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

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Vikas   22 January 2012 at 19:08

Who has the right to grant sanction to prosecute

Hi ,
I need a confirmation on who will be the competent authority can give sanction to prosecute a scale 1 officer in PSU bank (Dena Bank). Currently i am not clear on the same. Do we have any documentation clearly mentioning this ?

Regards.

Maran9500028999   22 January 2012 at 15:34

138 n.i.act

Dear Sir
I borrowed loan 2 lac in the yr 2009 by giving original docs,rc book, blank cheques with one of my friend who is a financer, he joined me in chit and took that amount also, where quarrel started between us, and i repaid the entire loan amt after deducting the chit amt and paying addl 10k interest, and gave my property by giving power of attorney in the yr 2010. He also gave receipt for the entire amt. Wen demanded reg security docs, he informed me,he will returned, but not.I sent a letter dated aug 2011 reg return back of my docs. Later in the year 2011, he issued notice dated 30.09.2011 u/s 138 as if i borrowed the loan amt on 01.05.2011 for Rs.2 lac and also he stated he do not have any document and now filed 138 case. I have already paid the entire amt, without getting my doc, What shall i do. I have paid the entire amt, please suggest me what shall i do, only with positive reply.

hanush   22 January 2012 at 14:38

Weapon of offence

is it is not essential for the police must put challan the diagram of weapon of offence if it is essential for the police and only on this fault prosicusion lose the case if any send the citation of the judgement of the same when anser my quarry.

Anonymous   21 January 2012 at 23:52

Jurisdiction

Respected Sir,

Please suggest under 498 is teretorial jurisdiction quashable , the FIR as the real goods have been despatched from Maharastra and Sec 420 and 468 and 471 and 406 have been slapped on the accused who has purchased the goods on good faith by the broker who has in joining hands with the lorry driver changed and forged the invoice and the same has been deposited in the government warehouse by the buyer , but the broker has played all the game which is preplanned. Now a person from Madhya pradesh has lodged the above complaint and claims that the goods are his, but the invoice provided by the brokers is from maharastra (some other party) .Now please suggest and provide some citations to help to quash the FIR under teretorial jurisdiction.

nilesh j rathi   21 January 2012 at 21:44

138 ni act appeal against acquital

in a complaint u/s 138 NI act the accused is acquitted.
where should the compalinant file appeal .
should it be before the sessions court as per the 2009 amendment u/s 372 Cr,pc
should it be before the High court u?s 378(4)

there seems confusion.
also consider the amended def n of victim.

Sanjeevappa. L   21 January 2012 at 21:26

138 of ni act

A issued a cheque to discharge legally enforciable debt in favour of my client. The said cheque dishonoured. My client issued demand notice by RPAD. But, either the acknowledgment or the unserved postal cover returned back. After give complainat to Postal authority have given endorsment on YYYYYY stating that the RPAD served on A on XXXXXX date. Now my question is to count the limitation which date is to be taken into consideration. Whether YYYYYY or XXXXXX. plz provide any citations to support your answer. Tanks in advance, matter is urgent. plz

Anonymous   21 January 2012 at 20:32

Dv case

Sirs,
I filed a divorce suit 3 months back. Just to counter, my wife filed DV case against me. We are married for 20 years. Grounds for divorce are good. I feel DV case is not maintainable. I believe I can apply for squashing of DV case under Section 482 Cr.P.C in High Court. Also there is scope of filing revision petition with Sessions judge. Can you sirs, tell me some judgments on this and which way or ways are the best to squash the matter. It is presently at the ntice stage.
High Regards to all you experts.
But please tell me in as much detail as possible.

Anonymous   21 January 2012 at 18:30

Draft of aba

My ABA rejected by the Hon'ble Special Judge (under PC Act 1988),Session Court, can prefer a ABA before the Hon'ble High Court, under section 438 of Cr. P.C. , pls send my any draft of ABA in HIGH Court after rejecting ABA

Anonymous   21 January 2012 at 18:26

Section 313 of ipc

in my matter the abortion done in the month of March 2011, but the wife and her parents lodged a fIR under section 498A, 313, 406, 506, 323 r/w.34 of IPC,now i.e. 2/1/2012. in view of the above section 313 of IPC is applicable or not. now the police officer is arrested the husband. Any judgement relating on applicability or not of section 313 of IPC later on. Scope of 313 IPC. Now matter kept for argument on bail application.

Pratik   21 January 2012 at 01:48

Evidence act

A person committed suicide and in his suicidal note he stated that the sole reason was defamation.
So can the accused be convicted on the basis of his dying declaration?