Happyshark11

Forum Replies Created

Viewing 15 posts - 106 through 120 (of 433 total)
  • Author
    Posts
  • Happyshark11
    Participant
      H
      Happyshark11
      PARTICIPANT
      March 18, 2025 at 7:13 pm
      It’s alright. The chargesheet has been filed against him, and nothing has happened to you so far, which strongly suggests you haven’t been named as an accused. You didn’t do anything wrong and were just caught off guard in a stressful situation. Mistakenly saying something under pressure in a phone call doesn’t make you criminally liable, especially since the police later contacted his real parents and moved forward with their investigation. Statements given to the police during an investigation generally have no evidentiary value. Many people lie or turn back on statements given during the course of criminal investigations. So there’s really no reason to worry.

      Happyshark11
      Participant
        H
        Happyshark11
        PARTICIPANT
        March 18, 2025 at 7:00 pm
        Self-defence is one of the general exceptions in Indian criminal law and provides immunity from criminal liability. However, the burden of proving that you acted in self-defence rests on you. If a complaint is filed against you, you may be arrested (depending on the circumstances) and would need to establish that your actions were justified.

        Self-defence is subject to several conditions. There must be an imminent threat, and the force used must be proportionate to the danger faced. For example, you cannot stab someone for merely slapping you and claim self-defence. Additionally, the right to self-defence can only be exercised when the threat is ongoing and unavoidable. If there was a reasonable opportunity to seek protection from authorities, self-defence may not be a valid defence.

        In extreme situations, self-defence can extend to the extent of causing death, but only when the attack poses a serious and immediate danger to life or causes a reasonable fear of grievous harm. This includes situations where a person is facing a fatal assault, a threat of severe bodily injury, or an attack involving serious crimes such as rape or sexual assault, kidnapping, or unlawful confinement where there is threat of death.

        in reply to: Detention beyond 24 hours! #32645
        Happyshark11
        Participant
          H
          Happyshark11
          PARTICIPANT
          March 18, 2025 at 4:08 pm
          While it is true that a person who has been arrested must be presented before a magistrate within 24 hours, there are practical exceptions. In many cases, if a person is arrested on Friday night, they may not be produced before a magistrate until Monday, especially in places where no magistrate is available over the weekend. However, this technically violates the law, and the accused has the right to challenge unlawful detention.

          Regarding communication, Indian law does not expressly grant an arrested person the right to a phone call, as seen in countries like the USA. However, the police are mandated to inform a relative or friend immediately about the arrest, as established in D.K. Basu v. State of West Bengal. The arrested person also has the right to meet a lawyer during interrogation.

          If the police do not follow proper arrest procedures or unlawfully detain someone, the most effective legal remedy is to file a Habeas Corpus Petition before the High Court, which can order immediate production and release of the arrested person if the detention is found to be illegal.

          Happyshark11
          Participant
            H
            Happyshark11
            PARTICIPANT
            March 18, 2025 at 3:45 pm
            The Constitution of India is the bedrock of our legal system, it is the foundation upon which all other laws are built. It defines the structure of governance and guarantees fundamental rights to citizens. Key institutions & positions like the President, Prime Minister, Council of Ministers, Lok Sabha, Rajya Sabha, Public Service Commissions, Election Commission etc. derive their authority from it.

            However, reading the Constitution alone won’t give you a complete understanding of the legal system. Law is vast and extends across various domains—criminal law requires knowledge of the IPC and CrPC, while commercial law involves statutes like the Contract Act, Sale of Goods Act, and Companies Act etc. Each area has its own set of legislations, principles and intricacies.

            If you want to well read on our legal framework, Introduction to the Constitution of India by D.D. Basu is a good read for you. Apart from explaining the provisions, it provides historical context and explains how our legal system has evolved over time. However, if you want to explore a specific area of law, you will need to refer to subject-specific books tailored to that domain.

            And don’t be discouraged if you find the bare text of the Constitution difficult to understand. Even experienced advocates continue to study and interpret it throughout their careers.

            Happyshark11
            Participant
              H
              Happyshark11
              PARTICIPANT
              March 18, 2025 at 2:35 pm
              If your legal aid lawyer is not familiar with the laws, request for a change of lawyer.

              Happyshark11
              Participant
                H
                Happyshark11
                PARTICIPANT
                March 18, 2025 at 2:29 pm
                The Constitution of India is the foundational legal document that outlines the framework of our country. What you are reading is the bare act, which contains the actual text of the Constitution. For a more detailed explanation, you may refer to a commentary on it. For a layman, I would recommend the latest edition of Introduction to the Constitution of India by D.D. Basu.

                Happyshark11
                Participant
                  H
                  Happyshark11
                  PARTICIPANT
                  March 18, 2025 at 11:51 am
                  If you proactively inform the electricity company, you should be protected from any liability. However, if they discover the issue on their own, it could create problems for you. This is why I said to make complaint in writing, so that in case of any future complications, you could use it as evidence to absolve yourself.

                  in reply to: what can i do ? #32906
                  Happyshark11
                  Participant
                    H
                    Happyshark11
                    PARTICIPANT
                    March 18, 2025 at 11:45 am
                    As I have said in my main comment. File RTI and get information about the sale. There are fixed timelines in RTI Act in which the departments have to provide all the information sought.

                    If you find something illegal, then file a PIL to challenge the same. If you do not want to reveal your identity, then approach some NGO etc. who are into such work and have them file the PIL instead.

                    in reply to: Lawyers in this sub please help me out. #32717
                    Happyshark11
                    Participant
                      H
                      Happyshark11
                      PARTICIPANT
                      March 18, 2025 at 11:40 am
                      If you are seeking a mutual divorce, all terms and conditions must be agreed upon by both parties. The settlement should specify the amount of maintenance, if any, to be paid by the husband. It is advisable to opt for a one-time permanent alimony to conclude the matter definitively. Additionally, you cannot claim maintenance for yourself as you are an adult. A father is only required to provide maintenance for a major male child if the child suffers from a physical or mental disability that prevents him from earning a livelihood.

                      If your mother wishes to revert to her maiden name or adopt a new name after divorce, she must first prepare an affidavit stating the reason for the name change and citing the divorce decree as supporting evidence. Next, she must publish the change in the official Gazette of India or the respective State Gazette. Additionally, a newspaper publication in at least one national and one local daily is required. Once these steps are completed, she can apply for a name change in official documents such as Aadhaar, PAN, passport, voter ID, and bank records by submitting the Gazette notification and affidavit as proof.

                      in reply to: what can i do ? #32904
                      Happyshark11
                      Participant
                        H
                        Happyshark11
                        PARTICIPANT
                        March 18, 2025 at 11:28 am
                        Based on your response I now understand that you have no knowledge of how the law, government or system works and base your entire reasoning of youtube videos, movies & other propaganda.

                        Don’t try to file any case, because if you file your case based on such shallow knowledge it will just get rejected and act as a bar for subsequent cases. Not only will you not achieve anything, you would also make it more difficult for others to challenge things if something illegal is really going on.

                        in reply to: what can i do ? #32900
                        Happyshark11
                        Participant
                          H
                          Happyshark11
                          PARTICIPANT
                          March 18, 2025 at 10:45 am
                          To effectively challenge the large-scale sale of land in Uttarakhand, it is crucial to first understand the existing land laws and how they are being exploited. Do not blindly rely on what you are seeing on youtube. Engage lawyers who are already fighting such cases in the High Court to obtain clarity on the laws or research it yourself.

                          Filing RTI requests can uncover details of suspicious land deals, revealing who is buying the land and whether rules are being violated. If irregularities are found, filing a PIL in the High Court can push for stricter enforcement and also hold those responsible accountable.

                          But legal action alone isn’t enough in such cases—public pressure is the key. Engaging with locals, activists, and social media can bring these issues to light and force authorities to act.

                          Happyshark11
                          Participant
                            H
                            Happyshark11
                            PARTICIPANT
                            March 18, 2025 at 10:29 am
                            Submit a written complaint to the electricity company without mentioning anything about tampering. Simply inform them that you have noticed the electricity bill for your rented property has been zero for the past two months and request an inspection to determine the issue. If they later identify tampering, you can use that as a valid ground for initiating eviction proceedings against the tenants.

                            in reply to: College SCAM Alert! Need help ASAP! #32889
                            Happyshark11
                            Participant
                              H
                              Happyshark11
                              PARTICIPANT
                              March 18, 2025 at 10:14 am
                              File Writ Petition against the college in High Court.

                              Happyshark11
                              Participant
                                H
                                Happyshark11
                                PARTICIPANT
                                March 18, 2025 at 10:10 am
                                Make a written complaint to the SHO providing details of the case and request him to have the said sections added to the FIR. If SHO refuses, you can escalate the matter to the SP or Magistrate.

                                Also keep in mind that FIR is the first step in the investigation process with the purpose of setting the investigation in motion. It is not necessary to mention all the sections involved in a FIR. Police can add relevant sections in the chargesheet, even if it is not mentioned in the FIR.

                                Happyshark11
                                Participant
                                  H
                                  Happyshark11
                                  PARTICIPANT
                                  March 18, 2025 at 10:02 am
                                  To provide an accurate response, it is important to understand the specifics of your case—what it pertains to, what has transpired, what orders have been passed and under what category of compensation it falls. The ‘Compensation List’ is prepared at various stages; it may be a preliminary list awaiting approval, or it could be a finalized list where payments have already been disbursed or some other interim list. Without knowing which stage your case is at, it is not possible to determine when you will receive compensation.

                                  Please note that while you are aware of the details of your case, others are not. Simply asking, ‘When will I receive compensation?’ without providing relevant information will not get you any meaningful answer.

                                Viewing 15 posts - 106 through 120 (of 433 total)