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

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V.N.K. MENON   05 October 2011 at 17:00

Limitation of police

I had heard some argument by an advocate that Supreme Court had held in certain case(s): "Police cannot sit as judge and give judgment". At that time I did not think it worthwhile, but I need the details now.

Can anybody able to give the citation etc for my present use, please.

Thanks



Vinay Rana   05 October 2011 at 14:13

Advice needed - forgery

I have been depositing Tax through my CA. Recently I got a demand notice from Income tax.

When I checked tax paid details, I noticed that the receipts look fraud. CA has not been depositing the money and just giving a fraud receipt.

What legal option is recommended in this case? Please advise

Anonymous   05 October 2011 at 07:20

Regarding be judge

Sir. What are eligibilis for be high court judge or supreme court

Anonymous   04 October 2011 at 21:26

Noc granted

Respected Sir,

One of the flat owners of our society was granted an NOC in the year 2003 by me. Now there are claims of property tax and ground rent on that flat from 1990 to 2003 and the new owner of the flat is claiming that money from me.

Please guide as i had given the NOC for only maintenance charges.

Please assist.

Anonymous   04 October 2011 at 19:07

Reply to criminal appeal

Can any lawyer friend help me to provide the format for reply to a criminal appeal u/s 378 (4) CRPC. I would incorporate the grounds in it. I just need the format for reply.

Warm Regards,


Anonymous   04 October 2011 at 14:40

Lost passport and want to renew same.

Hi All,

I have an accident case pending in Delhi court u\s 279/338.Currently I am in Mumbai. I have lost my passport and urgently need to travel. As per passport rules I need to file an affidavit indicating that I have no pending criminal cases againt me for talkal application.
Infact as per normal passport rule I need to mention in my application that a case is pending againt me and need to get a noc from the court.
My passport was with me and I have not received any order from court regarding my ineligbility to leave the country. But since I want to get a passport on urgent basis what steps I should follow?
How long it will take to get a NOC from court? Can I file an application on any date and get noc from the court or I have to wait till my next hearing?

Anonymous   04 October 2011 at 13:27

Ipc forgery - 420 & 468

Dear Experts

Any good criminal lawyer available in Bangalore?

I have been charged under sec 420 & 468.

Chargesheet not yet done.

Please send me the contact nnumbers imdtly

prashant verma   04 October 2011 at 10:51

The sc & st prevention of atrocities) act,1989

Sir, there are few points and facts are my querries:

1)The FIR is registered by Police Head Constable;

2) The Investigation is done by ACP and later on it was transferred to another Investigating Office (I.O.) and the Second I.O. was not examined by the Prosecution Side who prepared and Filed the Chargesheet.

3) The word "Maherin" (Mahar) was uttered as alleged to the Complainant(lady)by Accused when the 4 to 5 ladies had forcefully entered alongwith the Complainant in the residence of the Accused.

4) The Complainant admitted that after incidence they went to nearby Police Station at around 10:30 a.m. stayed in Police Station and finally the complaint was lodge by the Complainant at 10.50 p.m.at night.

5)The other witnesses said that the Accused uttered 3 times the word "Maherin" to the Complainant whereas the Complainant say that the Accused only uttered once. There are several contraditions and ommissions which are already brought on record.

6)The Spot Panchnama is proved to be false as other Punchas denied the presence of Complainant when the Panchanama was prepared by I.O. The I.O. also stated that the Sketch Map was not properly prepared.


7) There are several police complaints made by the Complainant and the Accused has also made complaint witha the Police Station regarding the threatening given of indulging the Accused in false cases.

8)Sir I want to know that in this case it is nowhere mentioned in the statement/complaint that the Accused was aware of the caste of the Complainant. So whether burden would lie on the Accused to prove that he was not aware of the caste of the Complainant or it is matter of Argument?


8) This is my first Session Trial and I know there is a chance of acquittal. But I still feel because the Court also belongs to S.C. caste and have opinion that the Complainant's evidence is sufficient and reliable though at the same time other witnesses depositions are full of contradictions and ommissions.

So please, give your valuable guidence, with relevant latest case laws if possible,to me and help me to in this respect.

Sir, I am expecting your point wise answers to my querries.

Thanking you, Sir

(Adv. P.S. Verma)
prashuadvverma@gmail.com

498aVictim   04 October 2011 at 09:32

Bail by police officer

State: U.P.
Offense: 498-A

Question 1: What is the duration of the Bail granted by the Police Officer during investigation?
A. Till Charge Sheet is submitted
B. Till Cognizance is taken by Court of Magistrate
C. Till trial completes in Court of Magistrate

Question 2: Can CJM cancel the bail granted by the Police Officer?

Question 3: Reading Criminal Procedure it is stated that Bail granted by Police Officer cannot be canceled by Court of Magistrate. It can only be canceled by Sessions Court of High Court u/s 439 CrPC. If this is true AND there is no limit as such to the duration of Bail given by Police Officer, then ideally such Bail should last till the end of the trial. Please clarify.

Question 4: I have also read that U.P. procedures are little different with regards to Bail. Please clarify.

Thanks.

Mukesh Gupta   04 October 2011 at 07:56

Bail

This is regarding arrest under Section 120B Cr.P.C and 420, 467, 468,471 & 472 where a CA professional is entangled by the main accused named in FIR. Ca is not named.Some forged documents have been found from custody & premises of main accused. Nothing found from the person & premises of CA.CA in Judicial custody. 36 days. Bail asked for, denied 20 days ago. What is the best remedy.The documents alleged to be forged & found from main accused pertains to bank loan letters & not loan santion letters.