Dv case

you will have to file an application to defend the case. then accordingly you shall refute the allegations raised against you

Regards,

Rit Arora
Advocate
7838737001

1. As per CrPC 91 Clause 3(a) Court has no power to compel any bank stuff to give evidence against you.

2. Burden of proof lies on her as per Indian Evidence Act Section 101,102.

3. You may file perjury (CrPC 340 read with CrPC 195) against her along with strong WS in the same court for further investigation (as challan not submitted, evidence for her claims etc).

Please check following link for more info.

https://www.facebook.com/RockySmith4Calcutta/

Originally posted by : Rocky Smith
	1. As per CrPC 91 Clause 3(a) Court has no power to compel any bank stuff to give evidence against you. 2. Burden of proof lies on her as per Indian Evidence Act Section 101,102. 3. You may file perjury (CrPC 340 read with CrPC 195) against her along with strong WS in the same court for further investigation (as challan not submitted, evidence for her claims etc).   Please check following link for more info. https://www.facebook.com/RockySmith4Calcutta/

Court has all the power to get details under CrPC 91 Clause 3(a) from bank.

Your advice is incorrect.

@ even if you are not party to the case, by submitting application under CrPC 91 Clause 3(a) you the brotherinlaw will automatically become party to the case.

By any chance if money was deposited into your account, be sure you and your brother along with your parents will spend next 7 years in jail.

Perjury case can only be filed after these cases are over and you come out clean, whose chances are bleak. 

There is no need to submit challan to court in this case.  All records will be got inside the court and you will shortly recieve notice for appearance in court.  Be confident about this.

@Rokcy smith. 

Refrain from giving bull sh*t advice to innocent people who come to lawyers club for advice.

Because of you people might even end up in jail.  Beware.

Originally posted by : Advocate Ram Babu
	Originally posted by : Rocky Smith 1. As per CrPC 91 Clause 3(a) Court has no power to compel any bank stuff to give evidence against you. 2. Burden of proof lies on her as per Indian Evidence Act Section 101,102. 3. You may file perjury (CrPC 340 read with CrPC 195) against her along with strong WS in the same court for further investigation (as challan not submitted, evidence for her claims etc).   Please check following link for more info. https://www.facebook.com/RockySmith4Calcutta/ Court has all the power to get details under CrPC 91 Clause 3(a) from bank. Your advice is incorrect. @ even if you are not party to the case, by submitting application under CrPC 91 Clause 3(a) you the brotherinlaw will automatically become party to the case. By any chance if money was deposited into your account, be sure you and your brother along with your parents will spend next 7 years in jail. Perjury case can only be filed after these cases are over and you come out clean, whose chances are bleak.  There is no need to submit challan to court in this case.  All records will be got inside the court and you will shortly recieve notice for appearance in court.  Be confident about this. @Rokcy smith.  Refrain from giving bull sh*t advice to innocent people who come to lawyers club for advice. Because of you people might even end up in jail.  Beware.

Your all these imputed statements are against the jurisprudence.

Please learn CrPCs carefully before practice.

I think you are very frustrated advocate because you may have not have clients.    

Please at least read forum rules carefully before any post. 

https://www.facebook.com/RockySmith4Calcutta/

The crux of the problem lies whether she really gave that amount to you and you deposited the same in the bank account.  If that is so, then she will naturally not have challan, as the cash was deposited by you.  If she did not give you the cash and put false allegation after getting the information that 3 lakhs was deposited in your bank account, prima-facie the burden lies on you to prove that how you got Rs.3 lakhs cash credit transaction to the satisfaction of the court.  After that, further, you can put the burden on her how she got Rs.3 lakhs case.  She has to show the corresponding transaction of Rs. 3 lakhs, i.e., how and from where she got Rs.3 lakhs.  First file reply to the application controverting her version and putting your pleas. 

Jaiprakash, as rightly pointed out by expert above, did u accept cash from ur sister-in-law ??? If not then is there a deposit of 3L in ur account from some other source ?? Does ur bankstatement mention name of your sister-in-law as depositer/source from where u got money ???

Why dont u voluntarily submit ur bankstatement in court and close the chapter if ur innocent. This way the case will not drag further.

what i understand is that ur sister-in-law is claiming that she has herself deposited cash in your account. If that's so then the bank statement could have her name as depositer in its record and hence she has made an application to call the bankstatements thru the court.  However if u have collected the money and deposited in ur bank then the statement will show as Cash deposited by Self.

Courts can ask you to submit ur bankstatement and if u refuse then it has powers to call for records from bank authorities.

Be cautious in filing ur statement if u have accepted cash from sister-in-law . Hire a Criminal lawyer and he will defend ur case 

Hello, She mentioned in her application that she has paid Rs. 2.8 Lakhs in the year 2010-11 and requested to get the court to summon the record for the year. During the said period, she has not given any amount to me. In fact there was no single transaction in that period in my account. However, she paid me Rs. 2.8 lakhs through somebody by cash deposit in my account during the period 2013-14. Kindly advise.

sorry, u took the money and further asking the forum to guide you...i will pass this one.

You better consult a criminal lawyer and tell him COMPLETE FACTS or else u will be in big trouble !

You have been adequately advised.