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

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Anonymous   14 April 2011 at 14:43

perjury in d.v. act by wife

respt sir/madam,

1)recently in d.v. case for maint. filed by my wife the jmfc has ordered some amount as interim relief. against this i filed a stay appeal but on the contrary wife also filed to increase in interim relief with the same false repeated allegations against husband and in laws.

2)here d j cancelled the appeal of husband and upheld the appeal of wife with order double the interim relief passed by jmfc.
however in both the places the court didnt called for domestic incidence report.

3)now i have decided to appeal in the high court with following points please help valuable suggestions to larger public interest-

-a)prayer to high court to order the trial court to use the power of crpc 310 to visit the place to find out the truth.

-b)to order trial court to take the cognizance against the wife and her parents u/s 340 of crpc. as husband is willing to take the responsibility, to prove the false statement made by wife, by using the power of court to attend the place of husband residence as per sec 310 of crpc.

-c)to explain the meaning of interim relief into the larger public interest with the co-relation of provision of sec.12 of d.v. act which requires to call for domestic report before passing any order.

-d)a contempt of court petition on the basis of false allegation and fraudulence action taken by wife to put the court in motion with false papers on oath.

please help me how to draft a hight court appeal that attempt will not result into dis-faith in the judiciary and the high court may not take some wrong presumption over smartness of husband or his counsel for the appeal to visit the place of crime alleged by wife but i am experiencing the same in this courty.

can make respondent both the judges i.e. jmfc and dj for their deliberate ignorance towards non calling of domestic valiance report even the husband has submitted the appeal in writing to call for such report

please tell me what kind of sections to be applied in appeal to high court in this regard.

Member (Account Deleted)   14 April 2011 at 13:59

blackmailing and influencing

UNDER WHICH SECTION OF IPC/CRPC, WE CAN MAKE A COMPLAINT FOR BLACKMAILING AND INFLUENCING A VICTIM OF AN OFFENCE OUT OF COURT ?

Battula Manikumari Apparao   14 April 2011 at 12:33

Jurisdiction for complaint u/s 138 of NI Act.

Respected All,

My company's registered office is at bombay but factory is at Tal: sanaswadi Dist:pune. my company supplied material from factory to one client at his warehouse at phursungi Dist:Pune, we are unaware about the office of the client he gave a cheque for payment of "X" area and closed the account. I sent a demand notice at warehouse by company name it was received now 15 days are over now i want to file a complain. i have a following queries:-
1)I sent a notice by company name is it valid?
2)Jurisdiction for filling complain?

Please suggest.

Anonymous   14 April 2011 at 12:15

citation

In a complaint case ACMM has ordered for discharge of accused u/s 245 at precharge evidence, but the SPP has filed an cr revision in the session saying that the in complaint case there is no proviosion for discharge.
I have one citation(1972) 3 Supreme Court Cases 282 which says "If charge is found groundless on the face of the record, the accused is entitled for an order of discharge."
I need some other citations ...

aassociates   14 April 2011 at 12:10

juvenile justice act

sir, we have a case of juvenile who is accused of fatal accident of a old age man who was died in consequently due to the said accident.The police has charge him u/s.304 of IPC.what would be happens in the present case? whether he has to paid compensation to the victim family or he will punish 4 d same?

Advocate Umesh   14 April 2011 at 11:52

Criminal Law & Consumer Protection Act

Before Few Days Bombay High Court at Aurangabad Bench gave Judgment by single bench that Arrest Warrant against Directors of Co-Op Society formed under MCS Act 1960 by consumer court is ultra virus and directors held not responsible . . . . etc.

Please any one my friend provide judgments copy for me?

Thank you. Have a nice day.

Chetan Pardakhe   14 April 2011 at 11:39

138 NI Act

What is period to file complaint u/s 138 NI Act, when the accused refused to take the notice u/s 138.

There is the clear endoresement of Refusal n Notice Envelop.

Pls guide with citation

Regards

raghu   14 April 2011 at 11:23

MENTAL PROBS.

My wife was diagnosed with paranoid skizophrenia & borderline personality disorder just a few months after marriage & has been on medication since aug'10. she has attempted to kill me by burning me alive & i intend to legally lodge in a mental hospital. Now my wife & MIL are threatning to put false cases against my entire family.
DOES ANY EXPERT HERE HAVE ANY JUDGEMENT/SECTION WHICH SAYS THAT A PERSON, OFFICIALLY DECLARED INSANE CANNOT FILE FIR/CASES IN COURT?

Anonymous   14 April 2011 at 11:11

No chargesheet in 90 days

If no chargesheet is filed in Arms Act case within 90 days can it be quashed? Isn't there some law that says if no chargesheet is made within a specified period of time (90 days) a case can be quashed?

Anonymous   14 April 2011 at 10:43

Registration of FIR ?

We all know how police avoid registering an FIR even after providing them documentry evidances for financial frauds due to corruption. We are facing similar problem with CP-EOW, Mumbai and will have to make an application u/s 156(3) in a court.

Pl. advice:

a) If need to make an application in MM's Court or Sessions Court ?

b) Who will be asked to register FIR i.e. Local police station having jurisdiction or CP-EOW ?