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  1. Asked: October 8, 2019In: FIR

    My wife filed a false complaint case on me Under Section 498A , 3 and 4 of D.P. Act.

    swapankundu

    swapankundu

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    Added an answer on November 27, 2019 at 7:18 am

    There is more number of women victims than compared to men. But there also cases when men fall prey to false allegations. So, men need to protect themselves against these unjust practices as women are not always the victims. About advocate Swapan Kundu’s opinion You need to collect all the evidenceRead more

    There is more number of women victims than compared to men. But there also cases when men fall prey to false allegations. So, men need to protect themselves against these unjust practices as women are not always the victims.

    About advocate Swapan Kundu’s opinion

    • You need to collect all the evidence and documents. One must collect as many evidence it can prove innocence in the court of law. Indian Judiciary is pro-women, so it may become quite difficult for you to prove the guilt. you can even keep voice recordings as they can help in the court. Text messages or any conversation which can be claimed as a substantial proof can be kept by the man. Also, if there is any proof which shows that no demands were made by yours side for dowry before and after marriage can prove to be strong evidence.
    • Try to get an anticipatory bail – if you feel that your wife is going to file a false case against you, hire a good criminal lawyer and get an anticipatory bail. This will help you and your family members from getting arrested. This was held in Rajesh Sharma v. Union of India [3], and allowed the men to take anticipatory bail.
    • You can also file an FIR case against your wife for false 498A complaint. Though the police in India do not file such cases, if you have full proofs, they will consider filing your case. Draft a complaint by a good criminal defense lawyer, so that the police do not reject it.
    • You can get the FIR quashed by approaching a High Court under Sec 482 of CrPc. Courts are hesitant to quash an FIR which has been filed by police, but if you have substantial evidence to claim your side you can easily get the FIR quashed.
    • You can also file a defamation case against your wife for all the lost reputation. Man is a social animal so reputation is very important for him. So, a man can file a case of defamation under Sec 500 of IPC.
    • You can also file a damage recovery case under Sec 9 of CPC. If your wife lies that you have physically or economically or emotionally harassed her and all her claims are false, you can file a suit against her, it has no risk involved.
    • Also, prove that the wife moved out of the marriage on her own and without any valid reason.

    Remember, evidences are everything in court of law. Without evidence, the court may favour the woman but if you want to be proven innocent, start collecting proofs.

    • The Government has already formed: Family Welfare committees in every district. The committee will comprise of three members appointed by the District Legal Aid. The committee will be of volunteers, retired officers or any person who may be willing to work. The government should ensure that these committees function properly and there is no corruption involved in the committees.

           Every received complaint will be looked by these committees. This will                                also ensure speedy trials for the complaints.

    • The government should ensure that no frivolous cases are filed under the section 498A. For that, there should be stringent punishment prescribed by the government. This will help to stop the woman from filing false cases and take it as an easy escape.
    • Also, there should be courts which can help for speedy redresses of the complaints. So, the complaints can be disposed of in a better way.
    • The power to arrest should only be exercised after meeting certain standards. The police should not be free to arrest anyone solely on the complaint rather there should be standards fixed by the government.

    For more details visit Mipan India office

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  2. Asked: October 16, 2019In: FIR

    Police is not lodging my FIR?

    swapankundu

    swapankundu

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    Added an answer on November 25, 2019 at 7:59 am

    If the police is not taking any action on the FIR, the complainant can report to the Superintendent of Police of the District. If no action is taken further, the complainant can file a case in the criminal court and get the order of the Magistrate on the FIR. Or else you can also make a written compRead more

    If the police is not taking any action on the FIR, the complainant can report to the Superintendent of Police of the District. If no action is taken further, the complainant can file a case in the criminal court and get the order of the Magistrate on the FIR.

    Or else you can also make a written complaint to the concerned State Human Rights Commission or the National Human Rights Commission that the police are not doing their duty of enforcing the law or that they are being negligent, biased or corrupt.

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  3. Asked: October 17, 2019In: RTI Act

    Which types of questions are not permissible under the RTI Act, 2005.

    swapankundu

    swapankundu

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    Added an answer on November 25, 2019 at 7:56 am

    "Under the RTI Act, 2005, your queries submitted to the public information officer cannot be in question form. Under Section 2(f), which defines 'information' , questions have not been defined as information. Hence we cannot furnish the information you had sought." But, If we combinedly read sub-secRead more

    “Under the RTI Act, 2005, your queries submitted to the public information officer cannot be in question form. Under Section 2(f), which defines ‘information’ , questions have not been defined as information. Hence we cannot furnish the information you had sought.”

    But, If we combinedly read sub-section (f) and (j) of section (2) of RTI Act, it means that we can ask questions under RTI if the answer to the question is available in record of public authority or in other records which is under the control of the public authority.

     

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  4. Asked: October 8, 2019In: RTI Act

    What is the RTI Act 2005

    swapankundu

    swapankundu

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    Added an answer on November 20, 2019 at 7:07 am

    Right to Information (RTI) is an act of the Parliament of India to provide for setting out the practical jurisdiction of the right to information for citizens and replaces the Freedom of information Act, 2002. Under the services of the Act, any citizen of India may request information from a "publicRead more

    Right to Information (RTI) is an act of the Parliament of India to provide for setting out the practical jurisdiction of the right to information for citizens and replaces the Freedom of information Act, 2002. Under the services of the Act, any citizen of India may request information from a “public authority” (a body of Government or “agency of State”) which is required to reply swift or within thirty days. The Act also requires every public authority to computerize their records for wide dispersal and to enterprising certain categories of information so that the citizens need minimum option to request for information formally.

    This law was passed by Parliament on 15 June 2005 and came fully into action on 12 October 2005. Every day, over 4800 RTI applications are filed. In the first ten years of the beginning of the act over 17,500,000 applications had been filed.

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  5. Asked: October 16, 2019In: Domestic Violence

    how can I file case against domestic violence?

    swapankundu

    swapankundu

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    Added an answer on November 20, 2019 at 6:42 am

    Being a woman, if you are feeling you are a sufferer of domestic violence, you can use the power of Protection of Women from Domestic Violence Act, 2005. You can file a complaint against domestic violence - As a woman, if you have any reason to believe that there is any act of domestic violence hasRead more

    Being a woman, if you are feeling you are a sufferer of domestic violence, you can use the power of Protection of Women from Domestic Violence Act, 2005.

    You can file a complaint against domestic violence –

    As a woman, if you have any reason to believe that there is any act of domestic violence has been, or is being, else is likely to be committed, you can go to your nearest police station to file an F.I.R. Remember, the on duty police officer can’t refuse your complaint and obviously bound to register it.

    In case , the police tell you the incident does not fall under their authority, then ask them to register a Zero-FIR. Zero-FIR means a FIR can be filed in any police station and later, the same case can be transferred to the accurate police station.

    The police will note down the incident while filing the FIR and ask you to sign it. Please doubled check the information they have written and make sure there is a less chance of mismatch. If you feel uncomfortable talking about the problems you have to a male police, you can also request the police for female officers to assist you.

    Other than a police officer, you can also ask for help from a protection officer, service provider or a Magistrate regarding your problem.

    Now, you can also file an FIR online, if your state has the facility to do it. Otherwise, you can simply file your complaint by visiting the National Commission for Women website.

    First, you need to fill up the form with required details and submit it. Then, you will get a receipt number after submission of the form which you need to note down. According to your requirement, the receipt number will help you to obtain your file number, user id and password within 10 days of filing of complaint.

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  6. Asked: October 12, 2019In: Banking and Finance Laws

    My neighbour borrowed 2 Lacs from me and now he is denying to return.

    swapankundu

    swapankundu

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    Added an answer on November 14, 2019 at 9:57 am

    In these cases at first you can go for gentle Reminders. When approaching the topic of collecting the payments from your friend or relative, try to be firm, yet straightforward. You can also express your urgency. You can ask for updates & then Add deadlines. Also offer Payment Installments. TheRead more

    In these cases at first you can go for gentle Reminders. When approaching the topic of collecting the payments from your friend or relative, try to be firm, yet straightforward. You can also express your urgency. You can ask for updates & then Add deadlines. Also offer Payment Installments. The final step you can go for is taking Legal Action.

    A lender can also file a suit under the Negotiable Instrument (NI) Act. This can be filed only for a person who has not returned the money that was borrowed by the lender through cheques, bills of exchange etc. If the person fails, the lender can further file a criminal suit against him.

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  7. Asked: October 28, 2019In: FIR

    What is the procedures to lodge an FIR against police officers?

    swapankundu

    swapankundu

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    Added an answer on November 14, 2019 at 9:40 am

    In case of any victim of police abuse : Can register a First Information Report(FIR) against the misbehaving officer at any police station; If his complaint is not accepted (which is most often ) he can send complaint to the District Superintendent of police who will then look into the matter and inRead more

    In case of any victim of police abuse : Can register a First Information Report(FIR) against the misbehaving officer at any police station; If his complaint is not accepted (which is most often ) he can send complaint to the District Superintendent of police who will then look into the matter and instruct the registration of the FIR.

    If the police officer refuse to register an FIR – Send your complaint in writing to the Superintendent of Police (SP) by registered post or else someone can make a written complaint to the concerned State Human Rights Commission or the National Human Rights Commission that the police are not doing their duty of enforcing the law or that they are being careless, prejudice or dishonourable.

     

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  8. Asked: October 28, 2019In: FIR

    What is the remedy available for me when someone files a false police complaint against me?

    swapankundu

    swapankundu

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    Added an answer on November 11, 2019 at 9:54 am

    A person making a false police report can be charged with a wrongdoing or a crime in most states. If the report damages your reputation, you can sue the person for slander of character. The person who files a false FIR against someone can be held guilty under Sec 182 & 211 of IPC, but only afterRead more

    A person making a false police report can be charged with a wrongdoing or a crime in most states. If the report damages your reputation, you can sue the person for slander of character.

    The person who files a false FIR against someone can be held guilty under Sec 182 & 211 of IPC, but only after the accused had applied to the High Court for quashing the false FIR lodged against him or her and the High Court had quashed such false FIR or if the accused is absolve or discharged by High Court.

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  9. Asked: October 28, 2019In: FIR

    Can I lodge an FIR without evidence?

    swapankundu

    swapankundu

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    Added an answer on November 11, 2019 at 9:03 am

    FIR means someone files complaint to the Police verbally or in writing. The provision for filing an FIR is under section 154 of Cr P C. Once the Police file the FIR, they get powers to investigate the case to collect evidence. But your  FIR itself has evidence and without it FIR cannot be filed. AnyRead more

    FIR means someone files complaint to the Police verbally or in writing. The provision for filing an FIR is under section 154 of Cr P C. Once the Police file the FIR, they get powers to investigate the case to collect evidence. But your  FIR itself has evidence and without it FIR cannot be filed.

    Anyone who knows about the commission of a cognizable offence can file an FIR. It is not necessary that only the victim of the crime should file an FIR. A police officer who comes to know about a cognizable offence can file an FIR himself/herself.

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  10. Asked: October 11, 2019In: Company Laws

    How does any person get an ISO certification and trademark for his company?

    swapankundu

    swapankundu

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    Added an answer on November 9, 2019 at 7:26 am

    ISO certificate is one of the ways that provide standards to the organizations and thus lead way to innovation and development of trade. These standards also ensure that the products and services of the organization meet the customer and regulatory requirements. In addition to this, it also revealsRead more

    ISO certificate is one of the ways that provide standards to the organizations and thus lead way to innovation and development of trade. These standards also ensure that the products and services of the organization meet the customer and regulatory requirements. In addition to this, it also reveals continuous improvement. ISO is an independent, non-governmental, international organization that creates standards to ensure the quality, safety, and efficiency of the products, services, and systems. It also certifies that the management system, manufacturing process, service or the documentation process has fulfilled all the requirements for standardization and quality assurance.

    There is a company known as LegalRaasta which provides the client every ISO, including some of the major ISOs like ISO 9001, ISO 1400z, OHSAS 18001, ISO 20000, ISO 50001, etc.

    Registering a trademark for a company name is quite simple. Without a lawyer’s help, Many businesses can file an application online in less than 90 minutes. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, http://www.uspto.gov. Before completing the online registration form, a person need to check the site’s Trademark Electronic Search System (“TESS”) database to make sure another company hasn’t already registered an identical or similar mark for the same categories of goods or services that he/she offers.

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