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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Manoj Deka   12 March 2012 at 13:15

Bank loan grantor

Dear Sir,
Please guide in the matter of: a loan was applied by an individual stating that other two person will be grantor and equal partner in a construction work so one of the partner mortgage his land & building to the bank accordingly the bank sanctioned an amount of Rs. 5,00000/- since all the three person stated that they will do business in the name & style of XYZ as there were no bank account in the name of xyz firm so all the three partner gave a written submission to the bank stating that the sanctioned amount may be deposited in the persons personal A/c who mortgaged his land & building but this partner never invested the amount in business but now this person has lodge a criminal case against the individual who initially applied for the loan.
Now is the case maintainable since no correspondence for taking or giving money were ever done, not a single voucher or money receipt or bank transaction were made with the first person.

Please advise how to proceed

Aniket shatma   12 March 2012 at 11:57

False fir against my father

Dear Sir,
Today we were shocked to see police for the first time on our doorstep and thus I came on this forum to seek help.
My Case: on a single piece of land constructor has made 4 houses and a common path for travelling and parking, our neighbour then further extended his front encroaching our front, which led to many verbal confrontations, but we stayed calm and raised no complaints, but now matter worsened and he started declaring our front as his way and then we complained to his bosses where he worked, now agitated he made a stupidly, insanely false FIR stating that my father is involved with mafia and these people come and go in our home regularly and which is causing him trouble.
Now, my father has a very good reputation in market, he pays taxes on time, all his calls are traceable to the people with my father deals in business, so my point is that i think proving this FIR as false is not that tricky.. so am I wrong? also how should we proceed about it, so that he is punished and also stop his encroachment..

Please help us with this dilemma as we have no exposure to the legal proceedings in any way, also I believe that he has bribed the police as the police went to his home first and then came to ours an hour later.

Thank you for your time

dr pankaj patil   12 March 2012 at 10:52

Abt withdraw of rcc....

whether state is empowered to withdraw RCC from court of law ? and under which section ?
what are provisions ?

MARIE at law   12 March 2012 at 10:41

304b ipc

Dear Sir
Is there any time bound for RDO inquiry in 304b cases ?
If the police can reg. a case directly304b ipc without crpc 174? (girl suicide at her parental home)
Inthat case How the RDO inquiry valid without crpc174?
Is it right that RDO refused to hear our statement?

arunkumark   12 March 2012 at 08:16

Ipc 326/324/504 etc

If in a state case a complainant is failled to appear in the court for his deposition and cross examination even after serving a court summons then how long the court will wait for his appearance.
What action should be initiated against him by the accused/defense lawyer.Can he apply in session court or high court.please advise briefly.

PARTHA SARKAR   11 March 2012 at 22:20

Sec 156(3) on counter gde

Kindly advise on the folowing situation:

1. A false GDE registered neighter at my own jurisdiction nor her own jurisdiction. Filed at execution Court jurisdiction mentioned "……on 20.12.2011 when the petitioner went to Alipore Court for taking information about the Restoration case suddenly the O.P. alongwith two unknown persons chased the petitioner alongwith her cousin brother. The O.P. and two other persons tried to take them away forcefully and threw filthy language and obscene posture to them. On raising alarm O.P. & other two persons managed to fled away. At the time of their departure, they treated the petitioner with dire consequence. For the safety the petitioner lodged an F.I.R. at Alipore police station bearing No. P.S. GDE No. 1962 dt. 20.12.2011”

2. I have registered couner a GDE on 25.02.2012 enclosed all supporting documentary evidance after harrasment by the said PS.

3. Due to above I wrote to Commissioner of Police, Kolkata.

4. On 05.03.2012 they have issued a acknowledgement memo mention "Neocssary steps are being initiated for redressal of your grievance/grievanccs".

5. Kindly advise this GDE will be vital for me to get at the truth if they do not convert it as FIR I need to file 156(3). Which section should I quote? sec 182, 211 or which other relevent sections of IPC?

Chetan Pardakhe   11 March 2012 at 22:11

Defmation

that the person send letter to the 10 shopowners and also to the Banks of that town mentioning in it wrongful facts and defamatory contents about my client


1)whether I can file a complaint case u/s 499, 500 IPC and any other provisions pls guide

2) For filing complaint case whether police complaint is pre requisite.

pls guide with any citatiosn and provisions
Regards

jatin sharma   11 March 2012 at 22:07

Conflict between expert advice acc to sec 45 crpc

hi,my Query is that I am a handle some one case which is 325 323 34 IPC. the mlr report which made by dr is died. the prosecution gave the application to magistrate that they want to examine the other doctor which is present their on the spot where examine done.but acc to first dr report he was only present there. so i want to know that is there any citation which is dined is application. reply urgent.
thank in advance.

R. K. Prajapati   11 March 2012 at 21:59

False dowry case frame-up is cruelty against husband


Dowry frame-up is cruelty against husband
Please See:-

Source :>> TOI,pg11: Delhi Edition 21/01/2008

Akbar Khan   11 March 2012 at 20:52

498-a & 406 mental agony

I have asked this query earlier also, was given good suggestion by respected experts. I am facing mental agony now & also embarrassment from my officials also because of 498a & 406 hearing as I have to take at least 3 to 4 days off from my office. Please advice brief of the case ,
Married to a Lady in 2007 as per Muslim rituals both being Muslim(Mehar paid in full).the said lady on Jan 2009 left the house for two days but till Nov.2009 did not returned back despite repeated request. Ultimately on Nov. 2009 I divorced her through a divorce deed (Talaqnama), dispatched through registered post to the available address of the said ex-wife, which she refused to accept, but the lady filed case for the maintainess of baby after 5 day from date of dispatch of divorce deed, I accepted to pay max amount under this section to my baby as she herself being an employ, later in Oct 2010 the lady filled a case of restitution of Conjugal right in District Court, She also filed an FIR for 498A & 406 against me & my whole family in police, which culminated into challan in Court & which is pending for disposal in court, the police submitted Challan against me only & dropped my family members . After some times she filed an application in Women Commission, where I filed my objects but the commission gave the lady three recommendation against me at the back of me. The lady also filed same complain against me & my family in Human Rights Commission, I filed my reply there also & mentioned them all the cases which are pending in court.
Now my request is
1) For 498A & 406 from lost more than a year I am moving in court, I am in mental agony kindly advise me what to do as so for more it has charged nor discharged, even though all the allegations given by them are baseless. Kindly, advise how to handle this case as I am employ in an organsation.
2) What the role of SHRC is when all these cases are pending in different Courts, what sought of Human right violation I have done, as my Ex-wife & her father are saying I have violated their Human rights. My ex-wife & her father are dragging me here & there, torturing me. Kindly give me advice about my case in SHRC.