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Blog: 498a - Book Of Knowledge(BOK)

Blogger: gokulpr
(this post was originally a reply to a SIFian who posted his win in the false 498a case against him, in the SIF yahoogroup, and wanted to know how to about filing counter cases and when, etc.,.)Dear Cruise and all,Where did your case get "dismissed" under what Cr.PC section(s)(discharge@lowercourt-239Cr.PC, quash@highcourt-482 or aquittal(which court)-on wat grounds on benefit of doubt, lack of proof or complaint/FIR found to be false). All these factors will decide ur next strategy. Read ur judgement thoroughly, write in here. If its an acquittal(as I think it is) at lower court, the appeal period is 30(or 60 days, just check the books/lawyers), if its a high court order the appeal per... Read more
clicks 278 View   Vote 0 Like   8:19am 7 Feb 2012
Blogger: gokulpr
VARIOUS MODES TO CRACK 498A & RELATED CASES:------------ --------- --------- --------- --------- --------- -METHOD 1. FOLLOWING THE TRIAL & PROVING INNOCENCE.Advantages:1. Text book method following judicial system to get the formal acquittal order.2. Post acquittal, we can file perjury U/s 340, malicious prosecution & defamation suit, which will destroy the 498a family completely.3. Scope for financial compensation thru defamation suit.Disadvantages:1.Time consuming; have to be patient with great Indian Judiciary's efficiency.2.Will take anything between 2 7 Yrs.3.Need to cope up half baked lawyers from both the sides.METHOD 2. FILING COUNTER-CASES AGAINST 498a FAMILY.Advantages... Read more
clicks 201 View   Vote 0 Like   4:43pm 7 Sep 2010
Blogger: gokulpr
RTI Template for Complaint agaisnt FIL if he is a Govt. Servant RTI Template for obtaining assets of FIL if he is a Govt. Servant RTI Template for obtaining information from private companies RTI Template for track record of FIL RTI Template for retirement analysis of FIL ... Read more
clicks 246 View   Vote 0 Like   4:26pm 3 Jun 2009
Blogger: gokulpr
RIGHT TO INFORMATION ACT 2005 APPLICATION Date: 27 May 2009 ToThe Public Information Officer,PA to District Collector (General)Collectorate, XXXXX DistrictCITY - XXXXXX 1. Name of the Applicant: XXXXXXXX 2. Address with Phone Number: Address line 1 Address line 2City, State.Phone Number: xxxxxxxxxxxx 3. Particulars of the Information Required:I would like to receive the following information about XXXXX S/o YYYYY, who is serving as DESIGNATION, CITY, District with the relevant documents’ copy. Details of Old Age Pensioners Records prepared & submitted by XXXXX in last 5 years.Details of Land Registration Records maintained & submitted by XXXXX in last 5 years.Detail... Read more
clicks 201 View   Vote 0 Like   4:21pm 3 Jun 2009
Blogger: gokulpr
RIGHT TO INFORMATION ACT 2005 APPLICATIONDate: 01 Jun 2009ToPublic Information Officer,Address line 1 Address line 2City, State. 1. Name of the Applicant: Mr.xxxxxxxxx 2. Address with Phone Number: Address line 1 Address line 2City, State.Phone Number: xxxxxxxxxxxx3. Particulars of the Information Required:I would like to receive the following information about Mr.xxxxxxx S/o xxxxxxx, who is working / (was retired) as in BSNL, CITY and currently residing at RESDENTIAL ADDRESS, with copy of the documents.1.      Date of joining on the services with BSNL.2.      Pay Scale details with breakup.3.      Details of promotions and departmental enquires on him.4.      With refe... Read more
clicks 202 View   Vote 0 Like   4:19pm 3 Jun 2009
Blogger: gokulpr
THE RIGHT TO INFORMATION ACT 2005 APPLICATION Date: 26 May 2009 ToPublic Information Officer,Address line 1 Address line 2City, State. 1. Name of the Applicant: Mr.xxxxxxxxx 2. Address with Phone Number: Address line 1 Address line 2City, State.Phone Number: xxxxxxxxxxxx 3. Particulars of the Information Required:     Please provide information as per below list related to M/s.XXXX Ltd,(BSE Code: XXXX, Company CIN : AXXXXXXXXXXXXXXX) having registered office at ADDRESS by obtaining information from the said entity under Section 2 [f] of RTI Act 2005, which is reproduced here under for your kind reference: Section 2 [f] ”information" means any material in any form, including record... Read more
clicks 197 View   Vote 0 Like   4:16pm 3 Jun 2009
Blogger: gokulpr
THE RIGHT TO INFORMATION ACT 2005 APPLICATION FOR OBTAINING INFORMATIONDate: ToThe Public Information Officer,OFFICE ADDRESS, XXXXX DistrictCITY - XXXXXX 1. Name of the Applicant: XXXXXXXX 2. Address with Phone Number: Address line 1 Address line 2City, State.Phone Number: xxxxxxxxxxxx 3. Particulars of the Information Required:I would like to receive the following information about XXXXXXX S/o YYYYY, who is serving as DESIGNATION, OFFICE ADDRESS with the relevant documents’ copy.1.       XXXXXXXX’s current pay scale details with monthly take home salary after deductions.2.       XXXXXXXX’s joining date to the service and promotion details if any.3.       Any misco... Read more
clicks 183 View   Vote 0 Like   4:13pm 3 Jun 2009
Blogger: gokulpr
THE RIGHT TO INFORMATION ACT 2005 APPLICATION FOR OBTAINING INFORMATION Date:  ToThe Public Information Officer,PA to District Collector (General)Collectorate, XXXXX DistrictCITY - XXXXXX 1. Name of the Applicant: XXXXXXXX 2. Address with Phone Number: Address line 1 Address line 2City, State.Phone Number: xxxxxxxxxxxx 3. Particulars of the Information Required:I would like to have the following information regarding the complaint made on XXXXXX to District Collector about XXXXXXXX, DESIGNATION, and OFFICE ADDRESS.Departmental enquiry details taken on serving DESIGNATION about his misuse of power and official post to influence police for his family problem.Action taken on th... Read more
clicks 222 View   Vote 0 Like   4:10pm 3 Jun 2009
Blogger: gokulpr
Dear all,After being in SIFF forum for last 2 years & based on my own experience, i have tried to enumerate the pros & cons of retaliating the 498a family to close the case, with various modes.Request your opinion to alter or refine the points.Regards,RKV----------------------------------------------------------DIFFERENT MODES FOR CRACKING 498A CASE:--------------------------------------- 1. FOLLOWING THE TRIAL & PROVING INNOCENCE.Advantages:1. Text book method by following judicial system & get the formal acquittal order.2. During trial, we can file perjury U/s 340 & Defamation suit, which will destroy the 498a family completely.3. Scope for financial compensation thru ... Read more
clicks 197 View   Vote 0 Like   10:54am 31 May 2009
Blogger: gokulpr
பிரபாகரன் உயிருடன் இருக்கிறாரா ? கிராபிக்ஸ் விளையாட்டா ? வேதனையா ?காசு பாக்கும் எண்ணத்துடன் , தமிழக மக்களின் ஆர்வத்தையும் அனுதாபத்தையும் தூண்டும் விதத்தில் ஒரு பொய் செய்தியை வெளியிட்டு, கிராபிக்ஸ் விளையாட்டு விளையாடி, பிரபாகரன் உயிருடன் இருப்பதாய் நக்கீரன்... Read more
clicks 195 View   Vote 0 Like   4:19pm 26 May 2009
Blogger: gokulpr
In most of the 498A complaints lodged against husbands it is found that the girl's family says, " We gave X amount of dowry" added with the allegation that it was demanded. However, dowry giving is also an equal crime as per Section 3 of the Dowry Prohibition Act, 1961 as much as abetting it is. Even witnesses give their statements that they saw the dowry being given.Please remember if there is a case against you and your family for demanding and taking dowry on the basis of the statements given by complainant wife and her well-wishers, then a similar case for giving and abetting also needs to be registered against the complainant wife and her well-wishers for being parties to giving dowry a... Read more
clicks 229 View   Vote 0 Like   4:38am 26 May 2009
Blogger: gokulpr
Well guys the retrospectiveness of DV has been a controversial topic of late. And the law being silent about it, the judiciary uses it to its own whims and fancies most of the times which are biased against men. Alleged acts of violence committed prior to 26th Oct 2006, the day the devilish DV law came in effect, are made part of petition and cases are getting registered.But retrospectiveness in law is a serious issue and allowing retrospective matters in admittance of cases can have serious implications. As technological advances follows Murphy’s rule, newer dangers are also getting exposed and newer legal provisions can also come into effect. What was legal now can be illegal later, so d... Read more
clicks 201 View   Vote 0 Like   5:27pm 12 Aug 2008
Blogger: gokulpr
Some technical issues and redundancy in applying for AB in mumbai is that if at all they want to apply at Mumabi, it will have to be in HC, Mumbai(expensive first of all). Why it has to HC and not any subordinate court(sessions, magistrate etc) , since HC is the only court which is above the bangalore magistrate court even though not directly above, HC mumbai is still hierarchically above the magistrate court , bangalore where the case must be(or is it a district court/JFMC/FMC court etc). Plus HC mumbai will be(may be) reluctant to give the AB, since even though it has the powers to grant bail(hierarchically) its foot is not so firmly planted jurisdictionally. As it happened in my parent’... Read more
clicks 219 View   Vote 0 Like   10:53pm 10 Aug 2008
Blogger: gokulpr
More recently, bureaucrats and sarkari babus have found a very unique way to hide their inactions and inefficacies in maintaining organized crime information. An RTI activist from Delhi had filed an RTI application to know the following, 1. Report of cases related to 498A with following details for each police station wise for each district of national capital territory of Delhi from 01-01-2007 to 31-12-2007.a. FIR no /Other IPC sections included along with 498ab. Case filed datec. Brief summary of case d. Complainant’s name, age, qualification, occupation, e. Every accused names, age, qualification, residential address, occupation and sex.f. Arrested (how many days in remand) or Anticipat... Read more
clicks 236 View   Vote 0 Like   1:29pm 10 Aug 2008
Blogger: gokulpr
Hi XXXXX,Whatever happened is for good, whatever is happening is for good, whatever will happen also is for good.You "WERE" like what you mentioned below, you contacted us, some of us wrote back- all for good.You have to invoke your survival instincts, thats what Vinayak had tried to catalyse, and thats super good. This group is a bootcamp for 1) learning to use ones own fears to excel 2) to chanelise ones own rage positively and hence to never ever give up and to never die on one's knees 3) to spread the fire of revolution to newbies far and wide 4) to realise ones true calling and to learn the joys in doing so - the way to these achieved are not easy or soft, so don't worry if you get span... Read more
clicks 205 View   Vote 0 Like   9:47pm 2 Aug 2008
Blogger: gokulpr
This post has connection to the post about Counter Cases possible in case of false criminal cases against one(whether the cases against you are still going on, or decided).*********************Supreme Court Judgement about Perjury in a Rape case**************REPORTABLEIN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTIONSPECIAL LEAVE PETITION (CRL.) NOS. OF 2008(CRIMINAL MISC. PETITION NOS.8515-8516 OF 2008)Mahila Vinod Kumar i .....PetitionerVersusState of Madhya Pradesh .....RespondentJUDGMENTDr. ARIJIT PASAYAT, J.1. Heard learned counsel for the petitioner.2. Delay condoned.3. Though, we are not inclined to entertain the special leave petitions, but we find that there is a need for... Read more
clicks 228 View   Vote 0 Like   2:05pm 13 Jul 2008
Blogger: gokulpr
And here comes the mother of all 'Cracks' for this bar of 195 Cr.PC , see below the links for the landmark judgement of Marwah Vs Marwah(Citation 2005 (4) SCC 370), I have used this in my counter cases(under sections 209, 211, 195, 197, 460, 463, and whatnot, even I lost count). Download this judgement here.See a post explaining all this: http://bok498a.blogspot.com/2007/05/arrive-with-guns-blazing-counters-quash.html, actually sit and read the whole blog as I suggested initially :), it will serve u good, take my word on it. See my case details and the killer thoughts behind planning a counter-offensive(our military bretheren must be keen on knowing these counter-surveilance mode thoughts) a... Read more
clicks 218 View   Vote 0 Like   11:03am 13 Jul 2008
Blogger: gokulpr
To get police to do a fair investigation is a very crucial step to have a chance of getting a B-report(clean chit) from the police(like in Prashant's case: http://ipc498a.wordpress.com/2008/06/07/investigative-excellence-the-closing-of-the-498a-case-against-actor-prashant ).Do not think its rare so unworthy trying for, only if more and more people pursue and attain this, will the system as a whole get cleansed. So try it with all your might, if not a B-report the chargesheet will be full of investigative points favourable to you, which is good enough to get clean in court and then book the law miusers in court.But approaching HC for getting fair investigation alone could be avoided if people... Read more
clicks 242 View   Vote 0 Like   8:26am 9 Jul 2008
Blogger: gokulpr
If we leave our inhibitions and only go by survivalinstincts- we will strike first(when we are under threat of a false case by the wife's side), but alas we are prisoners of our ownshackles(inhibitions, emotions, etc.).Its not easy to strike first- my family did not strike first since wealso thought "How can a girl's family ruin the girl's marriage byfiling false cases on husband&family". That too when the girls own relative(who knew their mentality too well, and could see the falsecases coming) actually hinted us to strike first, but at that point we never thought it was actually a life saving hint.But after experiencing these things for the last 5 years personallyand through others cas... Read more
clicks 205 View   Vote 0 Like   6:42am 18 Jun 2008
Blogger: gokulpr
Adultery case against your wife's paramour will work, but there are some loopholes in the Adultery law in this regards(which was used by Sanjay Dutt recently, when his partner Manyata's husband alleged crime of Adultery against Sanjay dutt, claiming that manyata is still married to him- the first husband).See the written law below(see a related post here http://bok498a.blogspot.com/2006/08/impossible-is-nothing-dont-let-your.html).*****************Section 497. Adultery: http://www.vakilno1.com/bareacts/IndianPenalCode/S497.htmWhoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that ... Read more
clicks 203 View   Vote 0 Like   3:16pm 17 Jun 2008
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