Anonymous
07 November 2022 at 16:32
How to frame questions in cross examination and examination in chief
Anonymous
05 November 2022 at 23:11
I lost my cheque book with signed cheques. I made stop payment of cheques in bank. I made a police complaint through registered post with acknowledgement card. I am worried if anyone misused it what will be the consequences. Whether stop payment and postal acknowledge card will be sufficient for my defence . Pls guide me
Anonymous
05 November 2022 at 12:17
I was charged by the Juvenile Justice Board in 2015, under sections 323, 341, 506 and 509 of IPC. But the complainant withdrew her complaint saying that she did not want to pursue the matter further against me. But I accepted my involvement in that offence. I was a first time offender. The court admonished and released me from that case. Now, I got selected in Ministry of Defence as a Stenographer. I am going to mention that case in my attestation form for police verification. Will that case affect my joining process in the department?? I have attached the court order here for reference....please reply....there will be a column in which i have to mention whether i have been convicted by a court of law....should I tick yes or no in that??
Anonymous
31 October 2022 at 23:24
Mala and Rahul were married in 2001 and were residing at Vijayanagar, Bangalore. However after few years, their relationship got strained and were regularly quarrelling overfrivolous issues. One Day, Mala left her matrimonial house with her eldest daughter Seema and started living with her father Gopalakrishna at Jayanagar, Bangalore. Rahul kept his younger daughter, Pooja with his sister Priya and prevented Mala from seeing the child.
Â
During a noon Mala came to Priya's house and forcefully took Pooja with her. Rahul on hearing this reached Gopal Krishna's house and quarreled.
Â
After two days of the incident, Rahul and Gopalkrishna happened to meet at a market place and started to quarrel and grappled with each other. Both fell down.
In the heat of passion thus generated Gopalakrishna slapped Rahul saying he would kill him. Rahul in fit of rage took astick lying nearby and gave a blow to the stomach of Gopalakrishna. Gopalakrishna who was suffering from diseased spleen fell down instantly. Before dying Gopalkrishna gave his Dying Declaration regarding the fight and the knowledge of Rahul aboutthe enlarged spleen. Rajaji nagar police arrested Rahul and filed charge sheet.
Â
Evidence was led by prosecution in the sessions Court and during trial an eyewitness stated that it was Gopalakrishna who slapped Rahul and started the fight. Trial Court relying on Dying Declaration of Gopalakrishna convicted Rahul for commission of murder and sentenced him for life imprisonment.
Â
Rahul challenged the conviction by filing a Criminal Appeal, before the High Court of Maharashtra, relying on the deposition of the eyewitness.
Anonymous
31 October 2022 at 18:54
I would like to ask my sister in law has filed a 498 A case on me and my mother
wat steps can i take to fight in the court
Suraj Kumar
28 October 2022 at 23:29
My opposite party is disturbing & threatening me at the premises wherein I reside. I was force to file 144 (2) crpc. In spite of that agents of my opposite party send group of criminals with revolver with all of them.
I have informed IO & lodges a dairy at local PS. Nobody of the area have courage to wittnest against such criminals. Hence, when police came to inquire about said antisocial activity, only my family members stated true fact of alleged threatening with arms.
Can I pray for police protection ?
Any other remedy -if available, please suggest.
Aaqib Ansari
28 October 2022 at 12:15
Attaching the problem as below: In the village of Mylapore in Tamil Nadu there is an eminent businessman turned politician Rahul Raghuvanshi. He has been elected to Tamil Nadu assembly successfully 3 consecutive times. Rahul a management graduate from Annamalai University was an active student in Youth Politics. He was The President of Janata Morcha Youth wing and thereafter he joined Janata Morcha, he held several posts within the party and at a young age of 31 became MLA. Rahul is a 2nd generation politician and son of renowned industrialist Bhargav Raghuvanshi, Shri Raghav Raghuvanshi has been a 2 times MLA and 3 times MP from Mylapore constituency, he also held the portfolio of Minister for Urban Development when Janata Morcha was in power in 1987.Rahul Raghuvanshi being an Industrialist owned several factories which had huge manpower and Trade unions with political affiliation. Rahul after procuring a degree in management from Annamalai University chose to pursue his family business, in the course of his business he had to grapple with many problems relating to workforce such as absenteeism, low productivity, and acrimonious disputes as the trade unions had differences within themselves. A strike broke out in Mr. Raghuvanshi’s factory on account of denial of bonus and incentives. There was labour unrest, sloganeering and chaos. The Trade Union Leader Babu Shankar was affiliated to Samaj Saghatan the party which was in the opposition and arch rival of Janata Morcha the Party in power. Rahul Raghuvanshi was in a fix and catch 22 situation as the labourers besieged the bunglow of Rahul Raghuvanshi at the behest of Babu Shankar on account of political rivalry there was wide media coverage of the issue. On the 2nd February, 2012 situation was extremely turbulent hence the local police imposed Section 144 of Cr.PC and also detained a few labourers U/S 151 of Cr.PC. The detention of many labourers exceeded the prescribed time ordained by Cr.PC. As Rahul Raghuvanshi used his clout and influence to suppress the agitation, the family member of a worker filed a Habeas Corpus petition on 6th February, 2012 Under Article 226 and 227 of Chennai High Court challenging the detention of several workers and also claimed compensation. The Chennai Bench consisting of Chief justice allowed the petition and gave relief to the prayers of the petitioners and also awarded compensation. The Trade Union leader Babu Shankar urged the leader of opposition in Tamil Nadu assembly to broach a debate on Rahul Raghuvanshi’s undue influence and causing loss to poor labourers. This led to furor in the Assembly demanding resignation of Rahul Raghuvanshi was the post of standing committee for Education and Environment. Rahul Raghuvanshi did not relent. This lead to social unrest and there were protest marches across the city, agitation which led to Gheraos and Bandhs. The Home minister tried to control the situation with Rapid Action Force and Local constabulary. In the course of this chaos Rahul Raghuvanshi made a public speech at Tradulai Swamy stadium on 14th May 2012 in the course of his speech he called the agitators of Samaj Sanghtans as ‘wild creatures’ and urged the Janata Morcha workers to give a ‘fitting reply’ to the protesters. This caused a furor and there was law and order problem which resulted in casualties and damage to property. Rahul Raghuvanshi was held responsible for whatever transpired and he was compelled to resign from the committees he was part of and the portfolio he held. There was round the clock coverage of the incidents of violence by the media. The opposition demanded an inquiry of the incidents and insisted on setting up a commission. A Commission was constituted in August, 2012 by the Ruling Party i.e Janata Morcha under the auspices of retired judge, Justice Vishwanath to enquire and investigate into this matter. The commission submitted its report before the House on 17th August, 2013 of the incidents of February, 2012.There was elections hence the commission report was debated fiercely then kept in abeyance. Samaj Sanghatan captured Power and Muthuswamy Nair became the Chief Minister in 21 December 2013 and the commission report was again debated with disruptions in the House. The speech delivered by Rahul Raghuvanshi was regarded as a hate speech causing enmity between two communities hence he was booked under sec 153 A of IPC for which Punishment in 3 years, after a lot of pandemonium the Commission report was implemented on 31st December, 2013. The home minister demanded arrest of Rahul Raghuvanshi and Rahul Raghuvanshi was arrested and produced before magistrate on 11th January 2014. The magistrate took cognizance of the complaint and convicted Rahul Raghu Vanshi for 3 years imprisonment. The order was challenged in court of sessions/district court, in May, 2015 the order was upheld and eventually it was challenged in Chennai High Court. The High Court admitted the appeal and overruled conviction on 16th November, 2015 of Rahul Raghuvanshi and found that lower courts made gross error in passing such orders. State challenged the High Court order of acquittal in the Supreme Court of India. Issues 1) Is he said appeal maintainable in the Supreme Court? 2) Is the High court justified in setting aside the session court’s order? 3) Does the case have anything pertaining to limitation act or has time barred as per the relevant legal provisions? 4) Is sanction required for prosecution of Rahul Raghuvanshi as he is member of state assembly? 5) Is the government bound by the findings of Justice Viswanathan commission as regards its implementation or not?
Nagarajan
28 October 2022 at 08:26
I was married in 2016. Wife left to her mother's home for delivery in Nov 2017. Thereafter I filed restitution for conjugal rights in April 2018 after child was born in Feb 2018. Wife filed private complaint to Judicial magistrate under CrPC 156(3) and upon orders FIR was registered on me and my parents. Criminal charges under 498a/406/506(2) was framed in Aug 2019. Thereafter she filed Maintenance under CrPC 125 in 2020 and same is pending. Meanwhile, I not pressed the restitution for conjugal rights as the situation was not encouraging to continue married life with her. Now in 2022, the criminal case trial was completed and we were acquitted. After which I have filed a divorce case under section 13 (1) & 13 (2) under HMA. Now after all these my wife filed DV case against in the same court where the criminal trial was conducted. How to handle this situation?
Is section 300 CrPC applicable for the same incidents. One is criminal charges under 498a/406/506(2) and being acquitted. Another new DV case upon same incidents.
Please suggest way out of this repeated litigations
Anonymous
27 October 2022 at 10:50
Respected sir/madam,
A case was registered against my older uncle, his two sons, my father, me and my minor brother ( 15years) on the complaint of my younger uncle under sec.341, sec.323, sec.325.
In charge sheet police didn't find case true against me and my brother and other four persons got police bail. No one was ever arrested.
But, SDPO recommended everyone and cognizance has been against all six people.
In appearance stage, (before trial can start), my younger uncle filed to withdraw the case and case was closed within a month of his mercy petition.
Have you ever been prosecuted ?
What should I write, Yes or No ?
Thanks.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Performance appraisal reports
My performance appraisal report were replaced with a new set of documents 15 years back to deny me promotion. I have obtained fresh evidence that my reports were replaced. The evidence contains ratings given to me by reporting, reviewing and countersigning officer, prior to replacing them. The above officers involved in rewriting and replacing my reports have retired from services. Can I file an FIR with fresh evidence against the above officers.