Anonymous
25 December 2022 at 20:26
I am under trial for an accident case and yesterday in court i denied the allegations and requested for a trial. Court given the date after 3 months for trial to begin.I work in a bank and got transferred to other state which is very far from court jurisdiction. I am planning to hire a new lawyer to fight the case for me during the trial.
1. I cannot come to the court for every date till end of next year. Does court allow my exemption ?
2. Without me, can my lawyer appear on my behalf and conduct the cross examination of the witness?
3. what is the process to exempt myself from personal appearance till end of next year. I can attend the court post november 2023.
4. As i was given bail from court on the same day of arrest. I haven't informed my higher officials regarding this pending accident case. Should i keep quiet or inform them ? if i inform them will i lose my job?
The injured/complainant is got his hand fractured and he is healthy now but seeking more than 10 lakhs to settle outside which i can't afford.
Anonymous
24 December 2022 at 19:30
In a quarrel between neighbours, FIR is launched against my friend's dad who is around 57 years. the contents of FIR has the two house numbers and the address where the quarrel happened. But when the he is called to the court and took the copies, he found that his name is present in chargesheet as A1. He is a government servant and he is worried now. If he wants to travel abroad, do he has to inform in the passport and visa ? or as his name is not there in FIR, he can just omit the fact that he was arrested and later released on bail from the court?
what is the best can be done here, keeping his age and social status and abroad plan.
Anonymous
24 December 2022 at 19:22
As an complainant and eye witness i asked police to take CCTV footage and photographs of accident spot when they recorded my statement. I even visited the accident spot with them and took the photos and a video of complete surrounding area. Now when i took the official chargesheet after 4 months from police station for filing insurance claim, the contents are shocking. They just recorded the oral statements of mine and along with 5 other witnesses who are on the spot. They haven't submitted the photographs nor CCTV footage in the chargesheet and even the sketch of the accident is also wrong.
Now the case is on trial, obviously the accused is benefited from the content of the chargesheet is what i feel and this is something i feel wrong. The injured is dear of mine and is disabled.
1. When the court summon me, can i show the video and photographs of the spot to the judge? if yes, what is the standard procedure without involving police ?
2. Are the images and videos submitted by me as an complainant are admissible in the court of law?
3. Do i need to hire a new lawyer for this process?
Anonymous
23 December 2022 at 20:50
If accused suspension of sentence gets allowed before the appellate court, what remedy does the victim / his family has ?
Anonymous
22 December 2022 at 20:59
I am facing an trial in accident case under sections 279 337 and 338 even though it is not my fault. Trial date is set and is about to begin in next 2 months.
When i got the chargesheet from court. I see there is lot of differences in witness statements and also even they created an fabricated witness which orated a complete different story related to how accident occurred.
Now I have to engage an advocate to face the trial which may take another 2 to 3 years and causes mental stress as i am a government servant.
I saw few options over the internet and found cases are quashed in high court if the merits of chargesheet are challenged.
1. How reliable is this option?
2. Can i engage an advocate and put the chargesheet before the high court and quash it based on witness statements in chargesheet?
3. Should i face the trial in lower court for trial ? It takes another 2 to 3 years.?
Please suggest on what is the best option as it is deciding factor for my career and family.
raju
22 December 2022 at 10:45
Case pertains to sexual assault molestation u/s 345 and 354(B). Police filed cancellation report and court further proceeed u/s 200 as private complaii. The accused very influence and approachable. The woman victim had to travt long distance from other State and there is also apprehension of loss and injury besides victim is unemployed. Please advise if case can be transferred at place of victim and can be applied in person
karthik sivaraj
21 December 2022 at 17:44
Hello experts,
My wife has filed a maintenance case, I assigned lawyer to contest on behalf of me also am currently outside i gave POA to my father to contest until i present.
I filed an objection through the lawyer against petitioner false acquisition, (false statements to be proved), after all this court passed the "Interim order" .
Anyone please advice considering the following scenarios what i have to do further:
1. She claimed 85000 per month, I agreed for my kid maintenance, but interim order is too much which i feel including her maintenance (kid not even started schooling still).
2. She is working since from marriage until today (actually because of this she is not ready to cohabit with me), her false/verbal confirmation is accepted by judge that she is not working, but summon not sending to the concern company to proof. Also all my objections against her false allegations not at all consider by judge.
3. I am also doing private job which is not permanent, in that case how can i take care a person who is not even in communication with me for past 5 years.,
4. I have never seen my kid, and kid never knows i am his dad, the reason they are not allowing me.. Its a clear cut cheating but in all the simply petitioner utilizing the favour of law.
Kid is with her parents only all the way, Instead can anyone tell at least i want to take my kid to my custody?
Regards
Karthikeyan
Anonymous
14 December 2022 at 21:56
You can help me regarding of law practice of junior ship of district & session court in our city
I have also register this website
How can help you tell me about & you have not help me so tell back of feed back
Anonymous
13 December 2022 at 09:53
Before marriage my sister's husband and his parents neither demanded or took dowry directly.
But after marriage when my sister went to their home, they complained a lot about less money spent on marriage and indirectly wanted dowry.
In-laws started misbehaving a lot.
They even brainwashed their son with lies (like she turned on the gas and tried to kill everyone, etc).
From then husband's behavior also changed and he too started having arguments and fights.
She was alone and they all argued with her together.
She was not allowed to go outside alone.
They even took her phone and when my father complained a lot - they returned it.
Meanwhile after the first month of marriage, she became pregnant and even here also they questioned her character by not accepting that its their children and said this children is a bastard (by someone whom she had relation before marriage).
Now based on this false assumption they started misbehaving even more, throughout her pregnancy she was in depression - they shower no love , care or attention, husband only took her to doctors for regular appointment (that's it - nothing else)
Seeing all this my father wanted to bring her back home till delivery of child but they refused and did not agree.
Once they husband came drunk and along with his parents they started having arguments and fights as usual with my sister but this time he became physical (even the mother-in-law got involved)
My father argued a lot and after several arguments his husband assured this wont happen again.
Although it did not happen but other things became even worse - they did not fulfilled any of her basic need/demands except food and water(not of her choice - whatever they gave - she ate it - she wanted good stuff during pregnancy - but they never listened to her)
My father used to recharger her phone for several months.
My father even tried to order stuff online to her address but they refused to take the delivery.
After all this on 7th month, she had a premature delivery - they blaimed my sister for this too
As they did not accept that child - they did not even talked/player with him
My sister requested father to take her back home.
After this finally my father took a flight and brought her back with with his child against will of in-laws.
Now, she's back home
My father wants to file case in court.
Is only divorce lawyer sufficient?
Or do we need to hire more lawyers like criminal layer etc ???
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Can accused be protected under good samaritan law ?
If accused in IPC 338 took the injured to nearest hospital and provided first aid and paid for first aid till the family of the injured comes to the hospital, can the accused be protected under good samaritan law MV ACT 134A and avoid conviction and jail term?
As MV ACT 134A clearly mentions that "such injury or death resulted from the Good Samaritan’s negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance"?
I quote the law below from internet.
1[134A. Protection of Good Samaritans. --(1) A Good Samaritan shall not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle, where such injury or death resulted from the Good Samaritan’s negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance.
(2) The Central Government may by rules provide for the procedure for questioning or examination of the Good Samaritan, disclosure of personal information of the Good Samaritan and such other related matters.
Explanation.--For the purposes of this section, "Good Samaritan" means a person, who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or nonmedical care or assistance at the scene of an accident to the victim or transports such victim to the hospital.]
Please help with understanding as someone's life and career is depended on it and case is registered and facing immense mental pressure and will not repeat such acts in future and ready to help the injured.