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Old 7th October 2008, 18:56   #76
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Originally Posted by manish7 View Post
Well, 200-500 was typo. But I have read here on TB itself that lawyer charges around 400-500 per hearing. There was hardly any procedure on many days. Anyway, how much should I pay the lawyer????
Does the typo make any difference?

Ok. Look at it this way - you have Maruits, and the Nanos will be on road soon. And then you have the Swifts, Indicas, WagonRs, Sparks, Mercs, Rolls, Maybachs, Porsches, Ferraris, etc. Not to forget the BMWs and Skodas and Nissans in between.

None of them will go faster than the meandering rick blocking the way, will they?



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If it's way too exorbitant - I might just need to cancel lot of other plans that we have. We are recently married & planing to start family -- this is a not a stress that we want to carry for long! I understand though that it's going to be a long process.... :(

You can simply plead guilty, and get off paying a fine of maximum 1.5 K. Fine plus lawyer fees would not cost you more than a tankful of petrol.

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Also, can I apply for exemption to appear on the day when charge-sheet is read out? Or do I apply later?
No; you should not. IF you do not appear, the court will simply postpone reading the charge. And may issue warrant.

Remember that you may have take fresh bail once charges are framed. (take lawyer's advice here).

On the remaining days, you can seek exemption. Remember to GO to your lawyer's office BEFOREHAND. These lawyers in non-metro cities, and in metro cities too, are notorious for NOT turning up unless their daily "levy" is paid in advance. Expect to pay another 50 - 100 bucks to his clerk / typist for preparing the application.
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Old 7th October 2008, 19:47   #77
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Looks like there is some misunderstanding -- I am definitely talking about exemption on remaining days. Not on that day of charge-sheet. I was merely asking if I can apply for that exemption when I go there for getting the charge-sheet.

There is no way I will plead guilty- Is this a joke??? Tomorrow someone may frame charges of rape against me and should I accept it only to make case shorter????? Why & how would insurance company pay when I have not even been there? They have their own investigation cell and it would sure prove that car wasn't there. There can't be any entry on toll booth. I have 10 other records to prove I was in Pune. Anyway!!!

BTW, IPC 338 may attract penalty up to 2 years inprisonment, it's not just pay fine and get out! Irrespective of whatever...I will not plead guilty, even the idea is infuriating!
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Old 7th October 2008, 19:49   #78
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Hi,

> You can simply plead guilty, and get off paying a fine of maximum 1.5 K.

Saw your message after I posted this. So won't suggest you to plead giuilty.

The insurance case would be handled by a Motor Accident Claims Tribunal court. The insurance people may / may not fight the case depending on the compensation claimed.

This is just a police case and it takes its course separately.

You may get exemptions for later visits to the court, but if I am not mistaken, it will only prolong the case by adjournment. Your lawyer will be earning anyway. As accused, it is in your best interest to be there every time.

This is usually handled by one of the lowest level courts.

Last edited by trrk : 7th October 2008 at 19:55.
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Old 7th October 2008, 20:01   #79
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The sections are - IPC 279, 337 & 338 and MVA 134(b) & 184.
IPC 338 is most serious (grievous hurt) and may attract punishment up to 2 years!

My lawyer will fight the case no? Why I need to be there personally? That's what I am playing him for!! I only need a rough estimate about the fees...any clues?

Of course I will be there when it is necessary, but I don't have spare holidays to travel there moreover the court gets over by 6 pm and there is no bus after that. It's frustrating....and I don't have excess money to take my car there every time and spend some 2500 on each trip. Bus is fine...
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Old 7th October 2008, 22:14   #80
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The insurance case would be handled by a Motor Accident Claims Tribunal court. The insurance people may / may not fight the case depending on the compensation claimed.
If your point is that you should not plead guilty because it will affect the insurance claim; it makes no difference.

Findings in criminal case is not relevant in civil courts. THere are innumerable cases where a finding of rash / negligent driving by criminal courts were ignored by the civil court (hence no civil liability); and the other way around too.

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This is usually handled by one of the lowest level courts.
Judicial Magistrate of First Class. Or the Metropolitan Magistrate, if it is Mumbai, New Delhi, Calcutta or Chennai.

Quote:
he sections are - IPC 279, 337 & 338 and MVA 134(b) & 184.
IPC 338 is most serious (grievous hurt) and may attract punishment up to 2 years!
279 IPC is driving negligently.

337 and 338 relate to causing hurt and grievious hurt by rash and negligent driving.

184, MV Act, is driving dangerously. 134 (b) is failure to report an accident. You are liabile to be punished twice - 279, 337, 338 IPC and and 184 MV Act deal with same act; so only one punishment together. 134 (b) is a different act altogether; and a different punishment for that.

Translated into plain English, you are accused of a "hit and run" case; where the alleged victim has some broken bones.

The court will give a copy of the charge sheet to your lawyer. Ask your lawyer to give you a photo copy. Convert that into text, and after translation (if necessary) post it here.
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Old 8th October 2008, 09:53   #81
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Yep, I am aware of details of the IPC & MVA sections. Thanks to google! So IPC 338 may attract inprisonment up to 2 years.

And as I said earlier, irrespective of anything -- I will not plead guilty! Even the idea itself is infuriating!
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Old 8th October 2008, 12:38   #82
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Hi BaCkSeAtDrIVeR,

> If your point is that you should not plead guilty because it will affect the
> insurance claim; it makes no difference.

Oh! That is news to me.

> Findings in criminal case is not relevant in civil courts.

My only experience about such cases was the one where I attended everytime with my sister. Here we fought the case in the criminal court and won. The same lawyer also fought the case in the MACT and the case was won there too.

I just assumed that the criminal case verdict was a crucial factor.

In my sister's case, the accident did happen. The child was playing on the road even before the accident. The minor injuries were attended to and fully treated in a hospital the bill paid by me. No police case was registered at that time. Some lawyer (turned out to be my late father's very close friend) made them file a case six months later.

The initial case was registered in a relative's name with a wrong car number and to sort the problem for them, we brought my sister and her car down here to the police station. We won easily because of the shoddy way the case was concocted.

Thanks for the correction.

@manish:

Fairly or unfairly, I have attended the court a few times in different cases. I think excuses for not attending as an accused is quite limited. It is more like you are guilty unless proved innocent rather than the other way that it should be.

I do feel sorry for the mess you are in for no fault of yours.
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Old 16th January 2009, 13:06   #83
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"Findings in criminal case is not relevant in civil courts. THere are innumerable cases where a finding of rash / negligent driving by criminal courts were ignored by the civil court (hence no civil liability); and the other way around too."

Can someone explain the above statement in detail? Under what circumstances?
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Old 13th June 2009, 12:59   #84
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I really wish this gets over. However there are no updates ..
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Old 4th November 2009, 19:48   #85
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@manish7 any updates on this thread?
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Old 5th November 2009, 16:47   #86
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Manish,
Hope this is sorted out at the first hearing itself. Hope they haven't taken any action against you.
Hope everything ends well.
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