Devajyoti Barman's Expert Profile

Queries Replied : 34799

+ View Full Profile

What kinds of questions I can and can't answer?

My area of expertise

My experience in the area (years):

Organizations I belong to:

Publications or writing which has appeared :

Educational credentials:

Award & Honors:

kalpanagupta says : high court order
sir my lawyer is said that the following order is stay order and police will not arrest you. but my friend (student of law) is saying that this is not stay order of arrest warrant. please tell me this is a stay order or not or if this is a stay order than how many days it will work sir please answer me soon high court order Case :- APPLICATION U/S 482 No. - 1982 of 2014 Applicant :- Vijay Kanthariya And 2 Ors. Opposite Party :- State Of U.P. And Another Counsel for Opposite Party :- Govt.Advocate Hon'ble Arvind Kumar Tripathi,J. The present application under section 482 Cr.P.C. has been filed with the prayer to quash the entire proceeding of complaint case no.147 of 2013, under section 498-A, 323, 504, 506, 406 IPC and 3/4 D. P. Act, P.S. Babina, District Jhansi in pursuance of the impugned summoning order dated 26.6.2013 and further prayer is to stay the proceeding of aforesaid complaint case. Heard learned counsel for the applicants, learned AGA for the State and perused the record. Learned counsel for the applicants submitted that due to some misunderstanding, complaint was filed. He further submitted that if the matter is referred to Mediation and Conciliation Centre then there is chances of compromise in between the parties. Learned AGA opposed aforesaid prayer. Considered the submission of counsel for the parties and nature of allegation. In the interest of justice, and in view of the facts and circumstances, if an application is moved on behalf of applicants within 30 days from today before the court below and Rs.1,000/- is deposited in cash within three weeks from today before the court below in favour of Mediation Centre and a draft for a sum of Rs.8,000/-is deposited in favour of opposite party no.2, Smt. Neha Gupta, the matter will be referred to the mediation centre situated at district court Jhansi. The aforesaid draft in the name of opposite party no.2 shall be handed over to her on her first appearance. Till report of the mediation centre is received, no coercive steps shall be taken against the applicants. After receiving the report/settlement of Mediation Centre, if it is found that the matter has been settled between the parties then no useful purpose would be served to continue the criminal proceedings hence the same may be dropped in view of the judgement of Apex Court in case of B.S.Joshi Vs. State of Haryana 2003(4)SCC Page 675. However, if mediation fails and applicants appear before the courts below within 30 days and apply for bail, it is expected that the same will be considered and disposed off expeditiously, in view of the principles laid down by Full Bench of this Court in case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh v. State of U.P. reported in 2009 (4) SCC 437. With these observations, application filed under Section 482 Cr.P.C. is finally disposed off.

stani says : domestic violence
married for 5years and have a 4yr old daughter not accepted,loved all these years. physically,mentally,emotionally financially abused in every way. constantly dragged and forced out of marital home where only my husband me and child lived. now sheltered at parents house. filed a case of domestic violence against husband and inlaws for royally supporting him and being by his side and provoking him for all this nonsence. they want me to divorce him which i am not able to so trying everything else that i do so. mediation failed and in court for argument of maintainence that is also being posponded as my husband and inlaws are taking dates with excuses. recently husband stopped all cash resources towards us and asked me to withdraw money from his cr card as he does not have any money. multiple Police complaints filed against husband still the police was linient towards him and the complaints were not written exactly as i had dictated they have goofed it up. constant torture from every possible way towards me and my child unable to bear i attempted suicide in year 2012 and was hospitalised. even then the police took no action against him and convinced me not to file any case against him and my husband. now lawyers asking to proove that my husband physically and mentally abused me... and thats difficult to proove. what should i do?

stani says : domestic violence
married for 5years and have a 4yr old daughter not accepted,loved all these years. physically,mentally,emotionally financially abused in every way. constantly dragged and forced out of marital home where only my husband me and child lived. now sheltered at parents house. filed a case of domestic violence against husband and inlaws for royally supporting him and being by his side and provoking him for all this nonsence. they want me to divorce him which i am not able to so trying everything else that i do so. mediation failed and in court for argument of maintainence that is also being posponded as my husband and inlaws are taking dates with excuses. recently husband stopped all cash resources towards us and asked me to withdraw money from his cr card as he does not have any money. multiple Police complaints filed against husband still the police was linient towards him and the complaints were not written exactly as i had dictated they have goofed it up. constant torture from every possible way towards me and my child unable to bear i attempted suicide in year 2012 and was hospitalised. even then the police took no action against him and convinced me not to file any case against him and my husband. now lawyers asking to proove that my husband physically and mentally abused me... and thats difficult to proove. what should i do?

stani says : domestic violence
married for 5years and have a 4yr old daughter not accepted,loved all these years. physically,mentally,emotionally financially abused in every way. constantly dragged and forced out of marital home where only my husband me and child lived. now sheltered at parents house. filed a case of domestic violence against husband and inlaws for royally supporting him and being by his side and provoking him for all this nonsence. they want me to divorce him which i am not able to so trying everything else that i do so. mediation failed and in court for argument of maintainence that is also being posponded as my husband and inlaws are taking dates with excuses. recently husband stopped all cash resources towards us and asked me to withdraw money from his cr card as he does not have any money. multiple Police complaints filed against husband still the police was linient towards him and the complaints were not written exactly as i had dictated they have goofed it up. constant torture from every possible way towards me and my child unable to bear i attempted suicide in year 2012 and was hospitalised. even then the police took no action against him and convinced me not to file any case against him and my husband. now lawyers asking to proove that my husband physically and mentally abused me... and thats difficult to proove. what should i do?

akshayvs says : please help me
RESPECTED SIR I AM IN A VERY PROBLEMATIC SITUATION RIGHT NOW .LET ME PLEASE EXPLAIN MY STORY MY GREAT GRANDFATHER HAD 3 SONS AND HE DISTRIBUTED HIS LAND AMONGST THEM .OUT OF THESE 3 SONS ,ONE WAS MY GRANDFATHER WHO WAS A ALCOHOL ADDICTED PERSON. BY THE FEAR OF HE SELLING THE LAND FOR HIS ALCOHOL ADDICTION , MY GREAT GRANDFATHER TRANSFERRED THE LAND TO MY FATHERS NAME. THE 7-12 UTTARA HAS THE NAME OF MY FATHER ON IT AND NO ONE ELSE. WHEN THIS TRANSFER TOOK PLACE, MY UNCLE WAS NOT BORN AND HENCE HIS NAME WAS NOT MENTIONED ANYWHERE IN THE DOCUMENTS MADE BY MY GRANDFATHER. MOW MY UNCLE IS CLAIMING HIS RIGHT IN THIS PROPERTY AND DEMANDING 70 % PROPERTY AS HE IS UNEMPLOYED. DO HE REALLY HAVE ANY RIGHT OVER THIS PROPERTY ?? i need to sell that property for my future education but my dad is unwilling to give the property to me and my mother ; he want to give the property to his brother ....can i claim my right in this property ?

Click here to see all answered queries

Comment Please

Other LCI Experts

Rajendra K Goyal
Queries Replied : 53581

Raj Kumar Makkad
Queries Replied : 44370

ajay sethi
Queries Replied : 31529