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

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E. Venugopal   17 September 2011 at 20:02

N.i.act

I have read an article written by Varahagiri Prasada Rao in 2011 (3) ALT (CRL.) September, 2011 volume. According to him the Act. 30 of 2001 which added section 138 to 147 of N.I. Act has been repealed vide "Repealing and Amending Act, 2011 (Act.30 of 2001) and the assent of President on 3-9-2001 and published in the Gazette of India dated 3-9-2001 Pt.II S.I. Ex.P.1 (No.37). According to him now there is no Section of 138 to 147, from 2001 years itself, but still the courts are silent and giving punishments and conducting trial. Please experts read the article and share your views about the same.

Anonymous   17 September 2011 at 18:24

Section 27 of indian evidence act.

Whether seal is necessary while seizing of weapon by Investigating Officer under section 27 of Indian Evidence Act?
Plz. suggest any ruling of Hon'ble Supreme Court on the above mentioned point.

Anonymous   17 September 2011 at 17:44

Maintainability of revision

Whether against discharge of accused (in a warrant trial upon private complaint) by Magistrate,,revision petition u/s 397 crpc is maintainable...plz refer some case law in support of maintainability of revision..

Anonymous   17 September 2011 at 13:08

Corporate connection - daugher use

My Father in law gave mobile corporate connection in his name and official address to her daughter(My wife).

I am paying bill for her for last 3 years. Now, they have filed dowry case against me.

1. Should i give statement that how can i ask money from my father in law instead I am paying his bill for last 3 years.

2. Can this be a case of misuse of official resources/funds.

3. Is this a offence in eyes of Mobile Services provider (BSNL etc.)

Thanks

Member (Account Deleted)   17 September 2011 at 10:40

Telephonic conversation as a evidence

can telephonic conversation be treated as a evidence? what is proper way to do it? does an expert from laboratory is needed as a witness?

surendrababu   17 September 2011 at 09:54

Civil and criminal cases on same cause of action

"A" filed a civil case against "B" for recovery of money under an agreement said to have been executed on a stamped paper by "B". The case is pending in District Court.

"B" filed a criminal case against "A" on the plea that "A" has stolen the Blank stamped papers from his house and created a fabricated agreement of his forged signature and filed the above civil case.

Can "B" is entitled to file a criminal case against A when there is a civil case against "B" is pending.

Anonymous   17 September 2011 at 07:51

False statement to office/head office

I am my wife is on verge of divorce and fighting many cases in court.

I came to know that my wife has submitted wrong statements regarding her address proof in writing through email to her office/head office.

What action, I can take in this case. Which sections are attracted in case of intentional false statement or concealment of truth.

Is this will be termed as fraud as well. Kindly guide. Thanks

Anonymous   17 September 2011 at 07:33

Money laundering & pml act along with kyc

Sir
I have sum up in brief. one of our relative registered a conveyance deed of our joint property with the help of forged,fabricated and engineered power of attorney.In the conveyance deed he has received post dated cheques as consideration.on the same day of registration we all other co owners came to know the transection but of no use, because the document was already registered with the help of forged P.A.
We have made police complaint immidiately. Appoint Advocate for the case and file a civil suit. In regrds police and Advocate sent the notices to the purchaser and P A Holder. but no reply from them. police given a letter to bank to stop the payment of the post dated cheques. Mean while civil court also served summons through the belief in person.
But after all this things purchaser has oppened the savings A/c of P A holder in his bank after 3 months. deposited that cheques and withdraws cash of30 lakhs on the same day which was transfered from his A/c.He has done this transaction for cosequtive 3 day & withdraws cash 80 lakhs in total from NEWLY OPPENED SAVINGS A/C.
NOW THE THE QUESTION IS
1)HOW CAN BANK ALOW THIS TYPE OF TRANSACTION IN A NEWLY OPPENED SB A/C?
2)HOW CAN WE KNOW THAT THE BANK HAS DONE RISK PROFILING OF A/C HOLDER AS PER KYC NORMS?
3)WE HAVE RECIVED A STATMENT COPY FROM POLICE , IN WHICH THAT P A HOLDER INFORMED POLICE THAT EVEN OPPENING , DEPOSITING CHEQUES AND WITHDRAwing he has not received a sinlge rupee from the purchaser as he has not reced. that cheques in his hand. But it was with purchaser himself. now the cash is also with purchaser.
IS IT NOT A CASE OF MONEY LAUNDERING & PMLY ALONG WITH BREACH OF KYC NORMS?

NOTE: THE BANK IS A CO OPERATIVE SCHEDULED BANK.
4)HOW CAN WE TAKE CRIMINAL ACTION AGAINST BANK? BECAUSE BANK'S GENERAL MANAGER IS ALSO MISGUIDING RBI CELL ABOUT THE TRANSECTION.

Anonymous   16 September 2011 at 23:22

Signature

Sir,

Now a days, Registrar of company has provide online portal to upload all documents like balance sheet, annual return of company, compliance certificate etc online.

In this case if some one has a copy that is physically signed by the person then the company can use " sd/-" on sign site and can upload the document on ROC website, its ok..

But if some important documents are never physically signed and though the copies have been uploaded by mentioning "sd/-" then can we lodge a criminal complaint against the wrong doers.

And under which section of IPC?


Please reply,

Anonymous   16 September 2011 at 22:31

Sc/st atrocity

Hi Sir,

if any threatens us taking the name of SC/ST atrocity case (even though we never uttered even a single word against them ) how to counter that.

One of my colleague always threatens others taking name of SC/ST atrocity case. and he says that it is non bailable. it is very unfortunate that the law created for protection of weaker sections became a toy in hands of some people .

Is there any way for this .