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

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MN Dhungel   01 October 2011 at 17:02

Compromise

Sir i have a matter pending adjudication before the ld CJM Court at Gangtok, Sikkim and in the stage of Charge Considering.sections involved are 420, 465, 468, and 471 IPC. can i compromise the case.as the complainant is willing to compromise. is there any recent SC judgments pertaining to this sir..if plz help me.
i am in need of case Citation.

Maran9500028999   01 October 2011 at 15:16

138 n.i. act

Sir,
We have borrowed 2.5 lac in 2009 binding cheques, org.documents &others. In 2010, we paid the entire amt,with interest and got receipt at that time, when we asked our document, he said he would return it soon. But all of a sudden he issued legal notice to us, till now we nvr recd documents.
Wat to do

anckoora   01 October 2011 at 13:03

Bribery.

Dear Sir,

I was working in a co.as an admin. officer from dec-2010 to 12.08.2011. Due to some inefficiency in my work, I was asked to resign on 12.8.2011. They accepted it also. They didn't give me my full & final settlement cheque till today. Company is saying that they are investigating my work / every transaction / assignments done during my tenure. Now, they are accusing me of taking money (bribe) from vendors & that they have the evidence for this. They also accuses me of taking money from employee to get him a job in the company. In fact I took money from a friend and got him a job in my company. But we have nothing in writing for this money given to me by my friend. my boss says that he has evidence for this. On telephonic convesation with my boss, i said that I have taken money for Mr. X to get him a job.PLEASE NOTE THAT, I spoke word "TAKEN MONEY" and not "TOOK BRIBE".
nOW IF MY BOSS HAS RECORDED THIS CONVERSATION IN HIS MOBILE, CAN THIS GO AGAINST ME ? How will they proceed for legal action ? Can police arrest me on their complain of taking bribe ? also let me know that BRIBE GIVER IS EQUALLY LIABLE FOR LEGAL ACTION (JUST IN CASE OF DOWREY) ?
IF AT ALL THEY GO FOR LEGAL ACTION, HOW SHOULD I GO ?
PLEASE ANSWER ME IN DETAIL
THANKS
ANCKOORA

Mithilesh Kumar   01 October 2011 at 05:35

Advice

Dear Sir,
I am student and advocate trainee. I am going with two-wheeler, and car came speedily then taken turn unexpected very fast, at a time on that car to shove me and be road accident and to wound many portion of the body. Car to run away but I have vehicle number. I called 100 number, police came and we gone RML Hospital. Sir all police and hospital formality have been completed.

So sir please advice me, how can make strong case, give me detail of act and section wise.

Thanks

Anonymous   30 September 2011 at 21:37

498-a & 406

Respected Experts,
I got married to a Muslim lady in oct,2007 as I am also Muslim, but the lady was arrogant from the day one, final I posted Divorce to her in Nov,2009, which she refused to accept. In the oct,2010 she filled a case for Restitution of Conjugal rights & in same month just after a week from filling of RCR she filed 498-A & 406 case against me & my whole family in Women police station, were she mentioned that she left my house on April 2009 while FIR was filled on Oct 2010, after a gap of 1 year & six month & the reason for delay they have given that they were waiting for compromise , the FIR final culminated into challan in the Court in the month of Dec,2010 & the challan was filled against me only. During the police investigation I & my whole family were on bail, we applied in High court for Quashment of FIR ,which later was withdrawn by my advocate after challan was submitted in Court. The Case is in Court is for discussion to see whether the chargesheet is to be framed or not. The lady also applied for Transfer of case to her district which was refused , but Hon’ble High court transferred the case to a centrally located place between me & my ex-wife but the place is in my district.
Your good self is requested to kindly advise me how to handle the case of 498A & 406, & what is the credibility of the FIR when it was filled after 1 year & 6 months after leaving my house as per her statement, and at the same time can I apply for quashment of challan or charge sheet if framed.

Pranav S. Thakkar   30 September 2011 at 19:30

The n.i.act sec. 138 or ipc 420

Dear Sir!

I m complainant saide lawyer.My client was given a cheque.. and the cheque is as " to pay self ".. so there cheque is given named as self. The cheque is not returned yet. but It is possible to get returned.

The other party purchased Goods against this cheque of 'self'. So, The complaint by dishonour of cheque of the cheque maintainable with Sec. 138 of The Negotiable Istrument Act 1881? Or The complaint to be filed under sec. 420 of IPC, 1860. as fraud by showing the cheque of self and purchased goods. then denied to make payment..!

So, which act to applicable in favour of client more effective?

Anonymous   30 September 2011 at 18:47

Cyber cell

1.Where is cyber cell to situated to lodge
complain?
2.what is the procedure of complain?

Legal_Query   30 September 2011 at 18:27

Action which a court can take during stay from hc

Dear Sir,

my query is
trial court grated bail to an accused in 20 NI Act case, with a condition that if he goes for foriegn visit he shall sought permission for the same. when the application was moved for the permission for foriegn visit the same was granted in granted in 19 cases. meanwhile HC stayed the proceeding in the 20th case. when the same application was moved in the 20th case, the court stated that as HC has stayed the proceeding so i cannot grant the permission and had sought some relevant citation/ guidelines for the same.

Pls provide your valuable suggestions/citations

thnks in anticipation of your responses.

Anonymous   30 September 2011 at 16:55

Crpc

What does sec. 302 of the criminal procedure code exactly contemplates??
What type of application is to be made under the said provision?? want example of the said application if any??

V.N.K. MENON   30 September 2011 at 15:49

Property matter- anticipated concocted charges by eowby


Question :: BACKGROUND:

Backgrond = ‘A’ in possession of a property thru lease deed from ‘B’ for running school (regd charitabale) . ‘B’ was member of Gov. Body. ‘A’ made constructions at his own expenses as relation was good.

In April 2008 = ‘B’ takes Rs. 15 lakhs in good faith and signs POA, Agreement to Sell and Receipt & promised to register papers soon after getting permission. ( the land in question is agricultural land and for the purpose of registration other than agricultural purposes, permission is required). Unfortunately, ‘B’ died before registering.

In June 2008 = ‘A’ filed suit for Specific Performance against B’s heirs. They alleged documents fake and filed suit for ejecting ‘A’. ‘ A’ had filed alongwith the suit , an analysis report by private lab that the signatures are genuine in comparison with several other signatures of the original owner.
As on date = both the suits are pending in lower court.
During this time \\\'B’s heirs lured the witnesses and then SHO and SHO had referred the matter to Economic Offences Wing and EOW took up the matter as they were also bribed. EOW through court obtained original papers from ‘A’ and sent to Forensic Lab (CFL).
1) The value of this property is less than Rs. 1 crore. As such, if EOW has gone beyond their brief?
2) If it is so, will it be in order if an RTI application is put before EOW as to how they took up the matter without assessing the value of the property. Or can it offend them?
3) Now EOW is saying that the CFL report is against ‘A’. In the circumstances, whether EOW can arrest ‘A’ in the guise of forgery? ( 3 days notice period for arrest is in force in accordance with anticipatory bail).
4) What about appealing in High court?

PLEASE SUGEST NEXT BEST COURSE OF ACTION BY ‘A’ . Thank you for early reply as matter is URGENT, please.