Ram
17 August 2018 at 08:01
Dear Experts,
wife filed maintenance case u/s 125 CRPC and chief Judicial majistrate court ordered rs.4000 per month as maintenance.
during the first maintenance case is pending wife filed CIVIL SUIT for maintenance and property attachment. Court ordered rs.10,000 [er month and 3 properties attached.
My question is:
1) Can I file a petition at HIGH COURT, saying that I am ready to pay the order for rs.4000 per month with arrears. and pray high court to CANCEL 2nd maintenance case order which is rs.10000 per month and attachment of properties?
Thanks in Advance experts
RAM, chennai
Anonymous
13 August 2018 at 18:37
Me and my siblings booked under false private complaint of 307,498a and 3&4 of DPA by my exwife. she took ex-parte divorce on same complaint. My siblings got quash in highcourt. In most of the false allegations made in the complaint me and my siblings are jointly involved. now i am pursuing for quash in Highcourt. i am arguing on my own as party-in- person as i have no money and job.The Investigation officer filed chargesheet just appending 161 statements repeating same allegations of the complaint word to word. Further IO not mentioned about crime, just esacaped by appending 161 statements and saying there is prima facie. The another thing is charge sheet is filed after more than a year after complaint. Though first Investigation officer completed investigation of 10 witnesses long back he has not filed charge sheet. later he got transfer and second IO filed charge sheet without mentioning his comments but just saying prima facie hence charge. So the elited advocates please guide to to argue this case-
(1) most of the 161statments are hearsay
(2) Even witnesses condemned that we made attempt to murder(s307)
(3) No scene of offence happened, but to implicate me and my siblings she filed false private case in another town other than her native place with political influence and bribing police
So please guide me to argue to get quash in High court
Anonymous
13 August 2018 at 13:08
Dear Experts,
I am a student of LLB ( Sem-1 ) and college announced Moot Court Competition then please help me in make arguments on behalf of Applicants ( Doctors ) facts case which is as under...
Moot Problem:
IN THE HIGH COURT OF XXXXXX AT XXXXXXX
DISTRICT: XXXXXXX
CRIMINAL APPEAL NO. XYZ OF 2013
1. Dr. Vyomesh Mishra
2. Dr. Kuldeep Singh Appellants
(On. Accused Nos. I & 2)
Vs.
1. Mahesh Pate!
2. State of Gujarat Respondents.
(Resp. No.1 Original Complainant)
Appeal u/s. 374 of the Code of Criminal Procedure against the judgment and order of the Sessions Court passed in Criminal Case No. ABC of 2009 passed on November 10, 2013.
Facts of the Case:
Mr. Mahesh Pate!, original complainant is a government servant having upper middle class background. He was having wife Madhvi, the only son Keval in his small family. His son was studying in the standard-7-at a reputed English Medium School of xxxxx: Keval was considered to be one of the brilliant students of the class and was also a captain at the school football team.
In May 2009, after having returned from the practice of football from the school in vacation Keval began throwing fits and losing consciousness at sudden intervals. Mahesh Patel, immediately consulted Dr. Kuldeep Singh, a reputed neuro-physician at the Longlife Charitable Trust Hospital. The aforesaid hospital is started by xxxxxx Doctors' Welfare Association having sole motto to provide the best treatment to the patients at the reasonable charges. It has its reputation in the entire city for providing the best treatment.
During examination, Dr. Kupdeep Singh diagnosed that Kevel was suffering from epilepsy. Dr. Kuldeep Singh prescribed treatment involving the administration of two wel-known drugs for epilepsy - Zentor and Gardiol - over a course of 8 months. Keval was also advised to discontinue school for a period of 2-3 months during his treatment. But he was keen to attend the classes at his school. Due to continuous insistence of his son, Mr. Mahesh Patel allowed him to go to the school for attending classes. The medicine prescribed to Keval did not serve its object and hence Dr. Kuldeep Singh increased the dosage and frequency of his prescribed drugs. However, the condition if Keval worsened and the frequency of convulsions grew rapid. As a resultant effect, Keval was constrained to proceed on leave from the school from 16th August 2009.
On August 19, 2009, at about 10.30 pm when Keval had his evening dosage of prescribed drug Gardiol, he developed severe convulsions. He lost his consciousness and collapsed on the bed. Mahesh Patel called Dr. Kuldeep Singh at his residence. Dr. Singh expressed his inability to come, but advised to admit Keval to the Longlife Charitable Hospital. By Thllowing the advise of Dr. Singh, Keval was immediately admitted at the Longlife Charitable Hospital by his parents.
At the night of 19th August 2009, Dr. Vyornesh Mishra, a young doctor pursuing his internship at the hospital was on duty. He examined the patient Keval and directed him to be taken to the ICU. Looking to the critical conditions of the patient, the hospital authorities agreed to provide treatment upon signing a consent form stating that the Hospital shall not be responsible in whole or part for any further future consequences if at all developed to the patient Keval during his treatment at the hospital. Desperate to save his son Keval, Mr. Mahesh Patel was constrained to sign the aforesaid consent form of the Hospital.
Before the complainant Mahesh Patel could appraise Dr. Vyomesh Mishra about the previous case history of Keval and the treatment provided to him, Dr. Vyomesh Mishra administered a sedative called Epitaphenol, a sedative given in case of severe epileptic attack After the application of aforesaid medicine, Mahesh Patel saw his son finding difficult to breath and was gasping for breath. Soon he lost his consciousness. Mahesh Patel desperately called Dr. Mishra to examine his son. Dr. Mishra explained him that it was not unconsciousness, but sleep due to sedative medicine. Being dissatisfied with the explanation Mahesh Patel called Dr. Kuldeep Singh at his residence again at 3.30 am on 20th August 2009 and requested him to come to the hospital to examine his son. But Dr. Kuldeep Singh refused and showed his inability.
At 6.00 am on 20th August 2009, Keval expired in the Hospital. The autopsy revealed myocardial infarction as the cause of death. This was a resultant effect of adverse reaction of Epitaphenol drug w4th Gardial, which was prescribed by Dr. Kuldeep Singh.
On 23" August 2009, Mr. Mahesh Patel lodged an FIR in Crime Register No.IIIXXX/2009 at xxxxxxxx againstboth the peseni appellants 'to having: committed offences punishable under Sections 302, 304 and 304-A of the Indian Penal Code. The charge-sheet was filed after investigation by the Officer in charge at xxxxxx Police Station and the magistrate committed the case to the Sessions Court for trial after framing the charges u/s. 302, 304 and 304-A of the Indian Penal Code.
The learned Sessions Judge by his judgment and order found both the accused persons guilty for having committed offences punishable under section 304 part II of the Indian Penal Code and punished them with rigorous imprisonment for 10 years and fine of Rs. 2 lacs each. Being aggrieved by the judgment and order, the accused persons have preferred appeal under section 374 of the Code of Criminal Procedure before the High Court of Gujarat The appeal is admitted.
Simultaneously, Mr. Mahesh Patel, being father of deceased preferred appeal u/s. 372 of.the Code of Criminal Procedure bearing Criminal Appeal No. PQR/ 2007 before the High Court of Gujarat seeking compensation from the above accused persons who are responsible for the unnatural death of his son. The above appeal is also admitted and Hon'ble High Court passed an order to hear both the above appeals together at the final hearing.
Now-both the appeals have come up for the final hearing.
Anonymous
13 August 2018 at 06:45
Hi Sir/Mam,
I am preparing for UPSC.I was acquitted in a criminal case ( ni act 138 ) 2 years ago.Will this affect my application for IAS? Will there be any problem in police verification?
Vivek Kharat
11 August 2018 at 17:38
Please guide me i resident beside the road,few month ago in April three person were drinking liquor i waned and stop them doing so then my father and one unknown person force them to live the place while forcing they don't use any weapon or anything but we decided to complain but we faces such problem daily so didn't complain
but the one of three person filed fir agaist my father and mention one of son in fir they mention that we have given refrigerator for repairing but the owner and his not repair and not giving reff. back and they have bitten the person by hokey stick they have not mention name
we get known from police that they have file fir u/s 324,504,34 even have medical for injury .
now the 4 month have past and police call for bail but many of time we reach the station he was unavailable and unable to support
i want to know the police procedure,time for investigation,and for fake fir and what will the steps future
what should i do
Anonymous
11 August 2018 at 04:40
Hi, x person has a case pending regarding criminal law and he is wondering everywhere and his family dont know where he is. Police wants to find him. He is not present in every call of court. And he has a bail before he left house. But guaranter didnt give any solvancy to court. But guaranter sign his bail. So what can happen next in this case if x person is not found.
Arun Kasturi
09 August 2018 at 22:31
Recently the parliament has passed an amendment to the section 138 of NIA. Which states that the courts may direct the accused to pay an interim compensation of 20%. And the compensation should be paid within the period of 90 days. Now i have some doubts regarding this provision which i want the esteemed lawyers in the forum to help me through.
1, What will happen if the accused to failed to produce the compensation in stipulated time ? because in that amendment there's nothing specific given regarding the course of actions
I will be grateful if you can tell me what should be done from our part if it is exceeding the 90 days and i also wanted to know whether the courts will take any action on him ? if yes then what kind of actions ?
Kavi Kulkarni
02 August 2018 at 20:25
I have a Complaint with regards to a Row House before the Consumer State Commission. In that context, I had obtained a stay from the Commission "Not to sell or create third party rights" from the commission and the OP's were present during the hearing and also gave a verbal undertaking to that effect. No body was occupying the suit premises at that time of stay and neither did the OP's contend to that effect. Few months later, I noticed that the premises was seen to be occupied by a family of 5 (Husband, wife & 3 children). Hence I filed Contempt petition before the Commission for violation of the stay order with photographs and video of the people occupying the suit premises. The OP's firstly took a stand that in their reply to Contempt petition that they do not need anybody's permission to occupy the suit premises. Later, on the date of final arguments they sought time and filed an Affidavit on the next date that the people occupying the premises are the caretakers of the premises. Now my lawyer says that they are protected by the Affidavit and the burden of proof has shifted back on me and I have to bring more evidence or the Contempt petition will be dismissed !
Please guide !
practicing advocate
01 August 2018 at 11:13
Respected Learned Counsel,
One client came across to me and told me that police was refusing to register FIR as the opponent is residing outside the state and the incident took that place only then after approaching higher authority i had suggested to register zero FIR and that was transferred to that particular state and after completing all the procedure of recording statements of my client still the accused was not arrested then i told my client to approach women rights commission of that state and they have ensured my client that they will get her work done now my question is that being a lawyer how i can get this work done so that the accused get arrested.please suggest me with your valuable advice.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Outraging modesty
1. I m a superannuated Army officer.
2. I was waylaid and physically assaulted. I had filed a FIR.
FIR Details
Police Station: JHAJJAR
FIR Number: 504
Year: 2015
I.P.C(Police) 323,341.427,506
3. Case hearing STATE vs MUKESH is under process.State is represented by APP FOR STATE
4. I have been given to understand that MUKESH is planning to accuse me of molesting & may be even his wife, while this case is being heard or thereafter later.
Querries
1. Can this happen in the light of ongoing case preceding his levying intended charges.
2. Do I need to raise some legal defense shields to preclude it before it happens.
3.God forbid if he succeeds in framing a charge then what can be my pray in the court. I fear a NBW may be issued Ab Initio.