Anonymous
22 September 2021 at 15:45
Good Morning sir,
I have a query regarding Admissibility of WhatsApp screenshot in court of law in India.
If someone has deleted his part of communication in WhatsApp chat and then taken his screenshot, Will that screenshot be admissible in court of law?
In my case the opposite party has deleted his messages and took screenshot. My problem is that even I have deleted the chat. Pls share your legal and technical opinion.
Thanks
Anonymous
16 September 2021 at 22:02
Dear Sir,
I am a government employee. When I got my job 2 years back a false criminal case was slapped on me just after 3 months of job. It is a dowry and false promise of marriage case.
I applied for Anticipatory bail. Same was granted by the court. I was never arrested by the court. I informed about this case after almost 1 year to my department. My opposite party is continuously sending complaint letters in my department. Though I wasn't arrested at all will my department take action against me? If yes what could be the penalty.
I am very stressed, facing trial and Fear of departmental actions. Please help me
Anonymous
15 September 2021 at 23:19
There is a provision in law, which says that complainant can not appeal against the order of acquittal in 498a. Can anyone help to provide any reference /citation for this point ?
Ziaur Rahman
05 September 2021 at 12:48
Based on source information, an F.I.R against the unknown person was registered under section 25(IB) r.w 35 Arms Act after the recovery of some arms and ammunition from the corridor of his premises when he was out of town. He was called by the police from another town and arrested in the said case through the FIR was against unknown. After the media trial and the hype in the local newspapers, the accused was granted bail. In West Bengal, as per the criminal amendment, in Arms Act cases within 2 years from the arrest of the accused person, the investigation must be completed. However, the investigation was not completed. He was also not discharged by default after the two years of his arrest and bail by the Magistrate. After about 3 years, the investigation officer submitted a prayer to the Magistrate to permit to continue the investigation and thereby enhanced the period of investigation, which the Magistrate did without informing the accused. After a week, the Investigating Officer submitted a charge sheet. The Charge Sheet has not been served upon the accused till now. I am not going into the merit of the case. Now should the accused file a default discharge application in the same court of Magistrate or should go before the District Judge challenging the illegality against the extension of the time for investigation and his non-discharge by default after completing the statutory period of 2 years from the date of his arrest? Kindly advise.
Ram
04 September 2021 at 21:08
Dear Most Respected Experts,
My wife had filed a maintenance petition u/s 125 CrPC in the year 2007, then we filed a joint memo and we lived together for some time. When quarrel picked up, she filed FIR in the year 2008 u/s 498A & 4 of Dowry Prohibition Act. Then in the year 2009, she filed another maintenance case u/s 125 CrPC.
Now case u/s 498A is going on in court. Allegations mentioned in the maintenance petition in the year 2007 are totally contradicted with FIR filed u/s 498A in the year 2008. At the same time, allegations mentioned in 2009 are also totally contradicted with FIR filed u/s 498A.
I have taken a certified copy of the maintenance petitions (125 CrPC) of 2007 and of 2009.
My Questions:
==========
1) Will the court admit both the maintenance petition (2007 & 2009) as documentary evidence and the judgement will be passed on the contradictions?
Thanks in advance
Ram
sunil
25 August 2021 at 13:08
Dear Panelist,
What are the remedies available in the situation as below:
1. “C” with the help of “A” is trying to take possession of the said room without any order from the Ld. Court(s).
2. What remedies (immediate) are available to “X” to protect his subsisting tenancy and possession of the said room in this Pandemic time when courts are not taking normal hearing and opposite party is getting adjournments without any hearing.
Synopsis
3. “A” become new landlord of the premises incumbent with tenants.
4. “B”, a partnership firm, is the tenant from erstwhile landlord.
5. The rented premises, a room, of “B” is under court receiver in a title suit TS/1 filed by partner “X” against his partner “Y”.
6. “A” issues rent bill to “C”, a new tenant, without taking possession/evicting “B”.
7. “C” files a Title suit TS/2 against “A” & “X” with the aid of trade license (documents) unrelated to said rented premises and obtained an ex parte ad-interim order in his favor.
8. “A” filed a revision petition in HC against “X” & “Y” challenging the lower court’s order in TS/1 directing the Court Receiver to put his lock & Key on the rented premises of “B”.
9. “C” tried to become party in Revision suit but Hon’ble HC rejected his petition on the ground that the documents presented by “C” are not trustworthy.
10. Hon’ble HC modified the lower court order to the extent that after inspection Court Receiver cannot put his lock & Key upon the said room.
11. As such, after the last inspection said room was left open and Partner “X” put his lock & key to symbolically take possession though his formal request filed before the last inspection is pending before the trial court.
12. In Title suit TS/1 there is a stay from HC in a revision suit filed by “Y” upon rejection of his petition under Order 7 Rule 11 of CPC.
13. In Title Suit TS/2, petition under Order 39 Rule 4 of CPC is pending. Petition under Order 7 Rule 11 of CPC and Order 6 Rule 17 CPC are pending for final hearing.
14. NOW,”C” with the help of “A” is trying to take possession of the said room without any order from the Ld. Court(s).
15. What remedies (immediate) are available to “X” to protect his subsisting tenancy and possession of the said room in this Pandemic time when courts are not taking normal hearing and opposite party is getting adjournments without any hearing.
Thanks
Guru
04 July 2021 at 15:44
dear sir/madam ,
1) may I know what acknowledgment I can request for my complaint if police officer do not prefer to Fill FIR .
2) and also sir/madam, please let me know types of registering the complaint in case FIR not filled or preferred and what documents police officers needs to provide to us following complaint registered . Thank you .
abhimanyu
16 December 2020 at 22:55
Section 107 CrPC provides "When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 1 with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit."
Suppose, the surety is to be taken for 8 months by the Court, the period of such 8 months will start from which date:
a) the date on which the accused is summoned to appear before the Court through Notice under Section 111 of CrPC
b) the date on which the accused first time appears in the Court
c) the date on which surety is accepted by the court
d) the date on which order is passed by the Court in this regard
e) any other such date as decided by the Court
May also provide the case law on the issue, in case there is any.
ViGnesh sharma
09 March 2020 at 14:50
Dear Sir,
My brother was a college lecturer in an unaided private polytechnic college run by trust in thane salary issued by the trust , Anti corruption catched him in 2015 on a student complaint of bribe and termed him as public servant (iter lok sevak in marathi). Trial is in the court on the basis of sanction of private college principal as government authorities have denied to give sanction. ACB is showing that the courses conducted by college are controlled by MSBTE( technical examination board) also college students gets financial help aid through college account transfered by government. SO HE IS PUBLIC SERVANT.
my query is 1) BEING A PRIVATE UNAIDED COLLEGE EMPLOYEE HE CAN BE PUBLIC SERVANT.
iF YES UNDER WHICH ACT OR LAW.
2) And if No then please guide us to get him out of this anti corruption illegal case.
thanking you.
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Recording statement u/s161crpc & notice u/s 41a crpc
Respected Panelist,
Can defacto complainant take plea of shoddy investigation and asking for further investigation / private complaint in a situation as under:
Fact of Case in hand:
(a) IO has recorded statement of named accused after 400 days of registration of FIR before final report was forwarded to Magistrate after 600 days?
(b) IO issued notice u/s 41-A CrPC to some of the named accused after 400 days of registration of FIR when Apex court has mandated that notice u/s 41A CrPC should be issued within 15 days which can be extended on the orders of SP upon commencing of Investigation.
Query
(1) Is there any guideline on time-table (within days/weeks) to record statement of named accused u/s 161 CrPC upon commencing of investigation?
(2) What would be termed as un-reasonable delay in recording statement u/s 161 CrPC?
(3) Is this a fit case for further investigation / private complaint when notice u/s 41A CrPC was issued after 400 days of FIR registration?
Looking forward for your valuable guidance.
Thanks