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

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Anonymous   11 September 2011 at 00:10

Negotiable instrument act related query

A PERSON MRX SON HAS GIVEN HIS CHEAQUE BOOK SIGNED BLANK IN CUSTODY OF HIS FATHER LONG 3MONTHS BACK NORMALLY SON GIVES.AND NOW FATHER HAS BOUNCED ONE CHEAQUE FOR INSUFFUCIENCY OF FUNDS .FATHER IS DEMANDING AMOUNT FROM SON AND IRRITATING FOR LEGAL ACTION UNDER 138 .MR X HAS NO LEGAL ENFORCEABLE DEBT TO PAY TO FATHER .NEITHER ANY AGREEMENT HAS BEEN SIGNED AT ANY TIME OR NOR ANY BLANK STAMP PAPER SIGNED.X HAS NO DEBT TO PAY TO FATHER.SIR IF HE TAKE ACTION THEN SIR SEC139 PRESUMES CHEAQUE FOR LEGAL DEBT AND SEC118 ALSO. HOW TO PROCEED.REGARDS.

Anonymous   10 September 2011 at 22:24

Harassment of familymember by shopkeeper

Dear sir,
while parking private car at roadside common
parking place one shopkeeper objected using
the pretext of being owner of the pace.he
abused & threatened my wife,daughter & son.my
family called the police .police came and
asked us to report to police station.we lodged written complaints against the shopkeeper.next day we met the police
told for compromise.we did not agree.he also complained stating that my family threatened
him.I think he might have bribed the police.
so police is favouring him ignoring the fact.
monday is next meeting with police.what I should do now?
Regards.

NAVDEEP SINGH SRAN   10 September 2011 at 20:43

Limitation

What is limitation period for FIR/complaint in (1 murder 2 grievous hurt 3 theft 4 rape ) case.

Anonymous   10 September 2011 at 20:19

Property related

Sir,
My query is i was purchase one DDA PROPERTY Since 2010
From (A) to Me (B)DOCUMENTS DRAFT IN Under notry attested The Following are :-
(GPA + AFFIDAVIT + POSITION LATTER + AGREEMENT TO SALE + PAYMENT RECEIPT + WILL )
AFTER DEATH (A),HIS ILLEGAL LOVE IN LIVING LADY(C) CLAIM THE PROPERTY BEHALF OF GPA + WILL(1st)& She is SAME POWER OF ATTORNEY GPA WITH CONSIDERATION REGISTERED IN REGISTRAR OFFICE TO HER DAUGHTER(D)
Please Confirm to me i'll be file CRIMINAL legal case against (C)+(D)

Note :- (A) = 1st property holder
(B) = 2nd Property purchase holder
under Notry documents
(C) = Love in living Lady Of 1st Property holder
(D) = C DAUGHTER (Not Blood Relation to (A) 1st Property Holder

nagesh   10 September 2011 at 19:48

Human smumgling

what action against if a person do human smugling

Anonymous   10 September 2011 at 18:58

Atrocity under sc/st act

Some body passes derogatory remarks against SC person in a Public Place about his caste. Should he file the case under SC/ST Act and what are the remedies for SC person and what are the punishments for the accused person. Is it bailable or non bailable offence and in which court it is tryable.

P SUDHAKARA RAO   10 September 2011 at 13:18

Case under sc & st attracity act

false case was registered under SC & ST attracity act, what are the steps to be taken to prove the case was false case what are the legal amenities available to prove it as false? what are the basic requriements and procedures to register the case under this act. What are the remadies available to the accused?

anckoora   10 September 2011 at 13:05

Sec 138 of n.i.act

Dear Sir,

My friend was working as Admin Officer in a newly opened school, having its H.O. at Mumbai from Dec10 to 12.8.11. In march, he hired a security agency for security purpose. This agency provided services till June-11. Agency used to raise monthly bills on School in School's name and cheque from Mumbai office was released in next month. Chq for Mar & Apr was recd in time by the agency. But chq for bill of May was delayed from mumbai office. But in between chq for June was recd on 12.7.11. Since chq for May was delayed, my friend gave a chq from his personal a/c in favour of Security Service agency-as a surety that when chq from mumbai will come, they will return the chq to my friend. But this agency palyed a game. They recd May-11 chq from School on 10.8.11. They deposited this school's chq which got passed. Thus their all bills were paid by school. Now this agency also deposited my friend's chq on 16.8.11-with bad intention. This chq was bounced on 17.8.11. This agency sent an advocate's notice dt 2.9.11 u/s 138 of N.I.Act adressed to my friend with school name and sent it by regd a.d. at school's address-which was recd. by school on 8.9.11. This Notice says : "YOU ARE RUNNING A SCHOOL AT...PLACE. YOU APPROACHED MY CLIENT FOR AVAILING MY CLIENT'S SECURITY SERVICES AND ACCORDINGLY MY CLIENT PROVIDED TO YOU THE SAME-FOR WHICH AN AMOUNT OF 8700/- IS DUE FROM YOU. FOR THIS YOU GAVE YOUR PERSONAL CHQ TO MY CLIENT WHICH WAS DEPOSITED ON 16.8.11 AND WAS BOUNCED ON 17.8.11. THUS, YOU HAVE COMMITTED A CRIME U/S 138 OF N.I.ACT. NOW PAY WITHIN 15 DAYS' OF RECEIPT OF THIS NOTICE OR FACE LEGAL ACTION"
Now, I want to fight this case, though amount is marginal-8700/- to teach them a lesson.
Now, guide me, how should I go ? What stand should I take ? Am I liable to pay to the agency ? (when they have recd all payments from school). Do I owe anything to Agency ? I had given chq in July. But they deposited in 11.8.11. WHY ? What documents I need to provide to court that agency has recd.from school , all payments against their bills on school ?
please guide me elaborately. After winning, can I file a suit of defamation against agency ? if yes, for what amount-5 lacs , ten lacs ? PLEASE NOTE THAT, SCHOOL HAS TOLD MY FRIEND THAT THIS IS YOUR PROBLEM AND YOU HAVE TO SOLVE IT - AS I HAVE RESIGNED ON 12.8.11. THOUGH SCHOOL HAS RECD THIS NOTICE, THEY HAVE GIVEN ME COPY OF THE SAME.
AWAITING YOUR GOOD GUIDANCE.
ANCKOORA

Anonymous   10 September 2011 at 12:42

Suggestions on bail.

Dear Sir,

One of my close relative (a retired IAS officer) has been accused in a departmental scam by CBI. After 1 year of investigation, CBI arrested him even though the departmental FIR didn't have his name at all. There were other 6 main accused against whom all the charges were but CBI arrested him as he was the predecessor to the main accused in that department.

He was arrested without taking any sanction from center and was arrested just by taking state govt permission.

Later CBI court rejected his bail plea and we moved the petition to high court. CBI didn't file the chargesheet till the 89th day of arrest. As the judge kept on changing, the decision on his bail was not done. Afterwards his bail plea was rejected just giving the reason that an IAS officer can not be involved in such activities.

The chargesheet against him is based on very flimsy grounds compare to the other accused in the same case.

I would like to know, what are the options we have now to press for his bail. It is being advised that going to supreme court is not a good option to us.

Let me know your views on this.

Thanks

Anonymous   10 September 2011 at 10:45

Incomplete investigation and arrest u/sec 307, 506 r/w 34 i.p.c.

Sir,

I filed FIR against my niece for attempt to murder. There are six members of the family involved in an attempt to murder me. All the culprits assembled carried out attempt to murder.

Investigation is not completed till date after lapse of 6 months and 3 members who hae not been arrested nor taken bail in the present crime.

What action is suggested to complete the investigation and arrest of remaining 3 family members.

Please advise in the matter.

Thanking you,

M.S.N.