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

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Anonymous   04 July 2011 at 19:15

Chief Judicial Magistrate Meaning & Difference.

Basic difference between Chief Judicial Magistrate, Judicial Magistrate, Additional Chief Judicial Magistrate, Sub-divisional Judicial Magistrate, Special Metropolitan Magistrate, Chief Metropolitan Magistrate, District Magistrate, Executive Magistrate.

Also the chronological order

Who can suppresses the order or the judgment of whom.

What are the offences they can undertake & what are the appeal stages (means for were a person can appeal to which magistrate in any offence in seniority wise as per the law).

Anonymous   04 July 2011 at 18:43

u/s 138 convition

We have won the case u/s 138 of Five Lacs today at Metropolitian court at hyderabad where the accused has been convicted imprisionment of one year & penalty of 5000/-. We feel the convition is less b'use we have fought for 6 yrs.Is there any process where we can request for harder punishment? What is recourse available to accuse ? Will we get our 5 lacs ? Can we file recovery suit after the judgement ( ie after 6 years) ?

Anonymous   04 July 2011 at 16:26

sc st atrocity case

sir/madam,
in my case of prevention of atrocity act respondent is a higher caste fellow, rich and influenced. so iam getting fear, because compulsary he will try to take revenge at any time, what to do sir?

Anonymous   04 July 2011 at 15:48

murder attempt

What evidence need to be shown if some one attempts a murder on me? After how many (max) days , case can be registered?

Anonymous   04 July 2011 at 15:40

Accused under IPC 507

I was accused under IPC 507 for harassing my Girlfriend in hyderabad in 2009.

She logged a complaint against me and I spent 2 days in the lockup and eventually I got bail.

After I got bail I came back to my home town and went to appear infront of the honourable court twice.

I wanted to get the case closed but I was informed that it could be resolved only by mutual consent of both the accused and the accusee.

The girl who accused me is no where in the picture now and she never came to the court.

Today i.e., 04/07/2011 I got a summon from the court stating that I have to be present infront of the court on 22 sept.

I am getting married with another girl and my life is going quite well now.

I have not even heard from that girl in 4 years neither I tried to contact her.

I was also informed that if the person who files the case is not present infront of the court then the case gets closed.

I have already spent around Rs. 30000/- just because of the mistake that I did. I don't have to do anything with that girl and left her a long time bck. but still I am caught up in this case and I am the only one who is paying.

Can someone please help me out and let me know wht I should do. Please. I have ruined my life and career once and I don't want to go over it all over again. It took me 3 years to get back on my feet and now when I am doing good again it's coming back to me for what I did in the past. Please help me out.

Anonymous   04 July 2011 at 15:39

Section 138 of the NI Act.1881

A company had entered into a hire purchase financing for assets with another company and had issued post dated cheques towards payment of installments. After cheques bounced,the financing company filed a complaint under Section 138 of NI Act,1881.

In 1998,the Company which had entered into the HP transaction and issued the cheques,went into liquidation.

The Official Liquidator was summoned to represent the Liquidated Company but didnot appear.

Can the Liquidated Company be dropped as an accused and proceedings continued against others?

Anonymous   04 July 2011 at 15:32

case of sc st act

madam/sir,
previously i was in khammam, now in hyderabad. my incident happend in khammam, under atrocity act after giving complaint, what is the normal proceedure?
and when and how many times i have to attend to court in khammam?
or is any chance to transfer the case to hyderabad after some time? after 1 month or a perticular time? is there any chance to file any false case on me by the respondent? or pressure to withdraw case from against person?


Anonymous   04 July 2011 at 14:57

Child Abuse and Defamation

Dear Experts,

I am married for last seven years and we have a son of about six years who is staying with me and my wife is staying with her mother and sister for more than a year now. The main accusation, according to them is that I am practicing black magic on them and possess some evil spirits with me.

My mother-in-law and sister-in-law have willfully cooked up stories that, our six year old son too is possessing some evil energies and had killed a cat intentionally couple of years ago. They have been telling this to our relatives. They are also making a baseless accusation that I was having relation ship with another woman before and had killed the woman before the marriage with my wife. They are telling these stories to the relatives who are approaching them to help me to bring my wife back.

I have filed a RCR petition to get my wife back.

Though I feel pity at my mother-in-law and sister-in-law, I am thinking that I should make them realize their mistake, in some way.

Is there a law under which I can file a case of child abuse on my child and criminal defamation on me?

Kindly suggest if there are alternatives too.

Jayesh Kumar   04 July 2011 at 14:29

Summary Triable Case, matter of right or judicial discreation?

All Experts,

U/S 260 CrPC can IPC 500,509 private complaints with 2-3 witnesses be pushed for to be treated as summary triable cases or judicial discreation that it cannot be treted as summary triable can exist?
What particular or what conditions needed to be that the cases be treated as summary triable or like a normal criminal procedure?
If summary triable is not insisted by the judge and trial proceeds under the normal way then can still the accused take protection under the exception of ipc 499?

Regards,

Anonymous   04 July 2011 at 13:07

burden of proofs in 498a lies with whom?

Wife filed a 498a,406, 420 IPCs against me
with many allegations.
Charge sheet preparation will take another 40 days as per police inspector.

So what are my necessary steps to fight?
Do i need to start collecting proofs of her mobile bills, office attendance, Bank transactions details, IT filings etc etc through RTI?
please help me if i need to follow any check list of tasks to be done?
Shall i file a divorce prior to chargesheet preparation parellely? as there would be no sense of reconciliation/ restitutio of conjugal rights?