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04 April 2010 at 10:32
I am appearing for the accused in a narcotic case and it is posted for final hearing.
Facts of the case is as follows :
Please guide me .
Offence u/s 20 (b) NDPS ACT.
ALLEGATION :-
Accused was found carrying 36 gms of ganja, in a plastic carry bag and he was arrested in a public place, on a casual search by the excice officials. ( no prior information).
Prosecution has examined 5 witnesses, and marked 6 documents.
Pw1 and pw4 - arresting officers
Pw2 and pw3- independent witnesses, ( not supported prosecution story ) but they were cross-examined by the prosecutor, without declaring hostile. is it permissible ?
Pw5 – investigation officer
Documents :-
P1 – seizure mahassr
P2 –arrest memo
P3-consent letter u/s 50 ndps by accused , to be searched by the arresting officers themselves( stating that there is no need of magistrate or gazette officers)
P4-occurance rport
P5-property list
P6-chemical analysis report
P7-inspection memo
M.O WAS NOT PRODUCED BEFORE THE COURT, NOR MARKED.
BUT, THE PROPERTY LIST SHOWS THAT IT WAS SENT TO THE COURT, AND THE COURT HAS RECEIVED IT ON THE SAME DAY…..WHETHER ACCUSED IS ENTITLED TO THE BENEFIT IN THIS REGARD ?
Grounds, I believe worth noting are :-
NO M.O WAS MARKED
INDEPENDENT WITNESSES ARE NOT OF THE LOCALITY
INDEPENDENT WITNESSES, NOT SUPPORTED THE PROSECUTION STORY
NO ENDORCEMENT IN THE ARREST MEMO , THAT ARREST OF THE ACCUSED WAS INFORMED TO HIS RELATIVES, BUT IT IS THERE IN THE P7 INSPECTION MEMO
PW 1 AND 4 SAYS THAT THERE IS NO COLUMN IN P2 FOR THAT. THAT’S WHY A SPECIAL P7 WAS PREPARED. BUT, AS PER DK BASU V/S UNION OF INDIA, IS IT NOT MANDATORY, TO INCLUDE IT , IN THE ARREST MEMO , ITSELF ?
NO REPORT U/S 57 IS MARKED. BUT SIMPLY STATED IN THE MAHASSAR THAT AFTER COMPLYING SEC 57, PROPERTY AND MAHASSAR WERE SENT TO COURT. IS IT SUFFICIENT ?
NO FOREWARDING NOTE WAS MARKED.BUT, ANALYST REPORT IS MARKED . IS IT SUFFICIENT ?
I am told that in NDPS CASES, there a lot of citations that before conducting search of an accused. The arresting officers has to offer their personal search to the accused, to avoid implanting of contraband articles.please give me any one of such citations .
Accused has signed in p3 consent letter. But, but p2 arrest memo bears accused “s thumb impression , not signature ! its legal consequence ?
Is sec 50 mandatory in cases or consent letter from accused , while in custody is sufficient ?
Ref : 2002(2)KLT 211 (SC)
PLEASE GIVE MAXIMUM CITATIONS FOR THE ABOVE GROUNDS .
RESPECTFULLY,
SD/-
SALILKUMAR.P
ADVOCATE
THALASSERY
Jibanananda Goswami
03 April 2010 at 21:12
DOEACC Society prints the following condition at the backside of the marksheet
The application of review must reach to their office within one month from the date of printing of the result.
Now in a case I saw, the result was printed on 2nd day of a month and it was posted on 26th.
The question is:-
1. Are they totally free to post the result as per "go as you" process? Can they post it after 40 days of printing?
2. As per the terms and condition, the time will be taken from the date of printing, so if someone receives the result after one month then there is no chance of applying for review. Who will take the responsibility?
3. Can a student ask for the copy of answer sheet from DOEACC (or any exam-authority) through RTI Act? Is there any process to prove that the authority is not sincere in valuation of the exam? (where they make dealy to prevent review).
4. Can a candidate apply for review on the basis of the result published in internet? DOEACC publish the result in their website with a declaration that there is no guaranty of correctness of the result published in internet.
pramod
03 April 2010 at 14:22
Respected Experts,
Please help me to have a proper partnership deed which is in accordance with the principles of law. I would like know in a situation of following circumstances what could be a better legal position in terms of its validity.
My client and his friend would like to start a garment business in partnership. Both of them mutually decided to invest the initial capital in equal and decided to share the profits and loss as well. Here an appropriate place of business was offered by a third person who is a lessee of premises which is very much convenient for the said partnership business. This lessee is only interested in a monthly fixed amount of income and would like to let the premises based on this understanding.More over lessee do not have any business presently running at the said premises and also having no interest in the said partnership. Conveniently the lesser had no objection of the same in this business if he (lessee) is a partner in the said business. My client and his friend would like to be an active partners in the said business and do not want lessee to be in the day to day business and operation of its accounts. In return my client and his friend would pay a fixed amount. But this fact is not known to the lesser.
Therefore, I request respective experts to share an appropriate form a partnership deed which will not violate any provisions of law in terms of sub letting and any other possible infringement laws.
This kind guidance could be a great help, Thank you.
Pramod. K.P.
pramod
03 April 2010 at 14:20
Respected Experts,
Please help me to have a proper partnership deed which is in accordance with the principles of law. I would like know in a situation of following circumstances what could be a better legal position in terms of its validity.
My client and his friend would like to start a garment business in partnership. Both of them mutually decided to invest the initial capital in equal and decided to share the profits and loss as well. Here an appropriate place of business was offered by a third person who is a lessee of premises which is very much convenient for the said partnership business. This lessee is only interested in a monthly fixed amount of income and would like to let the premises based on this understanding.More over lessee do not have any business presently running at the said premises and also having no interest in the said partnership. Conveniently the lesser had no objection of the same in this business if he (lessee) is a partner in the said business. My client and his friend would like to be an active partners in the said business and do not want lessee to be in the day to day business and operation of its accounts. In return my client and his friend would pay a fixed amount. But this fact is not known to the lesser.
Therefore, I request respective experts to share an appropriate form a partnership deed which will not violate any provisions of law in terms of sub letting and any other possible infringement laws.
This kind guidance could be a great help, Thank you.
Pramod. K.P.
arjav
03 April 2010 at 09:43
I WANT TO PURCAHSE A OFFICE, THE SAID OFFICE WAS CONSTRUCTED BY A BUILDER NAME X, AND THE SHARE CERTIFICATES WERE ISSUED BY 3 ASSOCIATIONS A B C.
THE PRESENT OWNER OF THE OFFICE, SAYS HE HAS BEEN NOT ISSUED SHARE CERTIFIACTE.
THE THREE ASSOCIATIONS ARE RIGHT NOW NOT AVAILABLE HERE.
WHAT IS THE RIGHT WAY TO BUY THE PROPERTY, AND FIND OUT WHEATER SHARE CERTIFICATES HAVE BEEN ISSUED OR NOT.
THE SEARCH REPORT IS CLEAR.
visu
02 April 2010 at 21:29
I have income in India (professional income, interest income, brokerage from shares and commodity)
I am placed on job assignment outside India.
Also have income from out of country on professional service. (withholding tax also been deducted and paid in the respective country)
Now, please advise, the taxable income india. Also how to make the amt of tax paid outside india under DTAA
Am I to pay tax in india for the income earned only in India or the total income.
I could be crossing 182 days stay outside India resulting NRI for the acctingn year.
Experts please clarify..
Also advise on NRI Investments in India, particularly on Share and commodity market.
krishna kumar singh
02 April 2010 at 14:02
under what provision of the code of criminal procedure,1973, the plea for discharge of a juvenile be filed
Anonymous
01 April 2010 at 13:16
Hi,
Can anyone guide me about the new daily wage rate (Basic+D.A.) for Textile industries in Gujarat?
Thanks & Regards,
Chinmay V. Nanavati.
(M) - +91 9825140477
Parthasarathi Loganathan
30 March 2010 at 19:25
Could the experts guide me to find out all the legal decisions affecting bankers with regard to Civil Suits, SARFAESI, DRT, etc. Any website reference will do. Is there any single database hosting my requirement. Experts may please guide me.
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NDPS ACT
I am appearing for the accused in a narcotic case and it is posted for final hearing.
Facts of the case is as follows :
Please guide me .
Offence u/s 20 (b) NDPS ACT.
ALLEGATION :-
Accused was found carrying 36 gms of ganja, in a plastic carry bag and he was arrested in a public place, on a casual search by the excice officials. ( no prior information).
Prosecution has examined 5 witnesses, and marked 6 documents.
Pw1 and pw4 - arresting officers
Pw2 and pw3- independent witnesses, ( not supported prosecution story ) but they were cross-examined by the prosecutor, without declaring hostile. is it permissible ?
Pw5 – investigation officer
Documents :-
P1 – seizure mahassr
P2 –arrest memo
P3-consent letter u/s 50 ndps by accused , to be searched by the arresting officers themselves( stating that there is no need of magistrate or gazette officers)
P4-occurance rport
P5-property list
P6-chemical analysis report
P7-inspection memo
M.O WAS NOT PRODUCED BEFORE THE COURT, NOR MARKED.
BUT, THE PROPERTY LIST SHOWS THAT IT WAS SENT TO THE COURT, AND THE COURT HAS RECEIVED IT ON THE SAME DAY…..WHETHER ACCUSED IS ENTITLED TO THE BENEFIT IN THIS REGARD ?
Grounds, I believe worth noting are :-
NO M.O WAS MARKED
INDEPENDENT WITNESSES ARE NOT OF THE LOCALITY
INDEPENDENT WITNESSES, NOT SUPPORTED THE PROSECUTION STORY
NO ENDORCEMENT IN THE ARREST MEMO , THAT ARREST OF THE ACCUSED WAS INFORMED TO HIS RELATIVES, BUT IT IS THERE IN THE P7 INSPECTION MEMO
PW 1 AND 4 SAYS THAT THERE IS NO COLUMN IN P2 FOR THAT. THAT’S WHY A SPECIAL P7 WAS PREPARED. BUT, AS PER DK BASU V/S UNION OF INDIA, IS IT NOT MANDATORY, TO INCLUDE IT , IN THE ARREST MEMO , ITSELF ?
NO REPORT U/S 57 IS MARKED. BUT SIMPLY STATED IN THE MAHASSAR THAT AFTER COMPLYING SEC 57, PROPERTY AND MAHASSAR WERE SENT TO COURT. IS IT SUFFICIENT ?
NO FOREWARDING NOTE WAS MARKED.BUT, ANALYST REPORT IS MARKED . IS IT SUFFICIENT ?
I am told that in NDPS CASES, there a lot of citations that before conducting search of an accused. The arresting officers has to offer their personal search to the accused, to avoid implanting of contraband articles.please give me any one of such citations .
Accused has signed in p3 consent letter. But, but p2 arrest memo bears accused “s thumb impression , not signature ! its legal consequence ?
Is sec 50 mandatory in cases or consent letter from accused , while in custody is sufficient ?
Ref : 2002(2)KLT 211 (SC)
PLEASE GIVE MAXIMUM CITATIONS FOR THE ABOVE GROUNDS .
RESPECTFULLY,
SD/-
SALILKUMAR.P
ADVOCATE
THALASSERY
09447536929
advocatesalil@gmail.com