lakshmi banote
26 June 2015 at 23:56
Applicant-ramprasad versus manta and son Jitendra and d/o jyoti
Ramprasad has below of poverty line and no other source of encome. he can't pay interim maintance 2500 rs/month. And his wife send Jail for 3 time for 3 month by order 36/2012 date 22/1/2014 and he paid fine total 20,000rs. his wife has prerak in education department to get 2500rs/month.
अब रामपृसाद को कैसे बचाया जाय की इनहे भरण पोषण की राशी भी न देना पडे व केस समापत हो जाय उचित सलाह पृदान करने का कृपा करे
narendra
25 June 2015 at 22:59
dear experts thank u for your earlier advice..as per earlier conversation all the 3 transfer petition cases(divorce,dv and 498a)judgements are pending in sc..meanwhile in november 2014 wife has filed for maintenace and interim maintenance under crpc.125.i filed objections also..my wife is capable and highly qualified(MBA finance with SAp ceritified softwares)and before marriage worked as sap training faculty..but no proof of experience..but she herself deserted and for more than 3 years staying seperately.she is staying with parents in small town.even though i filed objections with cases background and above information and aged and sick parents responsiblility,legal expenses,my expenses in bangalore and travelling expenses for attending hearing every time min,Rs.3500.(900km away) and produced my pay slip of around Rs.35000..we r not having kids also.even i thought of producing judgements copies of interim/maintenace denied cases of capable and qualifed women.without considering anything judge(lady) has ordered interim maintenace as Rs.6000/- from date of order on 19/06/2014.i am not in a position to pay 6k interim..moreover final may be more !0k also based on interim..so i need your expertise advice for reducing interim maintenance..
1)is it possible to filed any review petiion in same court and for same judge..i
2)If i file review petition will it be any problem for main petition from judge.
3)filing review petition is better or going to appeal in dist.court is better?
4)6k interim is justificable or if i go for appel in superior court what are the chances of reducing maintenace based on my grounds,liablillities and my earnings..
i am requesting you please advice me what to do in these curcomstances..and tell which is best option for reducing maintennace..thank u
arunkumark
25 June 2015 at 12:50
In a criminal case filed by state of maharashtra in 2001 scheduled for the hearing in 2014.The jmfc court served the summons for the witness no 1/complainant in 2013. till today he is avoiding to appear in the court giving flimsy grounds and jmfc court is not taking any further steps for the same though requested several times. The court is also requested to call other witnesses to speed up and finish up the matter. In such case dismisal application is recomended or straight way approach high court under 384 for quashing the case?
Experts please advise.
rajesh
24 June 2015 at 19:22
She filed 498a now police can turn it out to 493a
suresh bhogle
18 June 2015 at 10:51
Hello members,
As per news cheque bouncing ordinance passed. President okayed it. can we now file case at a place where cheque was presented say tomorrow. Or how much time will take to actually enable the litigants to avail of the benefit of the Ordinance?
Thank you very much
Rakesh
13 June 2015 at 17:34
A Court case is going on against me under IPC 504 506 in Agra, UP
Actually, I gave some money to one of my friend but instead of returning it back, he filed the above case. I have full proofs that i gave that money to him.
I know he cannot prove any violence as Actually i did not do anything wrong to him ever.
Now Can i too filed a case against him for extortion?
Will it be accepted or rejected due to counter attack?
Dr.B.Ravi Kumar
11 June 2015 at 07:31
The merit of the case is the death of a 24 year old lactating lady with an one year old child. The gynecologist(second accused) administered inj.Ampicillin for renal colic. This was not warranted. The final diagnosis of the gynecologist is pelvic inflammatory disease. But the gynecologist has not done a per vaginal examination which is the sheet anchor of the diagnosis of pelvic inflammatory disease. The test dose was not properly done and the total dose was administered. The patient started having breathlessness, HALLMARK of allergic reaction for which inj.Diazepam was given by duty doctor (first accused)who is 60 years old. The patient stopped breathing and the anesthetist came and intubated her. Then the anesthetist(third accused) ABANDONED the patient.
The patient was then referred to another hospital for ventilatory support. At that time a reference letter was given to the husband of the patient. The reference letter(evidence act 106) is silent about both injections Ampicillin and Diazepam. Subsequent conduct(evidence act 8) in the sense in consumer forum Kollam, State consumer forum Trivandrum, Sessions Court Kollam and High Court of Kerala they are silent about Inj.Diazepam.
The stay for the criminal case will expire on 30/6/15. They got the stay stating that they want to appeal before the Supreme Court.
The charge is under I.P.C. 304 Part(II) based on I.P.C. 299(3). This is because of the following explanation. Explanation 2.—Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skillful treatment the death might have been prevented. But I feel it will come under I.P.C. 300(4) since the INTENTION was to hide the incompetence with FIRST degree KNOWLEDGE that DEATH is IMMINENT (with a high degree of probability which is only a mathematical proposition) if the antidote injection Adrenaline is not given. In this case POSSIBILITY(not probability of DEATH) is 100% if the antidote is not given because of CONCEALMENT of drug history.
Syed Ashfaque Ahmad
09 June 2015 at 17:09
DV and 498a have been registered after a 20 years of the marraige of NRI. DV case have been dismissed by lower court after full dress trial including Husband and family members.Discharge application of Husband rejected by Lower Court in case of 498a because at this stage document submitted by accused cannot be refer by the court. Now Husband has submitted his discharge application u/s 397 Cr.pc in session court.Family memberes of Husband have been discharged in 498a case by Session Judge u/s 397 cr.pc (239 cr.pc rejected by lower court)on the ground of Double jeoparady (Only one incidence DV & 498a have been registered on the one & only one FIR & same facts. I would be grateful if u can provide or advise legal suitable suggesdtion for discharge arguement. I am fightining a csae in person. For ur kind information Charges have been not framed yet by lower court. I had filed writ petion under Article 226 read with Cr.p.c 482 In High Court. Hc partly allowed the petition and advised to challenge u.s 227 cr.p.c. Please suggest legal solution
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Anticipatory bail converted into regular bail subject to condition
Dear Sir(s),
Kindly share your expert veiw that Patana High Court has granted regular bail from anticipatory bail in case of u/s 498a subject to condition to pay maitenance Rs. 12,000 per month as per exparty order of the family court. Earlier the patana high court granted me anticipatory bail suject to payment of Rs.800/- (eight hundred) pm which is now converted into regular bail on condition to pay Rs. 12000/- ( twelve thousand) . further condition mentioned in the order that the petitioner shall pay the amount as per variation of any proceeding against the order of maitenance if default to pay the amount of maintenance then bail shall stand canceled.
My queries :-
1. can i file petition before the family court for grating me to argue the case against the order of maitenance of Rs. 12000/- ?
2. can i file revision petition to remove the condition to pay maitenance per month as per order of family court ?
3. what will be appropriate action in the above circumstances ?
kindly suggest