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

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Anonymous   24 February 2011 at 16:48

How to avoid such liabliity.

Respected Experts,
I stood as a surety to one Mr. Mohan(employee) and executed an un- regd.agreement with his employer. At the time of execution of the said deed, the employer has taken 1 lakh cheque(dated nil)from me as liquidated damages, in case if Mr. Mohan violates the terms and conditions of the said deed. I know that now Mr. Mohan has violated the said terms. Now the employer has sent a legal notice to me and Mr. Mohan asking to pay the said liquidated damages. Failing which the emplyer is going to present the said chque for collection.
In this situataion, how I can escape from the above said liablity.
plz clarify me.

Anonymous   24 February 2011 at 16:01

defamation

my wife got expired after 9 months of marriage. all rituals were done only in presence of her natural parents. then after 10 days they wrote a letter of 10 pages to society saying that we killed their daughter. they asked society in written for taking some action against my family. some of the office bearers of society being relatives of my in-laws took their side and asked us on verbal basis to return jewellery to them. though my in-laws have not done legal complaint, can i suit a case of defamation against them? please help...

Kunal   24 February 2011 at 15:06

Validity of FIR U/S 154

Dear Experts,

Please let me know once the FIR has been issued under section 154 for theft of laptop & passport is there any time limit/validity for submitting the FIR or reporting this to govt. authorities. For example can the passport department or insurance company refuse to accept the FIR which is more than 3 months old.

Regards

Anonymous   24 February 2011 at 14:29

Legal consequence of remand in police custody of government servant for more than 48 hours

Dear Respected Experts,

if government servant is remand to police custody for more than 48 hours in non-bailable offence is this affect the service carrier of that government servant.

is there any others legal consequence due to this.???

if yes pliz explain the relevant provision of law.
thanks in advance.

Anonymous   24 February 2011 at 12:38

suggestion plz

kind sir/madam

my sister filled DV case against my brother-in-law and his family.

in interim order court passed not to generate third party in matrimonial home. but respondent family against the order created third party and absconded.

i know that family is innocent but they are not not permitting my sister to stay and not giving any maintenance.

my query is what court will do?
1) is new purchaser is liable to stay in that flat?

2) will court pass summons against the respondents and keep the the case aside.?

3) or that flat will be sealed by court or allow my sister to stay in that flat?

plz suggest me as we dont want to keep our sister with us but cant leave her in this state also?

Anonymous   24 February 2011 at 10:49

bail matter


1. can a CJM grant bail in matter of non- bailable case or session triable case.

amresh   23 February 2011 at 23:57

Defamatiom

Dello,

Can a government officer file a defamation case against some other person who has falsely given a written complaint in the head officer due to which the image of this officer is getting affectd......?

imteyaz farooquee   23 February 2011 at 21:40

324 IPC non-bailable

in amendment of IPC,section 324 IPC is non bailable,but it is not enforced,now if it is enforced ,please refer notification No. or any ruling

imtiaz Bantwal   23 February 2011 at 20:28

Appeal against the proceedings initiated under section 107 of CrPC

Dear learned friends

I have a small query about the appeal against the proceedings under section 107 of CrPC by the executive magistrate.. under which section of CrPC it should be done..? and is it should be filed in Sessions court..? ple do the needful

aisha   23 February 2011 at 19:34

bigamy convition and necessary mariage ceremony proof

I got married in july 1996 n a temple / court ( but the marrge certificate was found forged lateron ) .As my husband was denying marriage with me and was leaving with other lady,In 2004 i moved a complant in dist court u/s 376 /494 etc and case was registered against him . in 2006 after relising that he is in trouble he/ his relative approched for compromise and promised to behave in future and gave affidavit in the court that he is only married to me and he has not perfomed second marriage.And that lady also gave affidavit in dist court that she is not married to my husband and my husband also gave affidavit in high court that he is married to me since july 1996 where he had moved application for quashing the said FIR(however that was not quashed) and also gave affidavit in distt court that he is married to me only and nothing to do wth othr lady.He also married me again in aug 2005 according to Hindu rites.
As the matter was compromised we were living together i soften my statnd and he was aquited in nov 2005 and court held that i am his legally wedded wife and second marriage was not proved so no offence was madeout.
He again deserted me feb 2006 and filed divorce case in march 2006 which has been dismissed as withdrwan in oct2008 as to avoid paying maintenance to me . Now He is living with that lady and introdusing her his wife everywhere . He also admitted in divorce case that he is married to other lady when he was confronted with passport and one biodata given to some govt dept.I have proof of documnets where other women's name is written as his wife his
passport ,
Biodata sumited in Govt dept ,

Affidavit giving his / wife property details to Election Dept in Sep 2009.

While cross examing in Divorce case he also admitted his marrige with that lady when he was confronted with above documents

That lady has also made voter card with husband as my husband

While disposing off Domestic violence case in 2008 filed by me Add Session Judge also held that he has commited the offence of bigamy

Now judge has summoned my husband and other lady against my complaint. My husband appeared and filed bond val 25000/ , but that women has taken stay from high court saying that she is his wife and i am not and i have filed false complaint. But she has not given any documentory proofs to the court and court stayed her proceeding without any documentory evidene

My querries :


1.Can the above proof are enough to prove bigamy (as i dont have their mariage pic etc)?????? as i am finding in all judgements that necessary cerimony of 2nd marriage should be proved.???????????

2. is high court fair in ordering without proving her his wife???????

3. Plz provide me any related judgment in conviction of bigamy