The Importance of Statement of Witnesses in 498a Acquittal.

When Police investigates 498a cases. The Statements of all the witnesses are important and it gets recorded under 161 CrPC and becomes part of chargesheet.

CrPC 161 says:

 Examination of witnesses by police.(1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.(2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.(3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records.

161 CrPC and Acquittal

Now the importance of 161 CrPC is that it can be used for contradiction. When police witnesses come too the court for Statements under Oath.

Now there are two ways to show contradiction

The portion of statement which is about to use for contradiction first brought to the notice of witness, and should be questioned about it. If the witness admits that he made said statements before police then no further proof is needed. But if witness denies that he made confronting statements that he did not make before police then, comes the role of contradiction, court is bound to note the said statements and give exhibit number. By that process contradiction merely brought on record but those are subject to proof. It is said to be proved if investigating officer who recorded statement is confronted with the said statement asking whether witness stated about passage beofre him or not. If he gives affirmative answer, then the said contradiction said to be proved. In a case reported in AIR 1958 Bom 225, Syyed Husan Vs State, their lordship held that the correct way and the proper way of proving a contradiction or omission is to ask the investigating officer (SI) about it in his evidence, as to whether a certain statement was made before him by a witness. If such a procedure is not adopted, it cannot be said that there was proof that in fact the statement concerned was not made by the witness. It is for the trial judge to decide in each case, after comparing the part or parts of the statement recordedby the police with that made in the witness box, to give a ruling having regard to the aforesaid principles whether the recital intended to be used for contradiction satisfies the requirements of law.

How to Fight False 498a-Get out of it Fast

How to Fight False 498a-A complete Guide

498a is filed by wife just to harass you.

False 498a cases are very common in the society and lot of steps has been taken by Hon’ble Apex court also to prevent its misuse. Quashing of false 498a is possible but first you need to know the reason for false 498a

These days false 498a cases gropes all the relatives father, mother sister who may be staying away from the matrimonial home still they become party to 498a.

Here are the reasons wife has filed false 498a cases on your family.

Image result for false 498a

1.Money

Your wife may be after your money wants to harass you and your family in false 498a cases. Because mental harassment can cause you settle at a very handsome amount.

2.You refused to give her divorce

If you have refused to give him/her divorce then you may definitely face proceedings under false 498a and 406 and now 377 IPC are common.

 3. Pressure from her relatives

Matrimonial discords are common in marriages sometimes relatives make it a bigger issue. Negative relatives can lead to false 498a cases.

4. She has an affair

if wife having an affair somewhere else and you got to know then also wife can put these  false cases for only reason called harassment so that you may not be able prosecute her for adultery.

What happens in false 498a cases

Police calls in false 498a cases

You receive a call from the police station and on the other line there is an Investigating officer is on the  other side of the line.For one moment panic strikes you and you come to know that your wife has lodged a false 498a case against you and your family.

The Io asks you to visit police station so called CAW cell.

When you go and visit CAW cell harassment starts poring in the IO and other mediators starts pressurizing you to settle the matter. You gain strength and refuse to settle the matter and comes back to your home.

Then again you receive the call from the CAW cell to come and join then again then again….

Reasons for harrasment

These calls from CAW cell are against the law and just meant to harass you. Even if you join the mediation  process and attend N number of dates present defence evidence to the IO. Still the CAW complaint gets converted into FIR and these calls fails to stop…

The reason for such calls is done with clear motive of harassment and put pressure to settle the issue with estranged wife and if you fail to settle then FIR is converted.

How to deal with police harassment.

As per the Delhi High Court Judgement they have prescribed certain guidelines which is envisaged under Section 41A of CrPC that a written notice with prescribed format has to be sent to the accused while summoning him to appear before IO. So if IO calls the accused i.e husband and relatives of the husband by making a mobile call that is impermissible as per law.

Anticipatory bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Judgement on 41A by Delhi High Court

(i) Police officers should be mandatorily required to issue notices under Section 41A Cr.P.C (in the prescribed format) formally to be served in the manner and in accordance with the terms of the provisions contained in Chapter VI of the Code. Model…

http://www.livelaw.in/delhi-hc-lays-procedure-issuance-notice-appearance-police-officers-u-s-41a-cr-p-c-read-judgment/

Dismissal of false 498a cases(Quashing)

Quash false  -Vague allegations in Fir

Quash false 498a -Vague allegations in Fir The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.

Stages of 498a

Chargesheet Stage in 498a and Framing of charge as well as Discharge.

After completion of investigation police will file charge sheet at this stage evidence of the police has to be seen. If there is no evidence or contradictory evidence then you can seek discharge.

Argument on discharge is an important stage in fighting false 498a.

If there is no statements of witnesses or no medical evidence then you may argue on discharge.

Prosecution Evidence and Defence Evidence as well as Cross examination

Evidence-based prosecution’ (sometimes termed “victimless prosecution”) refers to a collection of techniques utilized by prosecutors in domestic violence cases to convict abusers without the cooperation of an alleged victim. It is widely practiced within the American legal system by specialized prosecutors and state’s attorneys and relies on utilizing a variety of evidence to prove the guilt of an abuser with limited or adverse participation by the abuser’s victim, or even no participation at all.

Cross-examination of a person called to produce a document (S. 139):

A person summoned to produce a document does not become a witness, by the mere fact that he produces it, and cannot be cross-examined, unless and until he is called as a witness.

A witness summoned merely to produce a document does not become a witness for purposes of cross-examination, since he may either attend the Court personally or may even depute any person to produce the document in Court.

A witness may be cross-examined as to previous statements made by him in writing (or reduced into writing), and relevant to matters in question, without such writing being shown to him, or being proved. However, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.

Final Arguments and Judgement Stage

concluding statement of each party’s counsel reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evidence. A closing argument may not contain any new information and may only use evidence introduced at trial. It is not customary to raise objections during closing arguments, except for egregious behavior.[1] However, such objections, when made, can prove critical later in order to preserve appellate issues.

What can I do against wife after I get acquittal in false 498a case?झूठे 498a मामले में बरी होने के बाद मैं पत्नी के खिलाफ क्या कर सकता हूं?

Whenever a false case is filed against the husband and his family members. All the family members and the husband suffer for many Years in litigating in courts which only brings harrasment to the husband and the family members.

What is the solution after getting Acquittal or discharge in false 498a case?

If the case ends up in either bdischarge or acquittal in false 498a. What the husband family can do against wife/complainant this comes into mind in every harassed family.

Here comes two sections of the IPC to help you, one is IPC 182 and 211 IPC.

Sec. 182 prescribes a punishment for six months and fine in case any person gives false information to a public servant, on the basis of which the public servant takes certain action which he might not have taken if he had known the true state of facts. On the other hand, u/s 211, there is an ono use of the term ‘public servant’. As per this provision, any person who institutes or causes to be instituted any criminal proceedings against a person to cause him injury, knowing that the complaint and allegations are false, is liable to face imprisonment for a period which may extend to two years. Further, if the charge alleged discloses an offence which is punishable by death, or a minimum imprisonment for seven years, is punishable with imprisonment for a maximum period of 7 years.

Procedure for initiating Criminal Action?

In the cases of 182 IPC in which the false information is given to police. Then in that case that police office can write a complaint and forward it to concerned senior officer. Who than forward a formal complaint to the court which than initiate proceedings under 182 IPC

In the cases of 211 wherein the case is already pending against the accused person in court. Than in that case the court in which trial was running A application under section 340 CrPC is filed and then court initiates further action under 211 IPC.

Conclusion

Initiating proceedings under 211 IPC and 182 IPC will put pressure on the other side and will help in fighting and solving matrimonial issues by way of informal settlement.

If You are convicted for any offence use this..Probation of offenders Act-1958

Prohibition Of Offenders Act 1958

  1. This Act was made in the result of the recommendations of the jail committee the government of India decided to have a comprehensive legislation on probation law in India.
  2. This Act also provide the special relief to the offender under 21 years of age.
  3. In this Act under section 3 of this act any person who found guilty of committed an offence punishable under section 379(Punishment of Theft), 380(Theft in dwelling house),381(Theft by Clerk or servant of property in possession of master) or section 404(Dishonest misappropriation of property possessed by deceased person at the time of his death),420(cheating and dishonestly including delivery of property) of Indian Penal Code.   The Act provides the freedom to Court to vary the conditions of bond when an offender is released on probation of good conduct and to extend the period of probation not to exceed three years from the date of original order.    
  4. There is also mentioned under the section 6 of this Act that any person who is under 21 years old get relief under this section where the person is not committing any petty offence and the term is IMPRIOSNMENT FOR LIFE   is not used.

JUDGMENET ON 420,120B

 
 
THE HIGH COURT OF JUDICATURE FOR RAJASTHAN 

JAIPUR BENCH, JAIPUR

ORDER

SB Criminal Revision Petition No. 88/1999

Durga Prasad Jain versus State of Rajasthan 

15.1.2013

HON’BLE MR. JUSTICE MN BHANDARI

Vide separate order on the point of sentence, convict is benefit of Probation is granted to the convict u/sec. 4 of Probation of Offender’s Act subject to his furnishing bond of good behaviour and maintaining peace, for sum of Rs.30,000/­ with one surety in the like amount for the period of two years. No order as to fine. Further Rs.1,10,000/­(Rupees One lac ten thousand) as compensation is awarded in faovur of the complainant which has to be paid within one month failing which he shall under go simple imprisonment for 2 years and compensation shall be recovered as revenue of State.

Convict is directed to appear before Probation Officer at least once in every two months or as and when directed. He is also directed to maintain peace and be of good behaviour during probation period. Convict furnished personal bond, same are accepted. Copy of judgment and order on the point of sentence be given to the convict free of cost. File be consigned to record room after all necessary compliance.

How to get Your Money Stuck in Builder Flats Fast? Approach NCLT The Recent Trend.

This the best way to get your hard earned money stuck in Builder Projects Fast..

Approach NCLT

Under the recent Insolvency and Bankruptcy code the common Home buyers are also Financial Creditors under the new amend in the Insolvency and Bankruptcy code.


Even one homebuyer can drag an errant builder into the National Company Law Tribunal (NCLT)

The Recent Case of Granite Gate Properties…

The National Company Law Tribunal (NCLT) gave nod to start insolvency proceedings against NCR-based real estate firm Granite Gate Properties, after homebuyers complained about the firm’s inability to complete the project. 

Admitting the plea of three homebuyers, a two-member bench headed by NCLT President Justice M M Kumar allowed the insolvency plea against Granite Gate Properties, which is developing housing project Lotus Panache in Noida. 

The Objective is to Settle Fast…

What happened in Granite Gate is unfortunate. The whole object is to approach NCLT and settle the matter before the insolvency. Because builder cannot afford to go into insolvency due to one home buyer.

Watch This Video

NCLT-A new and Fast way

Advocate Nitish Banka

[email protected] 9891549997 or Watsapp

Expert in Builder Disputes

How to prosecute Wife for giving false evidence in court?(340 Crpc)

Section 340 Crpc deals with the procedure adopted by the court to punish those person who leads false evidence on material facts.

In matrimonial cases generally it has been observed that wife gives false evidence to prosecute the husband and in cases such as 498a it is observed that wife generally use every means to harass the victims of 498a i.e the husband side.

So here are some of the successful cases which were initiated by husband side to prosecute their wives for giving false evidence in the court.

In
Smt. Veena vs Jagdish Parshad 

In her testimony, recorded on 12.02.04, Veena testified that she was not working anywhere after her marriage. She was not working till that day anywhere from the date, when she was kicked out of her matrimonial home. She entered the witness box on 07.04.04 for her cross­ examination, wherein she testified that since after coming to her parental home, she was not doing any job. She was having one bank account in Co­operative Bank. She denied the suggestion that she worked with ­4­ Tirath Ram Charitable Hospital, Rajpur Road, Delhi. She further denied the suggestion that she was holding bank account No. 4277991 in Punjab National Bank. She was further cross­examined on 06.05.04, wherein she denied that she was earning sufficiently to maintain herself. When respondent was given an opportunity to rebut facts, he could bring it over the record that she worked with Tirath Ram Hospital from 01.06.01 till 10.06.02. It was further proved that she was maintaining a bank account at Punjab National Bank, wherein her salary from the said hospital was being encashed. When these facts came over record, respondent moved an application under section 340 of the Code before the Trial Court to get her prosecuted. Trial Court had not conducted an inquiry, as contemplated by section 340 of the Code, but recorded findings against the appellant, vide order dated 09.09.05 detailing therein that she committed an offence punishable under section 193 of the Penal Code.

Image result for 340 crpc

At the conclusion of inquiry, the Court has to give finding after application of its mind that it is expedient in the interest of justice to file a complaint under section 195 of the Code and only thereafter complaint would be legal. Opinion or satisfaction contemplated under section 340 of the Code is objective and not subjective one and should be reflected in findings recorded or order passed by the Court. Section 340 of the Code specifically enjoins that Court “shall record findings to that effect”, which means that it is expedient in the interest of justice that inquiry should be made. Provision is not merely peremptory, but mandatory and it is a condition precedent for preferring a complaint before the Magistrate. The phrase that “it is expedient in the interest of justice that an enquiry should be made” is the keynote of the section to initiate an action. Law to this effect was laid in Arul Raj (1996 Cr.L.J. 2712) and Nimmayankula Audi Narayannya (AIR 1970 AP 119).

Advocate Nitish Banka

lexspeak.in

[email protected]

How You can Quash 498a against Your Relatives.

Is Your relatives are Victim of False 498a case?


Quash 498a -Vague allegations in Fir The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.

Quashing false 498a is a technique and depends on following conditions


 

A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed.

If a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement

354 ipc
SAVE YEARS IN LITIGATION BY QUASHIN FALSE 498A

 

In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings.

(i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction;

ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged;

(iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings. A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence.

 

It is held in Vishalbhai Niranjanbhai Adatiya … vs State Of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern

Advocate Nitish banka 498a Quash Expert-:

Advocate Nitish Banka is a 498a Quashing expert 

Call  or watsapp @9891549997

How to Fight False 498a-A complete Guide

498a is filed by wife just to harass you.

False 498a cases are very common in the society and lot of steps has been taken by Hon’ble Apex court also to prevent its misuse. Quashing of false 498a is possible but first you need to know the reason for false 498a

These days false 498a cases gropes all the relatives father, mother sister who may be staying away from the matrimonial home still they become party to 498a.

Here are the reasons wife has filed false 498a cases on your family.

Image result for false 498a

1.Money

Your wife may be after your money wants to harass you and your family in false 498a cases. Because mental harassment can cause you settle at a very handsome amount.

2.You refused to give her divorce

If you have refused to give him/her divorce then you may definitely face proceedings under false 498a and 406 and now 377 IPC are common.

 3. Pressure from her relatives

Matrimonial discords are common in marriages sometimes relatives make it a bigger issue. Negative relatives can lead to false 498a cases.

4. She has an affair

if wife having an affair somewhere else and you got to know then also wife can put these  false cases for only reason called harassment so that you may not be able prosecute her for adultery.

What happens in false 498a cases

Police calls in false 498a cases

You receive a call from the police station and on the other line there is an Investigating officer is on the  other side of the line.For one moment panic strikes you and you come to know that your wife has lodged a false 498a case against you and your family.

The Io asks you to visit police station so called CAW cell.

When you go and visit CAW cell harassment starts poring in the IO and other mediators starts pressurizing you to settle the matter. You gain strength and refuse to settle the matter and comes back to your home.

Then again you receive the call from the CAW cell to come and join then again then again….

Reasons for harrasment

These calls from CAW cell are against the law and just meant to harass you. Even if you join the mediation  process and attend N number of dates present defence evidence to the IO. Still the CAW complaint gets converted into FIR and these calls fails to stop…

The reason for such calls is done with clear motive of harassment and put pressure to settle the issue with estranged wife and if you fail to settle then FIR is converted.

How to deal with police harassment.

As per the Delhi High Court Judgement they have prescribed certain guidelines which is envisaged under Section 41A of CrPC that a written notice with prescribed format has to be sent to the accused while summoning him to appear before IO. So if IO calls the accused i.e husband and relatives of the husband by making a mobile call that is impermissible as per law.

Anticipatory bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Judgement on 41A by Delhi High Court

(i) Police officers should be mandatorily required to issue notices under Section 41A Cr.P.C (in the prescribed format) formally to be served in the manner and in accordance with the terms of the provisions contained in Chapter VI of the Code. Model…

Recent Case

 

In the Recent case of Saroj Devi V. State of Delhi NCT. Advocate Nitish Banka helped Sh. Birendra Prasad in quashing his case which his daughter in law has lodged.

Sh. Nitish Banka was able to secure favorable order from Hon’ble Supreme Court of India

Challenges for home buyers approaching against builder at NCLT Insolvency

Amendment in insolvency and bankruptcy code and home buyers entry to NCLT

The recent amendment in the IBC code has open the gates of NCLT for home buyers to approach NCLT.

The National company law tribunal or NCLT is the forum where now home buyers can seek a declaration to declare a builder company as insolvent or bankrupt and seeks to recover his money under the Insolvency and bankruptcy procedure.

Is it that easy?

it sounds simple but the provision of Insolvency and Bankruptcy code has a lot of legal technicalities.

It is not a cake walk. Even if the petition of the home buyer is accepted the builder company can go into morotoriam which can take a long time to decide a resolution plan and all the stakeholders will have a say especially banks which will have more say than a individual buyer.

Default has to be shown to the court

For availing benefit under the insolvency and bankruptcy code the buyer has to show default from the agreement. Mere delay in possession is not sufficient as it is a performance default.

The buyer has to show that as per the agreement the builder has failed to make a payment or the buyer has cancelled the booking and builder has defaulted the refund.

Settlement through NCLT

Even if you pressed for cancellation. Then according to builder buyer agreement the refunded amount comes with many deduction and if builder settles with you at NCLT the payment he will give you will be without interst. Though the settlement is fast.

Even if home buyer succeed

In most cases, home buyers will be treated as secured creditors.

It means they will be below the secured creditors like banks when it comes to recovery of dues.

Only in specific cases, a homeowner can claim to be a secured lender.

For example: Some developers promised buyers or investors that they would have the option to sell the house back at a specific value after certain years.

In such cases, the purchaser can be a secured lender. Being an unsecured lender comes with its drawbacks.

If a company goes into liquidation, secured lenders are first paid their dues, and unsecured lenders come next after them.

 

 

How to get Mutual consent fast..

 

Thank You we will Contact you ASAP…Or You may call at 9891549997 Advocate Nitish Banka




The aftermath of #MeToo

What will happen after you expose someone on #MeToo

 
The #MeToo movement has created a rage among various women especially from bollywood to expose offenders by naming them on various platforms and social media among the leading plat form.
The quick result after the expose of an offender on social media will result in filing of defamation cases against the #MeToo movement women celebrity
 
https://youtu.be/NLj1NbPrwS4

How they file defamation case when you make #MeToo comment

Defamation essentially means making a false or derogatory statement (oral, written or by visual representation) without any lawful justification by one person against another, by which the latter’s reputation stands to be compromised. It is covered under section 499 of the Indian Penal Code (IPC), 1860. Anyone who feels wrongly accused of something through words or gestures—spoken or written—can file a defamation suit in a court of law on the grounds that the accusation hampers his/her reputation. To constitute defamation, The statement must be derogatory when communicated to third part who is a reasonable man.

What are the different kinds of defamation?

There are two kinds of defamation: civil and criminal. One statement can give rise to both. There is no codified law dealing with civil defamation. It is based on tort law that relies on the body of case laws to define what constitutes a wrong. The defamed person can move a high court or subordinate court and seek monetary compensation. The penalty doesn’t extend to a jail term. Under criminal defamation, the person against whom a defamation case is brought can be prosecuted under section 500 of IPC, which may include a fine or jail term of up to two years or both. The case has to be proved beyond reasonable doubt.

What is the SC ruling on criminal defamation law?

In May 2016, the Supreme Court upheld the constitutional validity of the colonial-era criminal defamation laws and ruled they were not in conflict with the right to free speech.

How do defamation laws fit into the context of #MeToo?

Some of alleged accused of sexual harassment, rape and assault under the #MeToo movement are taking recourse to the defamation law. Their argument is the allegations have caused irreparable damage to their reputation. The accused in the defamation cases are relying on penal provisions under IPC and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)Act, 2013, that supersedes the Vishakha Guidelines on sexual harassment.

Which are some of the prominent cases?

In April 2016, Kerala chief minister (CM) Oommen Chandy brought a defamation case against CPI(M) veteran V.S. Achuthanandan. Criminal and civil defamation suits were filed by Union minister Arun Jaitley against Delhi CM Arvind Kejriwal and other AAP leaders over allegations of financial irregularities during his term as chief of Delhi and District Cricket Association. Industrialist Nusli Wadia filed a criminal defamation case against Tata Sons, Ratan Tata and the Tata group board of directors in 2016.

Recent cases of Nana Patekar and Tanushree Dutta.

Lawyer For Special Leave Petition(SLP) in Supreme Court

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BRIEF DESCRIPTION OF THE PROCESS OF FILING OF SPECIAL LEAVE PETITION IN SUPREME COURT OF INDIA

SLP under Article 132 of the Constitution of India:

Article 132 of the Constitution of India provides for an appeal to the Supreme Court of India from a judgment, decree or final order of a High Court, whether in civil, criminal or any other proceedings, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution of India. On the basis of such certificate the party can approach the Supreme Court of India and engage a lawyer for SLP in Supreme Court of India and file a SLP in the Supreme Court of India.

Appeals under Article 133 of the Constitution of India:

Article 133 of the Constitution of India provides for an appeal to the Supreme Court of India from a judgment, decree or final order of a High Court, from a civil proceedings of a High Court, if the High Court certifies that the case involves a substantial question of law of general importance and in its opinion the said question of law need to be decided by the Supreme Court of India. After the issuance of such a certificate, the party aggrieved by the order of the High Court can engage a lawyer for SLP in Supreme Court of India and file a SLP against the orders of the High Court.

Appeals under Article 132 of the Constitution of India:

Article 132 of the Constitution of India provides for an appeal to the Supreme Court of India from a judgment, final order or sentence in a criminal proceedings of a High Court if (a) it has on appeal reversed an order of acquittal of an accused person and sentenced him to death or (b) has withdrawn fro trail before itself, any case from any court subordinate to it and has in such trial convicted the accused and sentenced him to death or (c) it certifies that the case of a fit one for appeal to the Supreme Court of India. The party aggrieved by the order of the High Court can engage a lawyer for SLP in Supreme Court of India and file a SLP against the orders of the High Court.

Appeal by Special Leave Petition (SLP) under Article 136 of the Constitution of India:

provides that the Supreme Court of India in its discretion grant special leave to appeal from any judgment, decree, determination, sentence or order in any case of matter passed or made by any Court or tribunal in the territory of India except the Court of tribunal constituted by or under any law relating to armed forces. The party aggrieved by the order of the High Court can engage a lawyer for SLP in Supreme Court of India and file a SLP against the orders of the High Court.

FORMAT OF SPECIAL LEAVE PETITION (SLP) IN SUPREME COURT OF INDIA

F O R M – 28
IN THE SUPREME COURT OF INDIA
(Order XVI Rule 4(1) (a)
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION
(Under Article 136 of the Constitution of India)
S.L.P. (Civil) No. …………………………………………………of…………………….
POSITION OF PARTIES
(Description of the orders of the court from which the SLP arises)
ABC ————-PETITIONER
VS
XYZ ————–RESPONDENT.
To
Hon’ble the Chief Justice of India
and His Companion Judges of the Supreme Court of India.
The Special Leave Petition of the Petitioner most respectfully showeth :-
1. The petitioner/petitioners above named respectfully submits this petition seeking special leave to appeal against the judgment/order of (Here specify the Court/Tribunal against whose order the leave to appeal is sought for together with number of the case, date of the order and the nature of the order such as allowing or dismissing the matter or granting or refusing the interim order etc.)
2. QUESTION OF LAW:
The following questions of the law arise for consideration by this Hon’ble Court:
(here set out the questions of law arising for consideration precisely)
3. DECLARATION IN TERMS OF RULE 4(2)
The petitioner states that no other petition seeking leave to appeal has been filed by him against the impugned judgment and order.
4. DECLARATION IN TERMS OF RULE 6
The annexures produced alongwith the SLP are true copies of the pleadings/documents which formed part of the records of the case in the Court/Tribunal below against whose order the leave to appeal is sought for in this petition.
5. GROUNDS
Leave to appeal is sought for on the following grounds.
(Here specify the grounds precisely and clearly)
6. GROUNDS FOR INTERIM RELIEF:
(here specify briefly the grounds on which interim relief is sought to)
7. MAIN PRAYER
(Here set out the main prayer)
8. INTERIM RELIEF
(Here set out the interim prayer)
Place :
Advocate for the petitioner
Date :
Settled by :
(Specify the name of the Advocate in case where the petition is settled by an Advocate)
Please mention the name of the lawyer for SLP in Supreme Court of India here.