B Guru Murthy
05 December 2016 at 23:55
Hello LCI,
The Prosecution failed to bring all the witness(outsiders). However, the prosecution brought only police(state) and complainant family members(prime witness)
Now the prosecution witness (outsiders) and 313 is also closed.
In this case what can be arguements in 498a case when prosecution failed, if any arguements which is best oral or written arguements
B Guru Murthy
17 November 2015 at 21:32
Repsected Sirs & forum members
thank you all, for your previous replies.
My Quash petition is dismissed by AP HC
However, AP HC, directed the lower court to dispose within in 6 months and ordered dispense with attendance for A2, A3, & A5.
In lower court, I have taken a legal aid since i lost job because of this case 3 years back.
the legal aid is coming to court and guiding me, but he said he cant guide in drafting petitions and asked me to do myslef.
For the next hearing he asked me to file affidavit, so that he will ask the court to dispsoe the case.
this would be first interaction with judge because till now only attendance
Query
what is to be covered in affidavit?
any sample affidavit for 498a cases
B Guru Murthy
07 September 2015 at 22:09
Dear Members,
The Queriest is A1 in 498a.
A2 filed a Quash petition in the High Court. In result, interim stay granted. This was in 2011
The Advocate who pleaded our case become JUDGE. And this was in 2012.
We came to know this & we went to Advocate Office and we met his Father who is also Sr Advocate. He informed that 2010 cases are going on and said to wait till 2013.
Mean while Father of the JUDGE (then Advocate) expired, after few days we went to the ADVOCATE OFFICE. We came to know that all the cases of the JUDGE (then ADVOCATE) were taken care by his Son & his nephew. Both of them are advocates.
When we discussed about our case status they said to wait till 2014 till it gets listed.
We were following through phone once in quarter regularly in the year 2014, WELCOME 2015, 2014 also passed no response from them.
After that in JAN'2015 we went personally to know the status of the case. They said that our case was listed in DEC'2014. They did not even inform us about the same until we met & asked about the same. When we asked the same they simply said that that they tried to call us and said that we did not respond.
I did not know what to do and came back, after they said that we have to wait for some more time. Till no call from them???.
I'm running every month up & down to lower court only for attendance since 5 years, because QUASH petition is in STAY
Queries:
1. When will it get listed again, it is already 4 ½ years.
2. Many cases after 2012 are getting cleared. What about my case
3. Why advocate did not attend the case respond and did not inform us
4. A separate vakaltha is needed again for him, if so, whey did not he till date
5. Is there any problem from the ADVOCATE side.
Please enlighten me what to do in this regard.
B Guru Murthy
22 January 2015 at 22:23
Dear Ld Members,
Through email I would like to authorise a recognised Inst.in England for 16 pounds of tuition fees to deduct from my HDFC Master Card.
They wrote: Ok, but please be wary about sending this to the right person. We would not like your details to be sent to someone else.
Now i am worried to know more faqs about these type of transactions
Queries:
1) Can they deduct more than what i authorise
2) any consequencies i have to face
Please enlighten me
B Guru Murthy
06 April 2013 at 19:28
I'm appearing for Civils (Group 1 & 2) exam in Andhra Pradesh
one of my batch mate told that 'B' Certificate of NCC can be considered as reservation for Civils (Group 1 & 2) eam & Civils (Group 1 & 2)Jobs
It is corrrect?
thanking you in advance
B Guru Murthy
30 June 2012 at 22:57
If a lawyer acting for the Petitioner also empanelled as a lawyer on the opposite side for a Co-Respondent which remains ex parte wilfully.
(i) will it come under the conflict of interest for the concerned lawyer
(ii) If yes, how to expose it and bring the said conflict of interest on record
( since Co-Responent remains ex parte)
Add’nal Info:
In the same court in other similar case the very same Co-Respondent had filed a similar case against another Respondent and the very same lawyer is holding brief for the Petitioner (Co-Respondent) in earlier case.
This classification is being sought on prof’nal ethics & conflict of interest as applicable to lawyer.
B Guru Murthy
27 May 2012 at 14:09
A fake witness(person no where related to the parties)
who give his statement u/s 161 CrPC
(with the instigation of police/parties )
is valid in the court of law,
who doesn't have a voter identity in that region/city/district.
Please enlighten me
B Guru Murthy
04 January 2012 at 02:07
Ld. Members,
Divorce suit pending in High Court filed by Petitioner/Plaint(Party in person):
In this connection...
a subpoena petition can be filed by Petitioner as provided Under Order 5 Rule 16 (1) to service provider(Bank) for submission of reocrds which is evident for the case.
Please Advice
B Guru Murthy
15 September 2011 at 23:34
Hello Ld Members,
I did not receive my PF benefits depsite completing all the formalities with my employer on last day of work.
My employer is not responding to my
letters.
My Employer details:
Corporate Offce: Mumbai
Regd Office: Faridabad
Que'n:
How to know the address of EPFO of my employer to know the progresss of my PF appplicaiton and further to file an RTI on the same.
Pleas enlighten me in this regard.
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Procedure/process on the day of hearing of sentence
Dear LCI,
querist (A1) convicted in 498a along with A6 (sister-in-law),
now waiting for hearing of sentence
on the day of pronouncement of judgment.......
Judge questioned for a1 & a6
for a1, why no defence evidence?
I have no answer to the JUDGE
AND
FOR a6,
as you took aliby on the day of alleged offence and you did not adduce any evidence to that, thus you are convicted
even a6 has no answer to the JUDGE
But the answer to question of JUDGE to the FORUM is ..,
that our counsel(legal aid) said not to adduce any evidence, so i was silent basing on his words and
no idea why, a1 convicted.
&
no clarity why, a6 was convicted.
but all witness as per 161 statement are hostile
only police and complainant side witness was taken
query:
in this regard A1 can request to call de facto complainant (498a petitioner & then wife for a1) to talk in court before judge regarding the sensitivity matters related of the case on day of hearing of sentenence
as provided U/s 235(2) - chance given to a1 to say few words related to case