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

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Anonymous   23 May 2011 at 19:11

Discharge petition

1. Can a review petition be filed in the same court after the discharge petition has been rejected?

2. I know that the option of challenging the decision of the trial court in High Court is there, but in this case, it can take up to three years for a petition to even come up for consideration in the Patna High Court.

3. Can one approach the Supreme Court to direct the High Court to dispose off the petition within a specified period of time

BAALASUBRAMANNYAMM   23 May 2011 at 18:25

How could "A" file a case against B and C.

Respected Experts,

I want to clear off the following doubt.

A (purchaser) paid token advance of Rs.1 Lakh to “B” (land owners) and executed a Receipt acknowledging the said amount in a landed transaction. Subsequently the said transaction was cancelled and that “B’ is agreed to pay back the advance amount to “A”.

Accordingly at the request of “B”, “A” has sent the Original Cash Receipt through “C” (Mediators). While giving the said receipt, “A” has taken an endorsement from “C” on the back side of the Xerox copy of the said receipt stating that “”C” has received the original receipt”.

Due to non receipt of the said amount, even after taking the original receipt, “A” made an enquiry about the payment. And that subsequently, “A” came to know that “B” has already paid the said amount to “C”. And when “A” questioned about the said payment, “C” has replied that he has already received the said amount and he will pay back the same within a short period of time. Even after repeated demands made by “A”, “C” has refused to pay back the same. In the mean time, “A” got issued a legal notice to B and C, but they did not give any reply or made the payment.

So at this juncture, “A” what should do against “B” and “C”. Can “A” file a Criminal Case against B and C.?

Plz. Suggest me.

Gagan Souri   23 May 2011 at 17:54

POLICE Report

Ld Members,


What is POLICE Report?

Police is rejecting my RTI applciation denying that POLICE Report is POLICE Diary

I also quoted CrPc 207 but still rejecting
the Police report.

POLICE Report and POLICE Diary both are same

Anonymous   23 May 2011 at 16:09

Section Filed

Dear Sirs,

There has been a section 420 120(b) 34 IPC filed in the civil court against me. I have not yet seen what has been filed.

could you kindly guide me as to what this section applies for.

Regards
Atish

Ajay Kumar Reddy   23 May 2011 at 15:06

What is the procedure for deciding 340CRPC application on 498A

Sir, i have applied 340 crpc on 498A case for false affidavit, flase information, wrong information.
It is at the last stage, all evidence is completed then it is on final argument stage but Judge has told me that he will listen final argument and at the time of final judgment he will decide 340crpc application

Ajay Reddy

Ajay Kumar Reddy   23 May 2011 at 15:00

340CRPC application on 498A when it will listen

Sir, i have applied 340 crpc on 498A case for false affidavit, flase information, wrong information.
It is at the last stage, all evidence is completed then it is on final argument stage but Judge has told me that he will listen final argument and at the time of final judgment he will decide 340crpc application.
There is any judgement that first 340crpc application must be decide then final argument and then Final judgement.
Please guide me it is very urgent to me becusae judge has given me date for final argument on 31st may.

Arka Foundation   23 May 2011 at 10:24

Quash or Stay for P-I-P

Dear Members,

I am delaing with a case as a Mediator/Counsellor

My client was slaped with 498a charges agasint him.He lost his job. He is ready to re-union with his wife, but other side-party[wife and her paretns] not shwoing any interest after repeated requests/communication...etc.,

Now its time for him to deal with his 498a charges are frame by the PS

Question is...
- Can he file Quash party-in-person[bcoz right now he can afford to any lawyer as all his savings are going for his maintenance to his family father/mother/sister]

- If party in person all the 4[accused1/father/mother/sister] have to file as petitioners

- How many days will it take to get Quash/interim stay if its admitted

-If case dismissed/rejected how many days will it take?

Finallly, what would be the exhibits to enclsoe for the Quash pettiton.

Your valuable suggestions/advices please

Anonymous   22 May 2011 at 22:18

Goswami & Another Vs

1) In the recent case of Inder Mohan Goswami & Another Vs. State of Uttaranchal & Others[5], this Hon’ble court had laid down few guidelines for the courts with regards to issuance of non-bailable warrants.Can i have the whole case law in this forum.


2) Contempt Of Court Act, 1971 Section 10 Every High Court shall have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempt's of courts subordinate to it and it has and exercise in respect of contempt's of itself.

Provided that no High Court shall take cognizance of contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal Code (45 of 1860).

So can both the cases (Contempt of court & any offence punishable under the IPC) can be filled under the same court or any different court respectively where the contempt or offence has been taken place.

Anonymous   22 May 2011 at 20:09

Section 385. Putting person in fear of injury in order to commit extortion

Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Wife file a complaint against husband caliming he has X amount of stridhan with him, which husband does not have. Husband and family is put in fear of police jail, would this attart section 385

Anonymous   22 May 2011 at 17:11

138 of N I ACT

1. WHAT WILL BE THE JURISDICTION OF A CRIMINAL COURT TO TRY A OFFENCE UNDER 138 OF N I ACT.
2. WHICH COURT EMPOWERED TO TRY THIS OFFENCE IN CASE OF CALCUTTA AND DISTRICT OF WEST BENGAL

EXAMPLE WITH ILLUSTRATION