Ashok Kumar
08 September 2024 at 12:34
Respected Law Professionals,
I would like to know whether the personal appearance of the Complainant is required in a Complaint filed u/s 200 CrPC before a Ld. Judicial Magistrate? Kindly specify whether the appearance of the complainant would be required in the pre-trial stage, trial stage, or any specific points in time in either. I have heard conflicting advice from several advocates. Some who say that the personal appearance required for each and every hearing (though exemption applications can be submitted u/s 205 CrPC). Whereas others have informed me that personal appearance is only required for the personal statement and cross-examination (which is to take place twice i.e. at both the pre-trial and trial stages).
I would appreciate a definitive response so that I can understand whether it makes sense to file the Complaint whose jurisdiction is in another state. It seems that it would be a great hindrance to the service of justice if the personal appearance were to be required for each any every hearing - as the Complainant would have to strongly reconsider whether to even file the Complaint due to the severe obstacle/expense of repeated personal appearances.
Note that I have already exhausted the options of filing of Complaint before the police who did not properly investigate the matter and also the filing of an application u/s 156(3) CrPC, which directed the police to reinvestigate the matter, but the outcome was the same.
Thank you in advance for your time and response.
Anonymous
07 September 2024 at 13:09
Dear sirs,
There was a builder who created apartment complex and sold 500 apartments to buyers.
After 30 years these apartments are resold multiple times and now there are 50% first allottes and other 50% are subsequent / second owners.
Now apartment owners have figured out that builder had considered only 40% of the total land while calculating the UDS for the individual apartment at the time of registration but payment was taken considering entire land UDS.
At present builder is ready to correct the UDS abd want to update remaining 60% of thre land in owners by correction deed.
I have following questions ( mainly first one) :
Please respond to question no 1 atleast if you can't reply to all of them
1. Can builder update current owners ( 2nd or subsequent owners) sale deed to add /update UDS Is it acceptable and lawful herd to skip the previous owner ? It will be challenging to bring all previous owners/legal heirs for correction for all the apartments. Is there a legal way/alternate to handle this situation?
2. Do owner need to pay stamp duty on current land rater for increase UDS? as the payment for entire apartment including share in 100% land wad taken by builder from the buyers bu5 he missed to include the correct UDS.
3. Some people want to go ahead and correct their sale deed as they are first owner. Will they get more compensation comapre to people (second/subsequent buyers) who are not able to correct their sale deed?
Thanks for your time and help in advance
Regards,
Hari Konanur
07 September 2024 at 00:17
Namaste sir
I rented to one person a small room on first floor of our house
Now tenant not paid rent past 8 months and on absconding by locking the door
His mobile is not reachable
How to open the door and to let out others
Through some sources i came to know he living at his native by doing agriculture
Now what should i do
Please advise as 11 months agreement also expired
Regards
Narahari
Anonymous
06 September 2024 at 22:30
Hello all respected learned
wife admitted case under section 125 of crpc against husband and from the date of filling the said case she used to live separate from her husband (this duration is approximately 3 years) meanwhile husband and wife entered in compromise by the mutual consent with the permission of the court and started to live with each other on the said condition that if wife wish she will withdraw her case after the one week (next date of hearing ) but when she came before the court after one week she returned at her home of parents saying that harassment is same to same and not interested to live with husband and deserted her husband
after the said incident husband lodged suit for dissolution of marriage under section 13 1 i and other section and for the oppose suit of the husband from the wife side an application came to dismiss suit because she lived for one week hence it is the bar of limitation to file marriage petition
so please refer any judgment in same type case court held that when for compromise basis wife lived with her husband for one week it does not come to perview of constant marriage life
GIRISH AGRAWAL
06 September 2024 at 16:33
Breif of case….
1. May 2009:- In a 14 year old case, a criminal cheated 24 people and absconded.
2. in July 2009-Out of the 24 people, 8 people filed individual complaints filed to police.
3. In July 2009, a crime was registered in the name of 1 victim out of the 8 complainants and the names of the remaining 7 people were added as witness.
4. After this, from Sep 2016 All the 24 people together formed a victim front and kept filing joint complaints of crime in many offices.
5. In the year 2016, the police presented the absconding charge sheet in the court.
6. The criminal was arrested in the year 2017.
7. Currently, start prosecution evidence in case, but only 8 witnesses are mentioned in the witness list as per charge sheet and remaining 16 victims are not recorded in the list.
Query:
1. If the names of the 16 victims are not recorded in the police chargesheet then how will they record their statements in the court under section 164 crpc.
2. If there is any other remedies please tell me..
Thanks
Anonymous
06 September 2024 at 02:12
Batwara kes kiya ja ten sal ho gya ho hm cahte ha jld se jald faesla h
Anonymous
05 September 2024 at 19:58
Sunil Roy, a 22-year-old university student from Kolkata, participated in a peaceful protest for better environmental protection. The protest was non-violent, but Sunil was arrested and charged with sedition under the old laws, which accused him of trying to incite unrest. Sunil was surprised by the charges, as he believed he was just exercising his right to protest peacefully. Sunil’s trial has been going on for some time, causing him to miss classes and exams. His professors and friends support him, saying he’s committed to peaceful activism. However, the prosecution claims that the protest was meant to disrupt public order, justifying the sedition charges. Sunil’s legal team is now asking for the charges to be dropped under the new BSA rules, arguing that he was peacefully protesting and didn’t do anything wrong. Additionally, under the Bhartiya Nyaya Samithi (BNSS), minor offenses like Sunil’s should be resolved within six months to avoid longterm harm to individuals charged with nonviolent acts.
Anonymous
05 September 2024 at 19:50
Priya Mehta, a 38-year-old real estate developer from Mumbai, has been in the business for over 15 years. A few years ago, she was accused of illegally taking over government land and selling it to private buyers for a big profit. The land was supposed to be used for a public housing project, but Priya’s company allegedly falsified documents to make it seem privately owned. As a result, the government filed a case against her under old laws, accusing her of land grabbing and fraud. Priya denies the accusations, saying she bought the land legally and that the issue is due to poor government records. Since the case began, her business has suffered, and she’s lost investors due to the negative publicity. The prosecution argues that Priya’s actions were serious, as the land was meant for public use. Can Priya’s case be reclassified under the new Bhartiya Nyaya Sanhita (BNS) and resolved through a BNSS mediation process? The prosecution insists she should be punished under the old laws, without the benefits of mediation. Should Priya be allowed to settle her case through mediation, or should she face the full force of the traditional trial process?
Anonymous
05 September 2024 at 18:49
(my brother-in-law) Anil Kumar, a 30-year-old accountant, has worked at a construction company in Dehradun for seven years. He is the main provider for his family, which includes his wife, two children, and his elderly parents. Recently, Anil was accused of stealing money from his employer by transferring small amounts over time. The company claims he embezzled a large sum of money over two years, leading to his arrest. Anil says it was a mistake in the accounting software and denies the allegations. Anil was denied bail because, under the old laws, his crime was considered non-bailable. Since his arrest, his family has struggled financially, and his reputation in the community has suffered. Anil has no previous records and he is the sole bread earner of the family. How does the new law impact Anil’s bail application? Can his lawyer convince the judge to release him under the new guidelines, given his nonviolent nature and family responsibilities? What factors must the court consider before deciding on bail under the BSA?
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Regarding noc for flat transfer in up society
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