Quash Petition filed at High Court -Notice to Resp
Legal fraternity may clarify the following.
X has filed a quash Petition in High Court making Police Authorities and the Complainant as Respondents. H.C has not served any notice to Complainant (individual). The Quash Petition has been disposed by HC ex-parte with remarks as the Complainant as 'absent'.
There is, of course, some manipulation done by the Quash Petitioner with Police and H.C staff. Please clarify the following:
1. Is H.C. in order in passing the order without presence of Complainant?
2. Is H.C. responsible in serving notice to Respondents (Police and Individual complainant)?
3. Can the order passed under the above situation be challenged as invalid / void ab initio.
Any legal decisions / case laws. more
X has filed a quash Petition in High Court making Police Authorities and the Complainant as Respondents. H.C has not served any notice to Complainant (individual). The Quash Petition has been disposed by HC ex-parte with remarks as the Complainant as 'absent'.
There is, of course, some manipulation done by the Quash Petitioner with Police and H.C staff. Please clarify the following:
1. Is H.C. in order in passing the order without presence of Complainant?
2. Is H.C. responsible in serving notice to Respondents (Police and Individual complainant)?
3. Can the order passed under the above situation be challenged as invalid / void ab initio.
Any legal decisions / case laws. more
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We have learnt " Law is said to be common sense" and therefore common sense also need to be visible while it is being implemented. Most of the cases indicates absence of common sense or Logicality. Possibly that may be the reason that the various decisions are contradictory on several counts. Possibly that may also be the reason that there are numerous cases because there is no common interpretation. more
Dec 26
High Court is right in passing the said Order when as per records Hon'ble Court finds that that the Respondent is absent despite proper notice. It was for the Respondent to keep a watch of the High Court Board after due service was done to Respondent/ his advocate. It is not necessary that in all cases notices are required to be issued. Such Orders cannot be termed as invalid orders but the remedy is to challenge the same in higher forum. more
Dec 26
Unfortunately in India, one can buy can anything/ any one and every thing/ everyone is so cheap. One of the women heard advising another woman to include in her complaint of 498a the charge of unnatural sex by the husband, sexual assault by the FIL and BIL so that the whole of the family is kept on dragged for rest of the life. What else could be stated. more
Dec 26
Has the person gave the address/e-mail-phone numbers of the persons.Has the Lawyer asked for non bailable arrest warrant. 2.The possibility is they sent the warrants to a fictitious address,and wrote address unknown,letters returned. 3.Other things the advocates who have better knowledge of system will advise you. more
Dec 23
This is the tragedy of Indian judicial system. The judiciary should do justice as well as it should appears to be justice done. That is the reason there are so many pending cases as everyone feels that they can manipulate and get the desired verdict at one or other stage. One of the reason for corruption to such an extent in India is the justice delivery system in India. And they are hailing independence of judiciary. You have to only appeal and wait for the system to favour you. more
Dec 23
