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Fight against misuse of 498a ipc.

Page no : 5

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     29 June 2014

                                                        498A

 

There are no provisions in law through which engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate. You may plead case of your relative in court after securing power of attorney from your relative subject to permission of council of 32 of Advocate Act.

Kaatu Poochi (Kaatu Poochi&Co)     30 June 2014

Friend Ajay sharma This link doe's not open my system. 740390048_hamza_haji_vs_state_of_kerala_&_anr_on_18_august _2006.pdf

saurabh (business)     30 June 2014

I have recently done arranged marriage on 25th April 2014.In Feb Roka Ceremony Took place...And we have the courtship period for 2 months. On 26 th the girl came to our house and in afternoon she went for pag phera ceremony to her house.After that her father called up and told her she will never come back to our house(In Laws) house. We have tried to find the reason for the same but we didnt get anything.Then we also agreed to take the divorce as girl is not willing to stay. And we tried to do the mutual decision in terms of money with their parents and relatives. We failed to come on mutual decision as they are demanding lot of money from us. And finally 15 days back they registered a case against in Women cell stating that we beated the girl badly and they are demanding 30 lakhs from us. And they are threating us to put in jail ...so We have registered anticepatory bail.So please advice what can been done in this case.And they have put case on us under IPC 406 and 498. Please suggest....

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     30 June 2014

Mr. Saurav,

 

I have given answer on your thread on the following link: -

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104741&offset=0#.U7GMdkCm9dg

Kaatu Poochi (Kaatu Poochi&Co)     01 July 2014

Dear Shatyaprakash bani 

I'm preparing Cr.Pc 340 Perjury : 

1. In my case wife filed case she point out we are living Join family and my sisters also involved domestic violence case. But my sisters 20 years before left from our house. I have all proof.

2. Other lot of claims injury,abuse etc.,

1. point she fail to proof in court is her DV case dismiss? 

I got your u/s 91 application thank u very much

Where i approach the perjury? High court or district court? 

kirankumar (Part time Employee/ student of BL)     01 July 2014

For hamza_haji_vs_state_of_kerala_&_anr

https://www.indiankanoon.org/doc/1938230/

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 July 2014

Speedy Trial Sample Petition (Updated and Complete Petition).

 

Please see the attached file for the speedy trial petition(Updated and Complete Petition).


Attached File : 308009889 samplepetition4speedytrial.docx downloaded: 152 times

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 July 2014

Mr. Kaatu Poochi,

 

Perjury should be filed in the same courts where matters are going on respectively as a counter case.

 

Please file Speedy trial first in HC as the sample petiton above and file 91 CrPC in the same court where your matter is going on.

 

Yes, if she fails to prove her claims than the case would not only be dismissed but also the same court might take cognizance against her.

 

Kaatu Poochi (Kaatu Poochi&Co)     01 July 2014

@Shatyaprakash Bani In my DV case court is 1000 K.M different from my location. So Is there any other option to file perjury in my Location.

Kaatu Poochi (Kaatu Poochi&Co)     01 July 2014

@kirankumar I'm not understand about this judgement. It's related in forest news. HOW does it helpful of me. Kindly explain me.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 July 2014

Mr. Kaatu Poochi,

 

As per my knowledge Perjury should be filed in the same court where DV is going on.

 

Did you apply for speedy trial? Please remember it is mandatory else the case will drag for life long.

Kaatu Poochi (Kaatu Poochi&Co)     02 July 2014

@Shatyaprakash Bani But my DV Advocate not interest to file the perjury. What should I do? Is there any alternate source?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 July 2014

Your advocate is not interested because he wish to drag it life long. Did you appear HC for speedy trial or planning so?

 

Please take all certified copies of the case and try to file perjury in your jurisdiction in-person. Lets take a chance.

 

498A fighter (tutor)     02 July 2014

@ Shatyaprakash Bani

i come to know that if we file application for speedy trial either in high court or in any court , then some judges make it their ego issue, and they may try to affect the judgement which might be aginst the applicant

Kaatu Poochi (Kaatu Poochi&Co)     03 July 2014

@ Shatyaprakash Bani

340 Cr.Pc Can cover under rule Punishment,defamation?


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