Imnindian Imnindian

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  • in reply to: Legal Position on Agreement signed under duress #2937

    Ok, sir. will re-read your reply. Thanks again!!

    in reply to: Legal Position on Agreement signed under duress #2935

    Thank you Sir!!
    But does that mean they can choose the terms and conditions mentioned in the agreement as per their convenience? As i said, they have violated the terms themselves and then are forcing me to hold up my end of the bargain.

    Sir, you said that onus on proving the coercion lies on the complainant. Could you please help me with any citation? I have been trying for the last week but have not found any ruling which says this explicitly.

    Thanks Sir!! Really appreciate your help.

    Thank you!!
    One last question: Can a party file a writ petition to review the case on merit which would essentially convert it into an appeal? There was no compromise in my case and the OP has challenged the correctness of Lok Adalat’s decision?

    Thank you sir!!
    One question: The judgment says “on certain limited grounds”. What could be an example of those limited grounds?

    in reply to: IO does not want to testify #2618

    Thank you Sir for the reply!!

    But can i interfere in who the Prosecution produces as witness? Can the prosecution not say they have given up IO as their witness? What would be my argument to force him to come to witness box? Is there any case law that i can cite?

    As far as evidence is concerned, IO has given 3 different versions of the events(all occurring on the same day):
    1. While obtaining arrest warrant, he has told the court that the accused is crafty and clever who ran away on seeing the police.
    2. Replying to my contempt petition in HC for not following Arnesh Kumar guidelines, he says he went to serve notice(250kms away) u/s 160 CrPC but it was refused by my mother.
    3. In the chargesheet, he has produced statements of 3 witnesses u/s 161 CrPC which are on the same day as he went to serve notice. I have also obtained DDR entry from his PS that he started at 7 in the morning and reached back at 9:30 in the evening. So if he was travelling the entire day how could he record statements of 3 witnesses?

    I understand each case is different but I would be grateful if you could help me with any pointers, generic or otherwise.

    Thanks!!

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