents Ex-Party as they niether appeared before the court personally nor filed the reply through Counsel duly appointed by them.

Kindly advise.