False case under dp act

Que.: Under which Section of Law "dowry" case is filed ?

U/s 498-A/504/506/494/354 IPC & Dowry Prohibition Act. Filed in Meerut, UP

1. Yes it will still proceed.
2. The Sections of IPC that you clarified upon asking can never be tried by a Civil Court. It is always tried before a Magistrate Court.

You may have got confused by their charge title (Addl. Civil Judge (Sr.Div.)/ACJM) in reference to context of Judicial Officers in Meerut District Court. Your District tries Criminal Justice (above Section of IPC) matters via Session Courts and there are fourteen additional session courts, eight fast track courts.  

There are the courts of a Chief Judicial Magistrate, Special Chief Judicial Magistrate, eleven Additional Chief Judicial Magistrates and four Judicial Magistrates to deal in criminal cases in your District which also includes above mentioned charge title.
 
If you want I can give you the names of all of them based on which you can tell under whom the case of 'dowry" is running !

Savvy !

 

 

Thank you for the quick reply.

 

Yes, ACJM did get me thinking.

 

A quick clarification: 

A Magistrate Court can be a Civil Court or a Criminal Court? Is it clarified anywhere that the cases under DP Act are tried under the Civil Courts? I have a civil case hearing in the UK and it also involves this case from India. Can be successfully argued through written representations and supported by documentary evidence extracted from the Indian law manuals, that the above are tried in Civil courts and cannot necessarily be termed as Criminal Proceedings? 

 

The dowry case is not of direct interest. However, in-case it can be proved that the Dowry allegations, already termed as false by the family Court Judge, are Civil in nature and do not amount to a criminal offence, it will help to decide the UK case favorably 

 

Thank you.

 

Originally posted by : Yudhbir Singh
	Yes, ACJM did get me thinking XXX XXX I have a civil case hearing in the UK ! and it also involves this case from India. Can be successfully argued ? through written representations and supported by documentary evidence extracted from the Indian law manuals that the above are tried in Civil courts and cannot necessarily be termed as Criminal Proceedings?

I am now speechless want of UK case facts and relations it has to Meerut Family Court Divorce final order r/w Dowry case under IPC pending at Meerut ACJM Court and all these having relations in some civil case pending in UK.

Sometimes due to want of facts queriest mislead their own case before us. Ball is now in your court how and why and when you are able to interpret the above sentence correctly for your own needed remedy as to what remedy read with where you representation; UK or Meerut and what are the complete facts one may give further glimpse! 

 

 

 

I have a habit of leaving a lot of people speechless! 

I have read some of your posts on this forum and have formed an opinion that you are good at what you do. I have No Law / Legal background. I have been successfully working with Immigration cases in UK, Canada and NZ for the last 12 years. On an average, I do about 20-25 UK Immigration cases per year. I suppose a good lawyer / representative can always successfully represent a point even if there is a minimal possibility of a representation. 

About the UK Case, the Immigration petition was refused, reason being that at the time of submitting the application, as required, details of any pending criminal proceedings were not disclosed. This was an oversight by the applicant beliving that since the judge in the Family court had termed the dowry charges as false; he may omit mentioning the case altogether. However, the Immigration Office, during routine checks, became aware of the pending dowry case and termed it as pending Criminal proceedings. There were a few other points relating to the UK Immigration law, but they have been worked upon and taken care off. 

I wanted to know if such dowry cases are tried in Civil Courts? If yes, then for that matter if a case is tried in a Civil court, can it be necessarily termed as Criminal Proceeding? The applicant is now automatically banned from entering UK for 10 years. His second wife is a resident in UK and he is stuck in India due to this error. 

The case is listed for hearing next month (in UK) and I wanted a professional to work on this Dowry / Criminal proceeding part.

Can you also please explain what is the difference between criminal charge / case and a civil charge / case under IPC?

I look forward to your reply.

Thank you.

Correction: Please read Magistrate court in place of Civil court. "I wanted to know if such dowry cases are tried in Civil Courts? If yes, then for that matter if a case is tried in a Civil court, can it be necessarily termed as Criminal Proceeding?"

he he well taken your openning line, the clarification is simple to answer with Common Law Published facts to once staisfaction now that we know we are dealing here with fellow 'professionals'...............

That is a interesting cash cow emergence as being fellow professional I recollect yesterday mentioning somewhere here in the very forum "it is now time for conversion of legal forum enquires into paid consultation work" to some other queriest query and same yardstick applies here !.

Now with above quote I just opened my professional tools of the trade, does that mean someonce time has come to be speechless now ? J