Rekha.....
19 August 2008 at 14:18
Dear Sir/ Mam
I hv asked advise on 08/08/2008 from u for Complaints filled u/s125crpc and IPCu /s498.( Under the Subject Defence for Crpc Sec125 and IPC 498)
With all due respect I asked advise for the complaints filled under sec 125 crpc and 498 of IPC.U advised me to give full details of the facts so I m giving u the facts of the case in nutshell………The applicant stated in her application under 125Crpc that she is legally married wife of the opponent and her marriage performed accourding to Hindu rites on 9/12/2005 and marriage registered at the Registrar office of the Gandevi( name of Taluka) on 13/01/2006.Further She stated that she requested the opponent that she is willing to stay in joint family of the opponent. On 20/1/2006 she accopnied by the opponent to live in Bhanuwilla apartment (the residence of the opponent) at Valsad( District in south Gujarat). The opponent took her at the Hotel named Bhagyoday at Pardi( Taluka ) for a night stay and next day morning responded refused her to take to his residence at valsad and left her alone. The applicant further stated in the said application that when she reached her own at Bhanuwilla apartment (the residence of the opp.) in-laws demanded Rs. 1,00 000=00 from her as dowry and she refused to do so and In-laws physically harassed her and threatened to kill her and pushed her out of the residence and informed her that their son is going to marry NRI girl. The applicant further alleged that in- laws did not return her the photographs and certificate of marriage informing her that it is not with them but it is in Dharampur( taluka). They took her in the car with them to get her marriage certificate from Dharmpur. When they were in the middle of the Dharampur way In-laws stopped the car and pushed her out and abused her and slapped her. The applicant lodged the complaint U/IPC sec.498( C ),323,506(2) and 114 with the Valsad Police Station. As she attempted suicide and lodged the complaint U/IPC Sec 507 in Valsad Railway Police Station as she is residing with her parents in Railway Colony. The Opp. now released on a bail against the complaint of Sec 507.( pending)
All these facts r mentioned in the Application before the Hon’ble Railway JMFC at Surat.
Meanwhile she filed application for interim maintenance and Hon’ble court has allowed Rs.500 till the final judgment of the case.
She has also filed the complaint under Domestic Violence Act 2005 Hon’ble Court at Vapi and the complaint was dismissed on 15/05/2007 and she appealed the said order in the Hon’ble Court of Valsad District And Sessions Judge.( pending)
She has also filed the complaint U/IPC Sec. 229(a) and U/IPC Sec 507 before the Railway JMFC at Surat.( both r pending).
SHE has produced the following documents: 1)list telephone numbers on which threats given to her2)receipt of Hotel Bhagyoday 3)Memorandum of Marriage- in this names of the applicant and opponent are typed but Signatures are not there or not obtained only the Priest’s signature is there or obtained. Even the Signature of Registrar is also not on the form, No photos.
NOW WE have taken the defense in our every reply that the marriage has not at all performed and denied all allegations. Now on 26/08/2008 We hv to crossexamine the Registrar of the Marriage.
V r the group of Juniors Hiren Modi, Rekha Halpati , Neeta Prajapati,Rekha Mehta. Please Sir/Mam guide us in which type of questions V should ask. Please suggest the questions. Thank u very much. Anything more information required pl. inform us.
( The applicant is also a lawyer but now not practicing. She is hving 3 years of experience)
Shree.
19 August 2008 at 12:13
I have a doubt its regarding traffic law
If a person is caught for over speeding and if he don't have money at that particular time to pay the fine is it legally permitted to get the charge sheet from the traffic police and can we pay it in the near by court after some time.
And in the mean time can we have our vehicle with us or the vehicle needs to be handed over to the police till we pay the fine . Could u kindly clarify me regarding this what does our law say with respect to this matter.
vinod bansal
18 August 2008 at 16:32
An order Under section 319 CrPC is An interloctury order or not.Secondlly whether a revision against order under section 319 CrPc lies or not.Plz enlighten Thanks
bs
18 August 2008 at 11:30
Sir,
My marriage was arranged by my husband's family without my family or anyone else in June 2004. I have a boy baby of 3 yrs 6 months. He and his family continuously tortured me for bringing wealth from my family. My husband started advertising in matrimonial websites for his marriage within 5 months of our marriage. My in-laws didnot bother anything about it. His behavior was very different and only last year, I came to know that he was arrested in his native and kept in jail for around 9 days and all dailies published the news. The girl who lodged police complaint has given an exclusive interview in a popular tamil magazine.As I reside in Bangalore, I was unaware of all these. I was shocked to hear this as neither he nor his parents and the only sister hidden this fact from me for more than 3 years. Last year, he disserted me and my kid.I tried all means to get in touch with my husband. But his parents and sister demanded huge sum from me if I had to talk to my husband. I had no other go but to lodge a complaint in bangalore police statiion stating Dissertion, Dowry Harrassment and Cheating.
Now he is only appearing in the court here.His family members not appearing and claim for exemption from personal exemption on medical grounds and travelling distance. They are not ready to bear the responsibility of sheltering and protecting me and my kid.
Through their counesl, they compel me to withdraw the case if to find any solution to the problem. Please suggest me how to make my family life continue free of troubles.
Verma d. Ashish
18 August 2008 at 07:27
the fact of the casr are:
STATEMENT OF FACTS GIVING RISE TO THIS APPEAL ARE THAT:
# Gurdip singh and Sohan singh were step brothers and the equal partition of their agricultural land was done by their father Murta singh 10 years ago in Delhi.
# Murta singh lived with Sohan singh since the partition leading to the dissatisfaction of Gurdip singh on being treated unequally.
# Gurdip singh was a night guard in a bank but their main occupation was agriculture and the irrigation was done from a common well which remained the bone of contention between the two step brothers.
# On the day of the incidence, Gurdip singh at about noon came and asked for the water for the irrigation of his field which was declined by Sohan singh which led to the heated arguments between the two brothers.”
# Murta singh was present there and he took the side of Sohan singh,Then sohan singh uttered “ you son of a concubine”,"GO AWAY" on hearing this Gurdeep singh left the field and returned along with Santok singh who was a colleague in his bank. Gurdip singh came with his licensed .303 rifle and fired one shot from a close range with his rifle hitting sohan singh on his right knee and a second shot on his biceps of left arm. Gurdip singh left the field and sohan singh was taken to the hospital. He died on the way due to excessive bleeding.
Trial and sessions judge convicted Gurdip singh under section 302 of the Indian penal code and Santok singh under section 302 read with 34 of the Indian penal code.
KIndly guide the best possible solution for the defence....and also some recent supreme court decisions.
regards
Verma d. Ashish
17 August 2008 at 14:45
how important is the word "sudden" in the grave and sudden provocation..what can we do in case if the accused went off to bring his rifle on being provocked and shoots the deceased twice who died due to excessive bleeding in his way to the hospital.the first shot was made with a close range on the right knee and the second on the bicep's of the left arm..and accused left the field..the acuused was the professsional night guard in the bank..please guide if there is any scope to prove that the accused lost his self-control and took the step.its a case of appeal in the high court against the conviction passed by trial and sessions judge under sec 302 of the indian penel code.
ANURAG
16 August 2008 at 16:14
1.>what is the extent of the limitation of the word "sudden" in the section 335 and 334 of the ipc that is grave and sudden provocation leading to death of the deceased.
2.>acc to sec 300(3) of the IPC that the bodily injury shud be sufficient i ordinary course of nature to cause death. on what grounds or evidence can the word "sufficient" be proved.
3.>how one accussed can get the benefit of doubt if he has caused bodily injured that is shooting someone twice, the provocation being grave but not sudden in this case as the accussed went off to bring his gun and came along with a colleague .
Shekhar
16 August 2008 at 13:11
Pls. share the various way through to get the complaint copy from the police station ?
smith sharma
14 August 2008 at 18:46
Respected members,
pls guide me abt crime conclusion.It's urgent pls.
thanx
with regards
Mis. Smith Sharma
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to mr. Manish
Hello
could you provide me with any alternative then??how to save the case as a defendent.