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

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Anonymous   11 August 2011 at 23:58

False police case

My brother is an NRI, settled in UK since last 16 years. Three months back he visited India on his vacations for 20 days. My uncles with whom we are fighting several cases on land and property, knowing the fact of my brothers visit after three years in India, Lodged a false police complaint against him along with my father and my two brothers.
Police understanding the motive of my uncles, cleared my brothers name from the complaint and forwarded the case to the SDO u/s 107 against my father and my two brothers.
Since there is lots of things written on the news papers also regarding the matter which effect the repo in the society also.

My brother returned UK after few days of filling such false case against him.

Could you please let me know-
1. Can we file Damage & Defamation case against my uncles for such false case against my NRI brother.
2. If yes where we need to file such case ?
at the District were my Uncles lodge police complaint or in our district or at UK ?
3. Will my brother need to visit India to file the DD case or any other alternative is there so that he need not to visit India.

4. what other best alternative available with us so that next time no one would dare to lodge such false police complaint against him in his next visit to India.

Dineshwar Singh Kaushik   11 August 2011 at 22:57

Juvenile justice act

Dear Experts,

What is the procedure of punishment in juvenile justice Act.

Dineshwar Singh Kaushik   11 August 2011 at 22:54

Sec. 380 of ipc

Dear Experts,

Is there any citation of Supreme Court that sec 380 of IPC is not applicable in case where informant and accused are living in a common house.

Shailender Bali   11 August 2011 at 22:37

Cheque stop payment

I joined a company and worked there for 22 days. There was no appointment letter, no documentation but they paid me a cheque of Rs. 5200/- for 13 days working till July 31, 2011. The cheque was paid on 6th August and I deposited it on the same day. I told them on 8th August that I will not be continuing and my last day with them was 9 August,2011. They stopped the payment of cheque of Rs. 5200/- . I did not get any payment for whole 22 days. Is there any legal remedy available to me? How can I proceed ? The purpose of legal recourse is not the realisation of the amount but to teach them a lesson to not to underestimate the dignity of any employee. I have worked there for 22 days, Do i have the right to claim the payment. Please advice.

james   11 August 2011 at 20:31

Further investigstion

police conducting further investigation during the trial.Most of the witnesses are already examined,but a few are remaining.What will happen if police filing the new charge sheet with new sections of law and additional accused?
Police seized certain documents now which are executed in 2007.these documents shows transfer of money related to certain recei pts connected with crime of 2006.Is it necessary to register a new FIR ?How the properties of the accused can be attached under criminal law? (offences are u/s 420 and 408 ipc in between two individuals)

AMAR RANU   11 August 2011 at 17:33

Section 302 of crpc

Can a substituted/replaced representative on behalf of a corporate body in a private criminal case reappear before the same court and file a application u/s 302 of Crpc to represent the same case in his personal capacity?
If yes or no,kindly quote the authority.Whether such type of duel prosecutors are allowed simultaneously under the law in a same private criminal case?

Kirtiman Kohli   11 August 2011 at 12:48

Section 145 crpc

Sir,
I had bought a property in 1995 which later turned out to be disputed. Now, the other party has charged me with section 145 crpc. They have put in a case on 29/4/11 of an incident which occurred on 6/4/11. I received a letter on 23/7/11 about the following and that they SDM had called me on 25/7/11. Now, the SDM has decided the date of hearing to be 25/8/11. So what can be done till then? Is the section 145 valid for over 2 months? Or can I put a civil case so that the case of section 145 can be quashed? Please guide me about the same. I will be highly indebted.

Thanking you
Your's faithfully
Kirtiman Kohli

dev kapoor   10 August 2011 at 23:25

Definition of expert

Once I was dealing a case of 'forgery'.Mr.Bhalla,a Handwriting expert belonging to Punjab was to be examined.As soon as he appeared the witness box & before it the routine examination-in-chief started Mr. Bhalla said, of course,after oath, " I am an EXPERT because.." he stated his qualification (i),(ii) (iii)...,I have been in Govt service for the last 20 years,I have appeared in different courts of the country in various cases as Handwriting Expert in more than 200 cases since......My opinion has been admitted by various courts of the country & decision made on them.Among other cases my opinion was upheld & appreciated in Pratap Singh Kairo's case even by Supreme Court reported in AIR.... & he referred many other citations where his expert o[pinion was upheld and...... So I call myself as " Handwriting Expert".Then he made deposition followed by cross-examination.... !
Before We claim Expert,we better take a cue from Bhalla's example.
Many answers are given by our dear Experts but only superficial.KNOWLEDGE KNOWS NO BOUNDS.Let us tell others,no matter even if they are adversaries,if we really mean that 'we are experts'.A little search would make you Distinct.. Keep it up !

ganesh   10 August 2011 at 22:57

Negotiable instruments act

whether a person endorse the cheque given by a third party in favour of a nationalised bank( SBI) without any date, sign and etc., what is the procedure for endorsement of cheque in favour of a bank? mere delivery of cheque is enough under section 50 of NI act.

Anonymous   10 August 2011 at 21:48

138

it is related to my husband , he was working with a bank in india as a DSA IN 2008 . that time he got loss in business of near about 20 lac . he covered 10 lac from his pocket but rest amount is still balance. that was partnership firm . another partner of my husband is not supporting him. now we are in gulf and bank people are calling us again and again for rest amount but we don’t have. he wants to come india. it is possible they can create any problem if he will come to india ? . what we have to do next ? my husbands blank cheque is also with there with bank.

my husband was working with HDFC Bank as a DSA in 2008 . he was giving business to bank and bank was paying him 5% on that every month. eg: 50 lac business 5% will b 2.5 lac , suddenly due to market crash
bank reduce that 5% to 1% , that time my husband had more the 20 staff and other expanses also , so he started making loss . after that he decide to close the DSA. Then he found that more then 20 lac he have to pay to bank. he covered near about 10 lac from his saving. and now we r in UAE , we r trying to settle here my husband is doing Job. We don’t have money to close that amount and they r calling us again and again from Delhi for the money. My husband’s partner also residing Delhi but they are not following him. Suggest me what we need to do??