Advocate Rohit Kaul

Questions Answered by Advocate Rohit Kaul (25+ answers)

Q: Does CW count in PW in Murder Case ?

Difference between CW and PW in court, does CW count in PW in a murder case?

Advocate Rohit Kaul answered
When a witness refers to another witness during testimony, it is important to check if the other witness is named in the charge sheet. If they are listed in the charge sheet, they are designated with a rank such as CW3 (Court Witness 3). If this charge-sheet witness has already been examined as a prosecution witness, their earlier rank will be maintained. This helps differentiate between CW in court and PW in court, clarifying their roles in the case. The difference between CW and PW in court is that CW is called by the court, while PW (Prosecution Witness) is presented by the prosecution.

Q: Legal action for non payment of mobile bill in india ?

I failed to pay my Idea mobile bill of 3000 post which my mobile connection got suspended. I just want to know what happens if i don't pay postpaid bill. I have been getting rude and harassing calls from Idea's recovery agents for the due bill.

Advocate Rohit Kaul answered
well it is a long time consuming process, do not expect any penal process, they will keep calling you for mediation for the next 2 years and keep calling you for the lifetime. You can even settle in lesser amount.

Q: can i get married while my divorce is in process in india ?

If a person can marriage if his frst marriage of divorce case is running.is this possible in any case .koi asa law hai kya ijsme frst marriage ka divorce case chl rha ho or koi man is period me kisi bi woman se remarriage kr skta hai plz tell me ,can i get married while my divorce is in process ?

Advocate Rohit Kaul answered
Well if the divorce proceedings are pending before the Court or without a divorce one cannot marry, and if in such a scenario a marriage has taken place, the said marriage is void ab initio. Therefore, voh shaqkaas shaadi nai kar saktea.

Q: I want divorce from my wife

Meri promblm meri shadi ko le kr hai meri family ne 2015 me meri shadi kro di ,or jb me ldki se milne gya to ldki ki papa ne kaha ki nhi mil skte muje ajeeb lga mane apne papa ko b btaya but wo nhi mane phire shadi krwa di ,ek sal tk ldki apne garh me rhi kyuki yeh shadi se pehle hi tay hua tha but ab wo mere sath rehti hai muje chahiye thi koi padi likhi wife ho but wo to +2 fail hai me uske sath life nhi bita skta mane sb ko btaya but kisi ne meri nhi suni or emotion etyachar kr k chup kra diya ab finaly me frustrate ho kr garh se bag gya ab kya kruplz meri help kro.

Advocate Rohit Kaul answered
Well, you can initiate for divorce proceedings on various grounds. One would be that it has been over 2 years since the marriage and you have not in the past year ever come in close contact of her. Yet we would require various other documents to first analyse your case.

Q: Need to have legal opinion in false rape case

FIR was filed against me u/s 376, 328, 354D & 506 on February and I got arrested. After 8 months, got bail from HC. This month, in cross examination, prosecutrix confessed that all my evidences shown i.e. emails, whatsapp, sms, photos are genuine and sent by her only. Also she admitted her true phone no used for our communication. After cross, I submitted application for getting CDR with locations to further cross as she used to call me daily & visited my rented flat regularly for 3 months, before the alleged rape as well. ASJ rejected CDR application saying she is no way related to CDR and can't be questioned showing CDR! I need to know opinion of respected lawyers ... can she be further cross examined by showing CDR & location? If that happens, all her lies will be exposed. Please respond. Due to shortage of space, gave only min. details. Thanks in advance

Advocate Rohit Kaul answered
well u need to move an application under S. 65B of the Indian Evidence Act, 1872. Thereafter, the prosecutrix can be further cross-examined with regard to the CDR. An application would have to be moved in this regard.