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

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Anonymous   27 March 2011 at 14:15

Complainant's admission in police statement

Ld Counsels,

Wife had admitted in her police statement that all her belongings (dowry articles) were taken away by her father and in-laws.

Can this admission be used in family court to disupute her claim for restoration of those articles. Police have certified the statment made,

Can it be held that if the husband is placing reliance on the admission of the wife so he indirectly accepts the criminal charges as well. Wife on the contrary taking a different stand before the family court.

There are judgements that says admission in all forms can be used against the person making it.

Please clarify.

Anonymous   27 March 2011 at 14:04

Legally allowed to record conversation in police station?

Hi
Please let me know if accuse under 498a is allowed to record whatever conversation he has with Police.
This would help in recording the evience give to police and latter on what police acted with due dillegence.
Is this legally allowed

Anonymous   27 March 2011 at 13:04

Criminal Complaint u/s 420.

'A' IS DIRECTOR AND ONLY SIGNATORY OF COMPANY BANK ACCOUNT, SIGNS A CHEQUE WHICH IS FILLED UP BY DIRECTOR 'B'. CHEQUE IS GIVEN TO 'C' FOR SUPPLYING GOODS TO COMPANY. 'C' DOES NOT SUPPLY GOODS.

COMPANY FILES CRIMINAL COMPLAINT U/S 420 AGAINST 'C' AND MAKES 'B' AS PARTY FOR JOINING HANDS WITH 'C' TO MISAPPROPRIATE THE CHEQUE AMOUNT.

COMPANY AND 'C' ENTER INTO COMPROMISE AND 'C' RETURNS THE CHEQUE AMOUNT TO COMPANY AND COMPANY WITHDRAWS COMPLAINT AGAINST 'C'

WHAT ACTION SHOULD BE TAKEN BY 'B' AGAINST WHOM THE COMPLAINT IS NOT WITHDRAWN. THE COMPROMISE IS RECORDED IN COURT, 'B' ONLY FILLED UP THE CHEQUE, MAIN ISSUE OF THE COMPLAINT IS SETTLED, NO ONE HAS INCURRED ANY LOSS.

Anonymous   27 March 2011 at 11:08

Charge Sheet

Respected Sir,

I want to know what is charge sheet? what are the ingredients of charge sheet? Who files it and what is the purpose of charge sheet? What is the differnce between charge and charge sheet?

Thanking in advance. I want the answer within tomorow.

Anonymous   27 March 2011 at 11:04

refund of amount

accused was convicted under 138 NI Act and filed an appeal and while admitting appeal accused was directed to deposit 25% of the cheque amount in the lower court and accused deposited the said amount and later compromised the case in appeal stage. Now the accused wants to withdraw the deposited amount from lower court. Please give the procedure for withdrawal of such amount and period of limitation for filing such application before lower court (any other relevant procedures als).

Anonymous   27 March 2011 at 00:07

Possession of spring actuated, button actuated knives

Is there any Notification in force by Central Government under Section 4 of Arms Act 1959 regulating/restricting the possession of spring actuated, button actuated knives? If yes if anyone could provide a copy of same.

Anitha   26 March 2011 at 23:40

False Affidavit filed by Husband

I had filed DV and 498a against my Husband. I understand that he has given false affidavit in Supreme court and got stay for Domestic Violance case.

Could experts kindly suggest What is the step I have to take to inform supreme court about this.

Anonymous   26 March 2011 at 21:54

Is it draws Criminal Contempt of Court? Plz advise

1.Restitution of Conjugal rights-filed by husband under trial.
2.After getting RCR notice as counter blast wife file 498a ,125 and HMOP- divorce.
3.In 125, the maintenance was allowed for wife and child.
4.On merits husband filed revision pending before District Court for 125.
5.Wife sends so many letters and copies of F.I.R, court documents to husband's office to harass him unlawfully.
6.Now she had send xerox copy of bailable warrant in 125 E.P.initiated for non- appearance against husband along with a lawyer notice to the office.
7.Is it will draw the criminal contempt of court since the warrant is a court document and communication between court and police, can't be used for private communications to harass.Is that lawful to
pass comments on pending trials at 2 courts?
8. Is that attract the criminal defamation?
Under What sections this can be prosecuted?
plz advise

navin   26 March 2011 at 19:38

need help under section12(A)domestic violence

Respected sir,

thanks a lot for your information,

regarding interim order and facts

respondent-1 was a teacher in school in year 2008 on contract which was upto april 2009
timing of the school was 11.00-6.00pm

specific time of the school was chosen because respondent-1 has to do otherhouse hold work as his mother was paralytic. and since begining applicant was not staying in matrimonial home.

hence as the duty of a son specific time and school selected salary offered by the school rs10000.00
in the evening he has to come immediately for kitchen and other works.

in the year 2009-2010 respondent joined B.ed college for the sake of better salary and permanent job.

respondent received b.Ed result on 29-July-2010 and court notice of domestic violence on 10-Aug-2010.

Education institution are not providing job to those candidates who are in litigation. asthey are the centres of sensitive minds.

hence respondent remain jobless since jan-2009

Applicant has mentioned in her application that respondent are earning more than Rs 30000.00 through tution & classes and not even a single evidence is presented by her in the court in support what she can never submit as husband was never attached with classes and tution.

the day arguement held respondent submit appointment letter of the year 2008-2009 and submitted his B.Ed college ID annd said orally that he received result on 29- july-2010 and court notice on 10-Aug-2010

interim order
appointment letter is submitted by the respondent himself hence exact salary cannot be popup for the sake of Applicant and child Rs8000.00 from the date of Application he should pay to the applicant.


other facts related to respondent
from past two and a half year he has not earned even a single rupee.banks are not giving him loans as no support for the recovery of their money as respondent is jobless and was in B.ed college.

by hoping good job in the future he took lakhs of rupees loans from friends and relatives for house hold expenses.now everyone is demanding their money .

respondent has lost his professional career of teaching even in future he will not get job in any educational institution. hence professional career lost entirely.

he joined a job of sales representative as a fresher at the age of 37 yrs.at least for survival.

mother of respondent died and father is old and sick enough.Applicant is claiming that the share should be provided to her from the entire property owned by respondents.

she got pregnant even though she was not staying with husband .

her family lawyer knows everything as she was in mediatorship during the period 14-nov-2009 to 7-march-2010

mediator has filled the case of domestic violence with allegation of demand of dowry , pregnancy kick, physical and mental harrasment,

particularly she has mentioned at many places that on the instigation of sister and respondent-no-2 . respondent-no-1 demands dowry and mis behave with applicant.

can one suggest anything about this

if a person who has not earned anything from past three years and are in huge debt.
losst professional career and joined a job of sales representative as a fresheer for the sake of survival on salary 8000.00

how can he give the monthly maintenance of Rs 8000.00. specially from the day of application.

as per order currently respondent have to pay 72000.00 to the applicant. in a situation when he himself is not going to the doctor for his sickness to save Rs 30.00 and medicine charge.


Pranjal Baruah   26 March 2011 at 19:21

Forged tenancy agreement

Is it possible to register a criminal case in case it is established that a tenancy agreement has been forged to get a Trade license.Please let me know the sections under which the convict can be charged as well as the punishments imposed.