Rajaram C Iyer
17 April 2008 at 20:59
Please indicate the section in Cr.PC or IPC which relates to abatement of criminal case in case of death of the accussed.
Ashish M
17 April 2008 at 19:32
The other day i went to a women cell with my friend to report the domestic violence she is suffering at home bcoz of her younger brother. She used to work day and night and when she comes home, all she has to bear is her brother's physical and mental abuse. he used to beat her, abuse her mentally, raising questions at her dignity.
He is physic from mind as he was weak in his studies and since he couldn't do anything in his life, he used to alligate his mother, father and sister for his state. He harms them all physically and mentally. since, his father and mother are very old and they have the only sister who is actually working, there always remain tension at home. this boy don't hve anything to do and just sit at home the whole day and when sister is out at work, just to beat her old mother.
They tried to admit him at some mental hospital but the hospital says that he has to brought to the hospital and some male member has to be with him round the clock. The family has only father, mother, the younger brother(problem), and the sister (who is working). and nobody to help them. he has a robust body due to which nobody could even defend him/herself from him. its a far thing to "take" him to hospital. hence it has become difficult to even hospitalise him. in case we will go to police to report, they may ask for the proof of his such state, the unavailability of which could possibly weak our case.
No relative or neighbour is ready to intervene and help them.
When he crossed all the limits by beating his father, mother and sister severely that day for no reason other than his own lunacy, we decided to report it to the women cell.
But when we approached their, they, at the face denied our application by saying that women cells are only for those women who are exploited at their in-laws or by husband.
women cell can't help those women who face exploitation at their home by any of their own family member (brother or any lineal ascendent or descendent of her only family).
does the domestice voilence act protect only a married women against their in-laws? r women cell made only to protect women from in-laws or husband or any member related to the husband.
I got distressed hearing such a fact. when he said he can't do anything.
Domestic violence act defines 'domestic relatonship' to include a relation in the nature of 'consanguinity' or a 'family member living togather as joint family'..
could u pls help me out and my friend & tell me any legal help she can get for this.???
vinod bansal
16 April 2008 at 21:18
what is impact of non examination in court during a trial of a person(doctor/police officer/magistrate)who recorded dying declaration.
N.R.Kaushik
16 April 2008 at 05:31
sir,
I know that 498-A is not a compoundable offence,but this section is being compounded with the help of sc decision,can u guide me which decision is that?
vinod bansal
15 April 2008 at 21:58
I want to know whether compensation awarded by a crl. court in a case us. 138 ni act is similar to fine or not.plz let me know any latest judgment of apex court in this regard.
sitaraman
15 April 2008 at 21:15
Respected sir,
I want to know the cheque dishonour law about some clarificiations. My brother gave 5 cheques to a financier for my family debt.
all are registered debt for 5 times total amount of 4 lacks. My brother gave him 5 cheques for only security. Financier registered a sale deed for his wife name our 15 lacks property and the same date he registered a power of attorney in his name. All our family members signed both documents.After 1 year he misuse the power of attorney and transfer our property to his wife name. When we try to settle his debt he announced that everything was over. and threatened to send my brother to jail for 2 years. We cancelled our power of attorney and suit a civil file against him. So he got angry and filed a criminal case against my brother. For the past 4 years we are struggling in the court. The judgement date is coming very near. We are afraid that our case will get failure? Our 5 cheques are date barred cheques. 3cheques we gave him without mention the date. So he filled up 3 cheque with the same date.and another 2 cheques he stricked out and forgery sign like my brother.5 cheques are the same date and he make it bounced and suit a file.
please suggest me what will I do?
I want to say some details about this case.
Our lawyers send the forgery signed cheques to experts opinion to Chennai. But within a month result came. Everyone wonders that the result is against us. Even a small child can easily say that there is a difference in the signature. But How the experts in Chennai gave such a result support to the financier?
point 1 ---The financier registered the same date power of attorney and the sales deed of my mother property to his wife name.
point 2--- He didnot give the accounts to us (property sale regarding)still now.according to the rules of power of attorney.
point 3---He sold our property to his wife just 4 lacks(Real market value 15 lacks) he reduce the amount of register expenses also giving money to register officers.
We got sucess in getting postion of the property.Tempory injection in favour of us.
But 4 years my brother attending the court as a criminal. we can't tolerate this. Please suggest me what will I do? How can I prove the judge my civil suit and financier criminal suit are same. To wait until civil suit verdict and stop the proceeding of cheque case.
neeraj
14 April 2008 at 18:37
Often we read in national dailies that Supreme Court of India give directions to register a F.I.R. of the cognizable offence. But if a S.H.O. does not obey the orders. Is this a Contempt of Court? If it is can we file a writ petition before the Hon'ble High Court to give directions to register a case against the concerned S.H.O.. One thing more that even if the matter between the two opposite parties has been settled. My question is the offence made by the concerned S.H.O. stands or not by not registering a F.I.R. after receiving the information.
The party has sufficient material to prove that the S.H.O. got the information. Even the party complaint to the higher authorities against the S.H.O. for not registering the F.I.R. and told the authorities for his active connivance with the other party. But after few days the higher authorities of the police department resolved the matter between the two parties. But my question remains stand that whether the S.H.O. who do not register a F.I.R. is found guilty or not. What necessary action can be taken against the said S.H.O. so that he may not repeat the mistake.
VIKAS GARG
12 April 2008 at 23:57
Could any body explain section 170 of the code of criminal procedure 1973?
neeraj
12 April 2008 at 20:53
A PHYSICALLY ASSAULT BY SOME PERSON. THE INJURED ADMITTED TO HOSPITAL. MEDICAL LEGAL REPORT MADE BY THE HOSPITAL CONCERNED AUTHORITIES. S.H.O. WAS INFORMED IMMEDIATELY. PROVES ARE THERE. BUT NO F.I.R. REGISTERED. WENT TO S.S.P. THE S.S.P MARKED ENQUIRY. THE I.O S.P IS UNDER INFLUENCE OF THE ACCUSED PARTY. INJURY REPORT MADE BY DOCTOR IS GREVIOUS. TELL THE REMEDY. SOMEBODY SUGGEST TO FILE A COMPLAINT CASE IN THE COURT. BUT IT SEEMS HARRASSMENT TO THE COMPLAINANT HIMSELF. SOMEBODY TOLD THAT GO TO HIGH COURT. BUT IN THE PAST IT HAD BEEN SEEN THAT HIGH COURT AGAIN ORDER AN INQUIRY TO THE POLICE. ULTIMATELY NO RESULT. PLEASE TELL ME THE REMEDY.
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Dowry Harrassement
as per the recent judgments of the many Hon'ble high courts and our Hon'ble Apex court, offence under section 498A of Cr.P.C and section 4,5,6 of Dowry Prohibjtion Act are should be made compoundable and the high courts allowed the accused and the wife to compromise the matter and quashed the FIR, kindly refer the cases
reported in 1) II (2004) DMC 76 bombay
2) II (2005) DMC 412 Raj
3) 1(2005) DMC 232
4) 1(2005) DMC 311 SC
is there any judgements to show that even the magistrate can allow the compromise petition and permit the parties to compound the matter?