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salilkumarp   08 October 2008 at 18:15

kerala abkari act

sirs,
facts of my case is that 3 persons were found transporting indian made foreign licquior from pondichery state to kerala state in an auto-riksha.
accused no. 1and 2 were passengers sitting in the back seat carrying the entire contra- band articles.nothing was recovered from the possession of a 3 (driver).excise officals also admitted that they have not seen driver helping the passengers to put the mo in to his auto also.
I AM FOR A 3(AUTO DRIVER) ONLY.
IN THIS CASE, EVEN IF THE ENTIRE PROSECUTION CASE IS ADMITTED, IS IT NOT A3 ENTITLED TO ACQUITTAL ?
I AM TOLD THAT SUPREME COURT HAS MADE THIS POSITION CLEAR IN 1967 STATING THAT IN SUCH CASES PROSECUTION HAS TO PROVE THAT MOS WERE TRANSPORTED WITH THE KNOWLEDGE AND CONNIVANCE OF DRIVER ALSO.OTHERWISE, DRIVER IS NOT LIABLE.
ANYBODY, HAVING THAT PARTICULAR RULING/ ANY OTHER LATEST RULING, REPORTED IN AIR,CRIMINAL LAW JOURNAL. KLT, KLD,
PLS FURNISH

THANKS

Legal Fighter   08 October 2008 at 13:01

Application for production of documents

A domestic violence case has been lodged against me in which i have file my reply. the case was put for submission of rejoinder but the complainant moved an application requesting the court to direct me to submit documents which i have relied upon in my reply so that they can file the rejoinder. now my question is there such any provision in CRPC for submission of documents before rejoinder? i think its upto me at what stage i want to submit those.. court can't force me to submit those in consideration to rejoinder. pls advice.

K.C.Suresh   08 October 2008 at 05:56

Dead Marriage

Since the marriage between the parties is dead for all practical purposes and there is no chance of it being retrieved, the continuance of such marriage whether would itself amount to cruelty?

jas   08 October 2008 at 00:03

regarding ancestral property

i belong to sikh family. my grandfather came from pakistan and was alloted land in punjab.he died without making a will.he has 3 daughters and one son(my father).my father transfered this land on his name and got the share written on his name from his sisters as well.we r two brothers.me,my brother and mother stayed away from my father for 15 years.but after 15 years we went back to stay with my father.my father transfered some land on my mothers name.now my parents are selling all the land that was alloted to my grandfather.i want to know if this is my ancestral property as my father states that we never resided with him so we never formed hindu undivided family and so its not ancestral property.so can i ask for my share in it i'm an NRI.ANY FAST TRACK COURTS DO THEY EXIST FOR NRI's
my grandfather passed away when i was 17 years of age

rkchopra   07 October 2008 at 18:45

Denial of medical, pensionary benefits to VRS optees

IFCI (having its registered office at 61,Nehru Place ,New Delhi-110 019),a Public Financial Institution, originally established as a statutory corporation by an Act of Parliament in 1948(15 of 1948) and the first Government Institution converted into a company at the threshold of liberalization by another Act of Parliament i.e. The Industrial Finance Corporation (Transfer of Undertaking and Repeal) Act,1993, No 23 of 1993 is for all practical purposes an instrument of the Government Of India(GOI has recently directly extended IFCI loans/grants amounting to more than Rs. 5000 crores spreading over 2002/03 -2010/11)

The Section 8 of the above said Repeal Act explicitly protects the service conditions of the employees. The position was reaffirmed by the then Honorable Finance Minister of India on the floor of Lok Sabha on 3rd July, 1998 in reply to an Unstarred Question No 2786

Now IFCI in gross violation of three decades old policy of following Industrial Development Bank of India (IDBI) in relation to pay scales, pension and other service conditions, by shifting the cut-off date of revision of pay scales , has deliberately denied its 286 retirees their revised due pension, outstanding wages, medical and other related benefits.

Under the circumstances and based on above facts, what VRS optees (who are mostly senior citizens) can do so that they can get releif in a shortest period without incurring much expenditure. For any further informaion pl contact Mr Handa at 9868338030

Rajaram C Iyer   07 October 2008 at 15:14

Suit for damages

Dear Members,

Please give a format plaint for suit for damages

Shikhar Khanna   07 October 2008 at 15:13

change of KARTA under HUF

My father passed away this year and he had a HUF property. As he has left no will, my legal advisor asked me to create a family membership certificate attested by the local court and executed by the Disctrict Magistrate of Kanpur so that I could operate the bank account of the HUF as the acting KARTA, me being the eldest male of the family. Please let me know if i need to posses any legal document to declare myself as the next KARTA for the same HUF account for any other legal matters like selling the HUF property. For eg. My father had invested some money into government bonds under the HUF account. How do i legally convey them that I am the new KARTA and how do i redeem the bonds after they are expired. Please let me know if the FAMILY MEMBERSHIP CERTIFICATE is enough to prove my identity as the new KARTA or i have to posses any other legal document for the same ?
Moreover i do not want to file for succession in court because my legal advisor advised me that it takes a lot of time and the expenses are huge. Please assist..

advocate satya   07 October 2008 at 14:10

eligibility for JUDICIAL EXAM

sir
if someone pass out llb in the year 1998, but did not regd with bar council, he has made regn in the year 2006, can he eligible for judiciary exam which require seven years of practise

advocate satya   07 October 2008 at 13:10

juridiction of court

sir
if someone resides at delhi and have a property at kolkata ,if any dispute arises with some neighbour at kolkata for the concerned property can a case would be filed at delhi court as the complainant resides at delhi, pls advise

Rameshchandran   07 October 2008 at 11:10

Regarding the celing limit in Urban area in karnataka

Dear Members of the Legal fraternity,

Can any one share their knowledge with regard to the celing limit of land in urban area in Karnataka.
I also wanted to know about the solution for getting legalise the exceeding holdings in urban area.
Whether any procedure for holding more than the limit by getting exemption.

We are holding 60 acres of land in urban area.If it exceeds the limit of Urban celing in karnataka, what we should do to get it legalise.
If any of the members of legal fraternity having any knowledge of the fact, kinldy through light on this subject or atleast let me know the books i have to refer to find out the position.

Thanking you

with regards,

Rameshchandran