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vijayalaxmi   30 April 2009 at 12:04

Plight of a 85 year old mother

Hi,

I came across a female aged 85 years, who is abandoned by her children. She is virtually homeless and is living on road.Her neighbour wants to help her by admitting her in an old aged home. But she does not to take any liablity in future.Please could you answer the following questions which her neighbour came across while admitting her to an old aged home.

1) Can an affidavit stating that on account of any illness, death of the lady, her neighbour and the concerned old aged home is not held liable by anyone, including her children.

2) Can her children be compelled by law to take care of her?

3) Is she entitled for any maintainance from her 2 sons. Also can a unmarried, married or widowed daughter/daughters can be held responsible for maintainance.

4) Can her sons or unmarried, married or widowed daughter/daughters be punished by law for ill-treating their mother.

5)Can a criminal case be registered against her children. If yes, please could you explain the procedure to be followed.

Kamlesh soni   29 April 2009 at 03:34

how to save my client better

Respected Expert, I got one case in which my client had stolen some diomond where he works price of 6000.The factory manager had alredy enter the F.I.R.. according to my client he had done this first time and never in past.he further more added that the factory manager reduce the rate of his salary last three month without any suggestion. and it is difficult to survive his family in that salary. and he never left the service because of perticular now in dimond condition.
now please guide me how i protect my client better?

A.Mohamed Thaheer   29 April 2009 at 00:09

false complaint of sexual harassment by woman in the office

What criminal action could be initiated against a woman who gave false complaint of sexual harassment in the office and subsequently failed to appear before the Inquiry committee constituted by the govt. as per the directions of the supreme court of india basesd on the famous case of vishaka & others vs state of rajasthan (SCC) 1997?

A.Mohamed Thaheer   29 April 2009 at 00:01

At what stage criminal action could be taken against police

Let me know under what stage, criminal action against a police officer could be taken for malicious prosecution and under what section of the criminal procedure code

senthil   28 April 2009 at 18:31

324

Sir,

Need advice from experts on the following issue

Recently about a month ago on way to office had encountered a minor incident where someone(in car)wanted to overtake my car from left causing almost an accident which i reacted by not allowing him to overtake and driving slowly in the center of the narrow lane.
The guy overtook and blocked the road right in front of my car before jumping out an kicking on my windshield and window glass. As an act of defence, i pulled out a plastic cost hanger in my car, opened the window and hit him on his hand.
By this time, the road was blocked and hence the guy went his way and i too did the same.

I just realized 2 days back, that the guy had taken a doctor certificate on that particular day that his hand was hurt badly due to teh hanger hit, and filed an FIR under section 324 for which i was taken to station and had to be bailed out by family.

The police state, that the chargeseet would be filed in court and will try and ask the guy who complained to meet me to do a settlement.

Request your help on what are my options now Since i had not lodged a compliant that day thinking it was a minor road rage issue and more so since it was his fault

Will this FIR always feature against my name
Is there any way that i could get this issue closed.

Please help

Rgds

Adv. Mohan Chandra   28 April 2009 at 15:54

Roznama

Sir/Madam,

Recently I procurred a copy of the Roznama to check and bring to the notice of the court that the complainant and his Advocate were being regularly absent for proceedings to my surprise the complainant has been marked as present on the last hearing while actually he was absent and the complainant advocate has filed an application for adjournment on this ground as the complainant was absent.

Further on the previous hearing to the above the complainant and the complainant Advocate both were absent and the application for adjournment was delivered to court by their office boy and for this act the complainant was penalised Rs.1000/- but the Roznama states as Advocate present.

What should I do?

Mohanji

A Truthseeker   27 April 2009 at 22:49

bail to under-trial prisoner

criminal trial takes long time.an accused committing crime gets bail and remains free for several years creating impression meanwhile in the society that most offenders are little affected for doing wrongs. if the UTPs are granted only interim bail with condition to maintian a personal diary recording his hourly engagements , and in case of illeterate persons with the help of others can we expect better law and order?

vinod bansal   27 April 2009 at 18:02

Presumption of debt in NI Act

R/All
Whether initial transaction is required to be proved.what is the latest law/citation for presumption of debt.Thanks

vinod bansal   26 April 2009 at 21:04

Necessity of sanction

R/All
Is there any necessity of prior sanction for prosecution of a Asst. Sub Inspector of Police in Haryana,ASI of Haryana Police is removable by Govt. or not as per requirement of applicability of section 197 crpc. in Haryana. Thanks

A Truthseeker   26 April 2009 at 17:52

investigation, police, judge

investigation of a crime is by and large a function of the police. the role of judge comes into play only after the charge is framed. but the entire prosecution proceeds on case-diary which is wholly prepared by the investigating police officer who enjoys statutory protection not to b interfered by judiciary during investigation.as a result if the police perfunctorily holds investigation or with intentional manipulations, the truth never reveals and the crime can not b adjudicated.if the entire investigation process be viedo recorded with instantaneous storing in an internet site which would then be retrieved and serve as case-docket can we expect better justice?