Is he eligible to write jcj exam (andhra pradesh)
sudhir pydi
(Querist) 14 December 2012
This query is : Resolved
Hello everyone - I'm writing on behalf of my friend who wishes to write junior civil judge exam(andhra pradesh), My friend was convicted of a crime he didn't commit (under section 498 a). the dispute was settled in lokadalat. is he eligible to write jcj exam?&
was it comes under moral turpitude(498a)
Raj Kumar Makkad
(Expert) 14 December 2012
If the compromise has taken place and your friend has duly been acquitted from the charges/case then no question arises to restrict him to appear in the said exam. No question of moral turpitude arises in this matter if he was acquitted without any doubt.
sudhir pydi
(Querist) 15 December 2012
thank u very much sir....
prabhakar singh
(Expert) 15 December 2012
When the dispute was settled in lokadalat and your friend was acquitted then why you call him convicted ( "My friend was convicted of a crime he didn't commit (under section 498 a). )"
The offence of 498A does involve moral turpitude if some one gets convicted and is found guilty by the court.
There would be column in the form in which your friend must fill the entire information of the case.
ajay sethi
(Expert) 15 December 2012
agree with experts
Sudhir Kumar, Advocate
(Expert) 15 December 2012
When the offense of moral turpitude is involved then even acquittal on technical ground may pose hurdles in appointment to the post of Peon.
Please come forward with full facts whether it is (i) compounding (ii) conviction (iii) acquittal on merits (iv) acquittal on technical ground
sudhir pydi
(Querist) 16 December 2012
sir,
This is the award given in my friends case,which I have mentioned in the earlier query...(498a)
AWARD UNDER SECTION 21 OF THE LEGAL SERVICES AUTHORITIES ACT,1987
Whereas both parties to the suit agreed before lok adalat for a compromise in the matter after negotiation, conciliation and discussion on the terms mentioned below:-
TERMS OF COMPROMISE
1. Both parties are agreed to dissolve the marriage held on 24-06-98 at -------as per hindu caste custom by decree of divorce.
2. The respondent agreed to withdraw HMOP 60/2007 on the file of additional senior civil judge court, -------
3. Petitioner agreed to withdraw the cc No.375/2008 pending on the file of II Addl Metropolitan magistrate at------- against the respondent and his family members.
4. Both parties are at liberty to marry again as for their choice and neither of the party shall not interfere in any manner with their future marital life.
5. Both parties are agreed each of them have no claims against each other in respect of their marital lives and their properties.
Ravikant Soni
(Expert) 17 December 2012
498a is non compoundable offence, hence no lok adalat has jurisdiction to dispose it on compromise between the parties.
May be possible that author's friend has pleaded guilty and the court has conviced him and leave him on probation.
It appears from above mentioned award that it is not passed in a criminal case. And moreso the criminal comlaint wasnpending in another court.
Sudhir Kumar, Advocate
(Expert) 17 December 2012
agreed with Mr Soni I would add that it is the language of the court order (criminal court) which will decide. The querist is now aware of the full facts but the prosecuting thana will have a copy of the order.
Raj Kumar Makkad
(Expert) 17 December 2012
Until full facts are not posted, we have to reply on assumptions and presumptions which has nothing to do with real problem.
