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

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Member (Account Deleted)   06 May 2011 at 11:46

Regarding interim stay

My friend got cheated by her husband in 2008.he hided the existing marriage and
again married my friend and stoled some money from her in this offence he,his original wife(first wife) and his friend involved.
my friend filed a case against him in 2008.
police completed investigation and mentioned three as accused
A1:husband A2:first wife A3: husbands friend who involved in this offence.
police filed chargesheet in year 2009.
A1 taken anticipatory bail from high court.
A2 applied bail in lower courts first but was dismissed so she applied for quash in high court high court given interim stay of arrest this was happened in jun 2009.
from that month onwards case was in high court from two years.
A3 also got bail from lower court and he also applied for quash in high court in nov 2010 and was going on.
my questions are:
how long her quash petition run in high court and what is the end duration of it
whether there is a chance for A1 also to file for quash petition even after getting anticipatory bail from high court.
all the accused r not attending for court trials
if the interim stay order is pending in high court a person need not to attend for lower court trials??
pls clarify my doubts
i already posted once but no reply from anybody pls help me in this
quick replies would be highly appreciated
thanks & regards
kalyani

FUTURE LAWYER   06 May 2011 at 10:56

STRUCTURAL DEFECTS - NO OFFENCE

Dear Sir/Madam,

Whether structural defects i.e. any defect in its form, want of signature, date not properly written, figure of the amount has been overwritten or erasures is attract to offense of 138.

Please give any judgment for my moot court computation.

FUTURE LAWYER   06 May 2011 at 10:51

ACCUSED - EXEMPTION FROM PERSONAL APPEARANCE

Dear Learned Experts please clarify my question.....

Whether Court can dispense with personal attendance of accused during the period of warrant issued.

Is there any citation to show that dispense of personal appearance cannot be exempted during the period of warrant issued.

Anonymous   06 May 2011 at 08:58

dv and extortion

Dear sir,

wife has filled dv case for maintenance and other things but

wife had never resided with husband and threatened by the name of police and dowry and never resided with him and her family had accumulated lakhs of rupees from the husband.

it is a matter of extortion can husband file a case of extortion against the family of wife including wife.

evidences are present from which it is present that she was threatening the husband and her family was misusing the law.

Anonymous   06 May 2011 at 01:20

Misuse of 498A

Hi,

my brother's wife has filed 498A case against the family in Gujarat.And 5 members of the family was arrested and bail was granted in feb 2011.The summons were recd and the first date was 02may.How to fight the same.Please suggest some genuine lawyer in Vadodara.the complainant had an extra marital affair with the ex boyfriend and was asking for divorce.But my brother was in love with her and expected her to change and feel guilty.the marriage took place in 2008 and stayed out of the country from mid 2008 till mid 2009.Since then from mid 2009 the girls stays at her parents place.They have offered settlement asking for huge amount..and we have not accepted the same.But it seems to harrass us they are speeding up the matter and the next date decided is 01jun11.is it possible to speed up the matter by the complainant.Who decides the next date.We have a feeling the lawyer of the complainant has decided the date.How to take it further.Can we apply for squash...What worst can happen.The girl is educated and good work experience...not aware whether she has started working.
Does she deserve any alimony or maintaince.How is the figure decided.Please advise a good and honest lawyer for the same.

Anonymous   05 May 2011 at 23:55

Police producing very late evidence 3 years after chargesheet when discharge was being ruled upon!

A client of mine had a false case filed against him.He was initially denied bail by the lower court but the High Court severely reprimanded the magistrate and granted him bail.They soon filed a charge sheet which interstingly contained a forensic report indicating that his signatures did not match with those on the offending document-he was charged under 420,468,471 and 511.We filed for a discharge but the police from nowhere produced another forensic report which stated the exact opposite-that his signatures tallied.No one knew of this report before and it was produced only at the time of discharge application-clearly fabricated.I am advised that the Supreme Court had ruled recently that evidence produced suspiciously late should be disregarded.Can anyone help me with the citation?

G.Nagarajeshwar Rao   05 May 2011 at 20:41

D.V.ACT. Whether the report of the protection officer is mandatory or directory?

My query is while the applicant - wife files an application before the Judicial first class magistrate for some relief contemplated in the D.V.[Proh] Act, whether the report of the protection officer is necessary? if so the same is mandatory or it is directory one? please clarify. Thanks in advance.

Member (Account Deleted)   05 May 2011 at 20:18

Reinvestigation in a case

The case is registered under IT Act sec 66 a & C & IPC sect 294, 385, 507. Complainanat has filed an application for reinvestigation in the case stating that Police have not done it properly & filed the charge sheet in a haste . The Charge has been framed by the trial Court ( JMFC )& as per the directions of District Judge while grantimg bail to the accused was to conclude the trial in 2 months . But the trial did not start . It is more than 3 months now as I am released on bail .
The complainant has filed an application with trial court for a reinvestigation in the case because according to the complainant there are lapses done by Police in investigation pertaining to crime registered.
The reinvestigation is being demanded by the complainant thru Cyber Cell Pune . In this case there are 3 complainants one is from Jalgaon the main & 2 are from Pune. The case is filed & being conducted by JMFC at Jalgaon.
PLs advice whether JMFC has any right to order for reinvestigation & that too outside his limits of taking cognizance i.e. investigation thru Cyber Cell Pune. Can this reinvestigation if ordered be challenged in Session Court Jalgaon or HIGH Court, Aurangabad. Pls adivce.

Anonymous   05 May 2011 at 17:55

false accusation

Dear sir,
I am customer of icici bank and went there to submit a document asked by bank central/HO but the staff at branch refused to listen to me.I lodged a complaint with customer care of bank and their reply was that I shouted at lady staff and used abusive language and was asking for some password( which is never issued by branch and i never asked for)and threatened them that i will not spare them. Now the I have asked the bank to provide the cctv footage for the same but the bank is asking for more and more time. the matter has been escalated by me to level 4 from level 1 but bank is not replying. I am deeply hurt and want to seek legal remedy. what= are the options open to me. Regards

Rajesh   05 May 2011 at 12:46

FALSE 498 A CASE TRANSFER

DEAR SIR,
MY WIFE HAS PUT FALSE 498A CASE ON ME & GIVEN THE TRANSFER REQUEST TO SUPREME COURT TO TRANSFER THE CASE FROMCHHATTISGARH TO HER PLACE MP ONLY BECAUSE OF HER CONVINENT.

IN THE 1ST BENCH I LOST THE CASE BECAUSE MY LAWYER HAS NOT SUBMITTED SOLID DRAFT & SC ORDERS TO TRANSFER THE CASE TO MP.

I REOPENED THE CASE & UNLUCKLY I LOST THE CASE AGAIN BECAUSE MY LAWYER HAS NOT SUBMITTED THE DRAFT IN TIME.

NOW, PLEASE ADVICE WHETHER IT IS RIGHT TO REOPEN IT AGAIN, & WHAT IS THE CHANCES OF WINNING OR I CAN CONCENTRATE ON MY CASE TO FIGHT FROM MP.

PLEASE ADVICE.