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

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yogesh   15 September 2011 at 12:32

Whether filing criminaal complaint is suugestable?

I lived in south Delhi area and on 05/09/2011 some burgulars invade in premises of first floor which is not in our possession and ransacked the home but couldnot find any valuable items and I informed the possession who relates to be my cousin and drafted the complaint letter to the SHO about the incident

Today morning at around 2: 00A.M the robbers/Burgulars tried to invade in my premises at G.F and broke open the latched Locked and entered into veramdah but we woke up and robbers fled away and I call the 100 number Police control room which forwarded my message to the SHO area and PCR van arrived to the premises but could not traced the burgulars and advised us to be vigil

Since these incidents have been hapeening in the locality and is not in the police records because of the absence of FIR etc Whether I should filed the Complaint before Magistrate as the offence under IPC has been made due to " House tress pass at Night" Please do advise me at ealiest

Anant Kakade   15 September 2011 at 10:51

498a

on which ground how we can defend ourself if case file under 498A?

G.Padmanabhan   15 September 2011 at 09:28

Fir closed as mistake of fact, further remedy

A case was registered against the 7 accused persons, u/s.498A on reference from a magistrate. Biased investigation is carried out by the investigating officer. The defacto complainant, after making several futile attempts to know the status of investigation, files an application under RTI Act to know the status of the investigation, in response to which the police informs the defacto complainant that final report already filed and case was closed nearly one year ago as mistake of fact. No RC notice was served on the defacto complainant. But the police states that RC notice was served on the defacto complainant. What is the remedy open to the defacto complainant? is there any judgement of a High court/SC in support of the suggested remedy? Would our experts clarify?

Anonymous   15 September 2011 at 01:25

Who is competent authority to provide call records...???

Dear Friends,
I am about file 91 application summoning call records, can anyone tell me
who is the competent authority we should refer to in our petition for providing call records from service provider.
What will be the designation of the authority? If for example it is BSNL bangalore who is the correct person that we should refer in our petition.


Case is in Karnataka Bangalore

Yogesh   15 September 2011 at 01:19

How to recover cheque bounce amount

Hi Please can anyone help me.
One of my friend took 2Lakhs money from me. He showed one property
(site 30X40) and told me that he’ll buy that for me(as a mediator) .
As he is my friend I believed him and gave 2 Lakh but later he didn’t
buy it. He cheated me. He used my money for himself and after asking
he gave me two post dated cheques which are get bounced later. Now I
lodged case/compliant against him in court. But he don’t have any
property or anything. Also he will not work/earn. In this situation
how can I recover my money from him, If he ready to go jail also.
Please help

anonym   15 September 2011 at 01:10

Verification of stamp paper

Deal all,
I am an accused for 138NI act. The complainant has shown that she had advanced me a loan of Rs 14 Lakhs in cash by disposing off her jewellery. Almost after 6 hearings and our 145(2) they have now come up with a document giving the breakup of the alleged selling of gold. the have made a back dated affidavit.

They are submitting a details dated 2007 however I am of strong suspicion that this document was prepared a few days back in 2011.
Is there any way I can find out when the stamp paper was sold an dits genuinity??

Anonymous   15 September 2011 at 01:06

Please help me ! false police complaint action

My neighbor because of fight with me regularly every 1 month or 2 months goes to the police station files a police complaint against me. He gives bribe to the inspector, the inspector comes to my house, shouts loudly, abuses me, threatens me, demands money from me also to write a neutral report for me but I refuse. This way he is simply harassing me and is enjoying it. I always ask the inspector what he has written in the report regarding the complaint he says he cannot tell me, i must go to the High Court or the Supreme Court for that. I am fed up of this habit now. I asked a lawyer but he said if the police complaint is false then only the police can take action not me.
This is insane, is there some good lawyer which can tell me any way I can sue my neighbor for filing false police complaint against me. I know I cannot stop him from making false complaint to harass me but I want to approach the Court and show the truth to them and then I can sue him for mental harassing, that will scare and teach him and stop him from doing this. This will be a long battle but I will do it. Please some good lawyer give me the correct advice. I am writing with many hopes.

Anonymous   15 September 2011 at 00:33

Criminal suit and civil suit

Hi, please need advice.

This is the other way round for me. I know that having a civil suit is no bar to file for criminal proceedings BUT can you file a civil suit after you have filed for criminal proceedings??

SRIBHASHYAM MURALIDHAR   14 September 2011 at 23:35

N.i.act

one of my client gave some amount towards advance to purchase plot to his friend. Later his friend declined to register the plot in favour of my client. As such, my client demanded him to pay the amount paid by him. The said person issued cheque in favour of my client, that he will keep suffined amount in his and requested my client to present said cheque after one month. My client presented the said cheque to his banker and the same was dishonoured. Having come to know about the dishonour of said cheque, the said person issued notice to my client, that he will pay the amount under the cheque, through due process of law.

My question is whether i have to issue Legal Notice to the said person to pay the cheque amount or to ask my client to present the cheque again to his banker to fulfill the requirments U/Sec.138 of N.I.Act

Anonymous   14 September 2011 at 23:09

498a - accused becomes complainant

Hi

My brother in law's wife filed complained against my brother in law, in laws and my wife. F.I.R got lodged and now my wife is on bail and court proceedings are on.

My in laws gave wrong statements/evidences in police as well as court. I objected to this due to which our relations got bitter and my in laws convinced my wife that i want to send her to jail that is why i am not supporting my in laws lies.

Under there mal influence, she has left me and have lodged dowry and beating complaint against me in women cell.

Her elder sister is divorcee, brother as mentioned above facing 498A and my wife also booked under 498A and in laws as well. So entire family history/background is such.

Still Women cell are favoring them and says that both cases are different, you should tell about your case. How can accused of dowry in one case can be victim of same offense in another case.


Kindly enlighten me how i should put up above strongly in women cell. SP will be hearing my case in next meeting (That is what women cell authorities told me on last meeting).

Thanks