Advocate Saravana Kumar

Questions Answered by Advocate Saravana Kumar

Q: Is signature of complainant necessary for filing an FIR

I am railway employ.while on duty other 3employees assaulted me.now iam in sick at railway hospital.government railway police ask me to come and sign the FIR copy.is this necessary for my signatures in FIR?is there is any chance of arresting by police,since counter case also filed against me?

Advocate Saravana Kumar answered
The Signature of victim is not necessary in the FIR and complaint too. The statement of victim is necessary and when the situation is out of control, then any body can set the criminal law in motion and it is the nucleus of criminal jurisprudence.

Q: Can a case be quashed with reference to the judgement of split case

Dear Sir / Madam, A FIR was registered for cruelty against me, my mother and 3 other relatives and the same case came into trial few years ago. Eventually the case was split into 2 with me and one of the relatives in one case and my mother and the other 2 relatives in the other. While my case is still pending trial, my mothers case underwent trials, where all the witnesses were examined. The case was dismissed recently as there was no evidence against them and that it was a false case. My question is, now that my mothers case is dismissed, is there a way to quash mine without having to appear for trials? Note: I had previously won the divorce case filed against my ex wife.

Advocate Saravana Kumar answered
When the charge was same against all persons in a single case and acquittal of some persons will have the probability of get order in quash petition filed under section 482 of criminal procedure code.

Q: What to do if debtor does not return the money

Is it possible to file a case for not returning the borrowed money? Money was given through bank transaction. No documents made.

Advocate Saravana Kumar answered
yes possible to file the case before the concerned civil court on the basis of pecuniary and territorial jurisdiction. you can file the bank statement of accounts regarding transfer of money from your account to your debtor account as plaint document and you must file the suit for recovery of money within 3 years from date of contract of debt.before that you are advised to sent demand notice of payment through advocate to your debtor in this regard.

Q: What to do as there is no progress in our case

Our case number is 18786 of 2008 (Writ Petition). Last hearing date was on 2013 after that no progress in case. What should we do?? The case is related to gratuity settlement case from school.

Advocate Saravana Kumar answered
Ask your advocate to give letter of emergency regarding list of your case at the registrar judicial of high court and then it will be listed. Normally old cases relating to labour matters will be given preference.

Q: How to file second appeal in madras high court

I want to know a complete detail about filing procedure of a second appeal in Madurai bench of Madras High court. can i you help me. Moreover i want to know what all types of suits can be filed in Madurai bench oof madras High court

Advocate Saravana Kumar answered
Second appeal filed under section 100 of Civil Procedure Code before High Court. Only substantial questions of law are raised not facts of case to be decided. Plaint, Written statement, Decree and Judgement of Trial Court and First Appellate Court, Deposition of witnesses and documents which are marked as exhibits on both sides of plaintiff and defendants to be filed as documents in type set along with main grounds of appeal within the period of 90 days from the date of judgement of First appellate court.