Saachi Khurana | Legistify

Saachi Khurana
Answered on 18 Sep 2019

If the court has given the order in a case under Section 323, 504 and 506 of the IPC to a person for not meeting his children, then only the police has complete right to stop the accused for meeting his children.Read More

Posted on 13 Sep 2019 | 1 Answer

Aditya Dua | Legistify

Aditya Dua
Answered on 14 Sep 2019

These days, the courts are very strict and do not allow a complainant to withdraw a case with heinous charges as that of rape etc. There is a very bleak chance that in view of a genuine reason for withdrawal, the court may allow you to withdraw the case. There is no guarantee though. In fact, in certain cases, the court goes on to fine you or in a rare case may even put you in imprisonment for filing a frivolous case. so choose your lawyer wisely, one with a face value and credible repute before the judges. FIR can be quashed by approaching the HC by filing a quashing petition u/s 482 CrPc. Rape cases are not quashed in Delhi HC, as seen as a matter of practice. I suggest you don't try a quashing and let the matter proceed. when the case reaches the stage of evidence, the complainant may give a contrary statement from the FIR. On the ground of the witness becoming hostile, the Court will acquit the accused of all charges.Read More

Posted on 12 Sep 2019 | 2 Answers

Advocate J C Vashista | Legistify

Advocate J C Vashista
Answered on 08 Sep 2019

Get your NBWs canceled to avoid further legal complications, which cannot be avoided on the grounds of the fault of an advocate.Read More

Posted on 03 Aug 2019 | 2 Answers

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 31 Aug 2019

Yes, if matter got resolved by the complainant then he can withdraw the same. But if there are some serious allegations mention, then it's a total discretion of the Court and it may take a suo moto action in that scenario.Read More

Posted on 27 Aug 2019 | 2 Answers

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 27 Aug 2019

 As per my knowledge, there are no legal alternatives for pursuing criminal contempt against the opposite party. However, there are defences which you can take for criminal contempt i.e. Innocent publication and distribution of matter. A fair and accurate report of judicial proceedings, fair criticism of the judicial act, bonafide complain against the presiding officer of a subordinate court, no substantial interference with due course of justice, justification by the truth, the statement complained of is open to different interpretations, Defamation of the judge personally.Read More

Posted on 26 Aug 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 16 Aug 2019

In criminal contexts, legal remedies for emotional abuse may include the issuing of a restraining order against the victim’s abuser or jail time for the abuser. Restraining orders are often issued in cases where emotional abuse is accompanied by physical violence. Courts generally look at the totality of the circumstances when determining legal remedies for criminal emotional abuse cases. You can consult a criminal lawyer to get a restraining order against your father. In the civil context, emotional abuse often results in a damages award for the victim, which seeks to compensate the victim for their losses. This means that the victim will often be granted damages for expenses such as therapy sessions, medical costs, or time missed from work. Further, in family law cases, emotional abuse may be a determining factor in matters involving child custody, child support, and visitation times.Read More

Posted on 11 Aug 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 09 Aug 2019

Yes, you can file a civil or criminal case after reply to the legal notice If the noticee is not complying with commitments which were made by him or when the stipulated time lapses. You can consult a criminal lawyer to file a criminal case against the person.Read More

Posted on 05 Aug 2019 | 1 Answer

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 05 Aug 2019

Yes, as per the Indian Penal Code Section 166,  a Public servant disobeying the law, with intent to cause injury to any person is liable for the punishment mentioned in the Act. Section 166 of the IPC states that : Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.Read More

Posted on 31 Jul 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 04 Aug 2019

In most motor vehicle accidents, the negligent driver is the one held liable for any injuries or harm caused. However, in certain situations, the law can attribute fault to the owner of the car instead. It is advised to consult a motor vehicle case lawyer to get a clear picture of your matter.Read More

Posted on 01 Aug 2019 | 1 Answer

Aditya Dua | Legistify

Aditya Dua
Answered on 02 Aug 2019

Yes, there is a legal remedy, you can lodge an FIR against such person and you can also send him the legal notice regarding this matter stating the consequences if he doesn't stop blackmailing. READ: Blackmail: Is It Really a Crime? You can consult our top legal experts in India who will help and advise you how to proceed further with your matter.Read More

Posted on 29 Jul 2019 | 1 Answer