If a motion to quash has been filed,which of the following is MOST likely to be true?
Its for medical billing and coding.. If a motion to quash has been filed, which of the following is most likely true? A- The patient has signed a n authorization for release B- Medical records have been subpoenaed C- A malpractice suit has been filed D- A breach of confidentiallity has occurred Some one help please? Thanks :)
What is re quash of summons?
"Re" means "the reason for" or the "purpose of." "Quash of summons" probably means to "quash service of summons." This is an attempt by a party to a lawsuit to get a court to disregard the service of a summons on them. That person is claiming that there is some sort of procedural defect with the way that the summons were served. You are probably seeing this phrase as part of the title of a document like "Order to show cause re quash service of summons." The whole title of that means that the court is going to hold a hearing and at the hearing the court will decide whether the summons were served correctly or not. If they weren't the court will make an order that deems the service not valid, and the plaintiff (the party who brought the lawsuit) will have to serve the defendant all over again. If you go to the hearing, make sure you use the word "quash" and not the similar-sounding but very different-meaning word "squash."
In India, can FIR be taken back by the complainant?
One has to understand that FIR is a complaint registered about a cognizable offence. Police are bound to register a FIR reported to them and once a FIR is registered, police must launch an investigation into it (except when the investigation can be refused under the provisions of Cr.P.C. because of the petty nature of the offence committed.)There is no provision of withdrawing the FIR, once registered under sec.154 Cr.P.C. However in Indian Laws, every eventuality is considered and provisions are made for the rectification. If the offence registered is not of petty nature but, after launching the investigation if it is revealed that the FIR was registered due to a mistake of fact, Police report the findings to the court and Court accepts the report and issues C summary, the investigations are stopped and all further proceedings are dropped.There is one more provision according to which, some of the offences of Cognizable nature are of Compoundable nature, it means that the rival parties can settle the matter out of court and inform the court accordingly. If one checks a book of Criminal Procedure Code, at the end of the Code, there are a few annextures. In the Schedule 2, a chart about the nature of the offences like Cognizable or non cognizable, Bailable or Non-bailable and Compoundable or Non-compoundable.
What if I don’t take a summons for a civil suit?
If you refuse to accept it from a process server, the server will merely post it on the door, with a witness on hand to verify that it was properly posted. That is sufficient for you to have been “served”. Once that is done, it is the same as if you received it into your hand.If you ignore it, you can be held in contempt of court, and if you are the defendant in a civil trial (such as for an unpaid credit card bill), the judge will usually find in the other party’s favor automatically.
Failed to appear at the court for shoplifting?
I was caught while shoplifting a pair of flipflops worth $44.99 about 2 months ago. It was my first time going to the police office/getting arrested, horrible feelings. I was released after about 5 hours with the complaint-summons. I completely forgot about the summons and missed the date, failed to appear at the court..What should I do? I am in so much panic right now its killing me... it says a warrant may be issued for my arrest if I fail to appear...am I going to go to jail? what should I really do.. please help me..
What happens if someone had a police case filed on him or her, has not mentioned it in the passport application, and is now waiting for the police verification to happen?
Both ways .If the police finds out on their own (1) If it is a serious crime , invoving moral turpitude i.e. murder , dacoity , rape , etc. They shall rept. Negative that is nt fit to be issued passport . (2) If it is summons type case of lesser gravity , they will recommend, bt finally R.P.O. decides , with a note , that in view of the ongoing case , it is better to wait fr final outcome frm the court of Law. IN both ways u will nt be issued passport immediately. And with any stroke of Luck police doesn't find out , he may get itBut chances & probability is 60 %- police finds it out . And 40 % doesnt. It depends on conviction register. Upvote me if i explained u well!
What should I do if a district judge issues a NBW (non-bailable warrant) in a fake complaint/case in court?
First and foremost - if a NBW is issued against you , abscond immediately from your address. Otherwise you can be arrested and even placed in judicial custody until you can get bail.Following this - apply for anticipatory bail with the court through a lawyer. However do get a lawyer to represent you in the court.Once you get AB - you can appear in court and the NBW will be recalled at a cost of Rs. 100-Rs. 500 as the case can be.If you dont get AB at District COurt level, apply to High Court. It may take 2–3 weeks but until you get AB - avoid going to the house so that NBW cannot be executed.Also get a lawyer immediately - the lawyer may negotiate with the police to withold execution of the NBW until you get AB. It may cost around Rs. 2 - 10 Thousand.
What are legal remedies if someone files a false case of SC/ST attrocities act against you?
The schedule Caste and schedule caste (Prevention of Atrocities ) Act, 1989 was created to protect SC’s and ST’s from the cruelty and injustice happening against them and not to give them a right to file false cases. And it is well known fact that one who comes into equity(for justice