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

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Dr Kulwant Rai   04 December 2011 at 07:09

Access to medicolegal report


I’m working in the deptt. of surgery in govt. medical college. The patients with some injuries ( medicolegal nature) are admitted in the surgery deptt. under our supervision. The forensic deptt. of our college prepares the medicolegal report. I sincerely feel that we can better treat the patient if we know the medicolegal report also.e.g. what are the particular injuries they have kept under observation for surgeon opinion, the number of injuries they have noted./the number of injuries surgery deptt. has noted on the person of patient. So that there is no discrepancy later on in the court. So one deptt is treating the patient while other deptt doing the medicolegal work on the same patient. The forensic deptt takes it granted, that we supply them full record of the patient, and they don’t want to share the MLR with us. In particular case I requested for(in writing) the MLR of the patient, before giving bed head ticket . I have received a letter from that deptt. under which rule I want the MLR of the patient? I know, the reason( they want to hide their misdeeds)
So I want to know is there any rule under which a treating surgeorn can demand for the MLR of the patient.

Anonymous   04 December 2011 at 07:06

Query on defamation

Sir, Need an advise, President and other members in our apartment wants to file a defamation suit against a person for using words like criminal and corrupt in the heading of the letter forwarded to Hon'ble LG of Delhi accusing the members of the society for some reasons. Since the resident used these words in his letter as heading, however the letter does not contain any particular names, however, it was intended for the President, Secretary and the other members of the society. The president and other members of the society wish to file a defamation suit against the resident. How to send a legal notice and what should be contents, any template for the notice would also be advisable.

Sunil Kumar   04 December 2011 at 02:11

Electricity theft - false implication

Local MSEB (Maharashtra State Electricity Board) officials are trying to falsely implicate me in electricity theft case. I seek your help & guidance by informing me about my rights.

Please find below the description:

My residential electricity meter was working fine since 2007 till Aug, 2011. When i received bill for the month of Sep, 2011 it showed Zero reading for the month & the bill was for just Rs 30/- towards rental.

Realizing that something is wrong with electricity meter, I immediately submitted a written complaint in the last week of Sep, 2011 with local MSEB office asking them to please repair / replace the meter.

Since no one turned up, hence around 8-Oct-2011, i once again registered the computerized complaint by visiting MSEB Head Office in our area.

Even after registering 2 complaints, no one turned up. Hence i sent my complaint to MSEB Head Office in Mumbai via internet in 3rd week of Nov, 2011.

Due to this high level complaint, very next day 2 lineman visited o my house & said they will inform their officer & he will look into it to repair / replace the meter & they left.

Very next day, same 2 lineman again visisted our house & informed that their boss has called us as it is a case of electricity theft via direct line.

We met his boss & explained him that we have never done anything to the meter. Also the fact why would we complain to MSEB if we would have stealed the elecricity.

He was not ready to listen to our points & was threatening us by telling he can lodge FIR against us.

We are innocent & have not done anything wrong.

MSEB officials have not done any panchnama nor have taken our signatures which is normally required in theft cases.

They have finally replaced our meter in 1st week of Dec 2011, however they are threatening us that they will file police complaint.

Please help.

J.C.Mishra   04 December 2011 at 00:02

Police inaction

What can be done if police does not initiate action against the de-facto complainant under section 182 and 211 of IPC, and simply reported the case as mistake of facts and not false before the court to save the de - facto complainant?

insaniyat   03 December 2011 at 21:24

dvc dismissed, what next?

Hello Experts,

Hurray!

My DVC case had been dimissed by Lower Court saying that she made unjustified act by filing false case against her in-laws (My Mother and Sister). Further, she made false allegations against myself with no proof at all. Court says that it is not safe to rely upon her evidences, hence the Court found that she has unjust enrichment from her husband made false claim U/s 19 of the Act.

Hence the case was dismissed with No Cost.



Previously while DVC was running in Lower Court, my advocate approached HC to Quash 498a. HC ordered to go for trial, however my physical appearance in court is not mandatory unless required.



My question is what next step should I take?

1. On the basis of DVC judgment, Shall I approach HC for Quash 498a?

2. What are the other options to get rid of 498a?



Thanks in advance.

regards,





Never Give Up


J.C.Mishra   03 December 2011 at 20:37

False case

Sir, due to some paternal conflict my aunt has lodged a case under section 420, 506 etc in my name along with my father`s name and my brothers name. when I came to know about it, I immediately sent a letter to Chief Manager of the bank from which it was alleged in the FIR that we have taken the money through forged means.
The manager gave me in writing that the money involved is safe and due to a complaint filed earlier by my aunt, the money has been shifted to another account. My aunt knowing that the money is still safe lodged one false case against us. Now the police have submitted a final report in the court that the case is a mistake of facts and the case is still pending for disposal. I wanted to file a case of defamation against them. Is it possible and where to file it.

Anonymous   03 December 2011 at 17:37

Discrepancy in fir eyewitness medical report--any value of it??

My case is at Delhi Tis Hazari. Cross examination in criminal trial of mine under ipc 307, 324, 34 is going on. I was falsely implicated. FIR states I fired my pistol upon seeing the complaint on the 2nd floor. Eyewitness says I fired the pistol on the complainant when he was entering his house on the 9th floor. Public prosecutor says it is minor discrepancy, there is no doubt at all that the pistol was fired since both the complainant and eyewitness mention it. Spot punchnama is conducted between 2.30 pm and 4.30 pm and the complainant is present on the spot of the punchnama but his medical report was prepared at 3.15 pm. Public Prosecutor says that it is a minor discrepancy since the watches at the police station, inspectors hand and medical hospital are not synchronized with each other so there is bound to be difference between the times noted by different people. Punchnama does not record any forensic gun powder or recovery of any fired bulled or any spot where the bullet is there on the wall...in the punchnama complaint says i fired on him twice, both on 2nd floor and 9th floor.

Do I have any hope of coming out?

Anonymous   03 December 2011 at 13:59

Change of lawyers and change of charge?

wife filled standard 498a cruelty charges hoping husband would give divorce and money to end the case.

but husband refused to bow down,
now wife has change lawyer can she say previous lawyer cheated and made false allegation in divorce petioin and 498a

So, that she can put new charges which husband cannot prove wrong.

Anonymous   03 December 2011 at 12:16

Criminal miscellaneous petition

I want to know what does Criminal Miscellaneous Petition mean and which section governs it??
What is difference between Criminal Miscellaneous Petition and Writ Petition??

Adv. Hemant Bhand   03 December 2011 at 11:54

Return of property.......

Hi Team,

I have filed an application u/s 451 and 457 of Crpc for return of property.
Brief story of the case : My clients gold had been stolen from his house and the police have recovered the gold in form of ingots from 3 thieves. I need exact case law on return of gold ingots.

Regards

Adv. Hemant Bhand