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

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rajvinder singh   01 December 2010 at 21:44

complaint case

in compliant case under prevention of atrocities on sc /st ,the complanant was examined,other two witnessess were also examined in preliminary evidence,but sc certificate was not exihibited,
further the preliminary evedence is not closed also.
now i wna to exihibit the sc certificate and some other documents,how can i do so.wheter i have to recall the compalnant by moving application under section 311 crpc,or i have to simply make another statement for exhibiting the documents.

Member (Account Deleted)   01 December 2010 at 21:07

compensation

Dear sir, once again i need your help as i talked to my father today and he was telling that someone from kutumb court had come to them and he was asking them to get the paper signed which has GUJARA ALLOWANCE or compromise hearing sort of notice for my name.but my father had refused as it was addressd to me and my bail is not done till know and as per that messenger judge would decide the Gujara allowance from his side if i dnt present in front of Kutumb court.my wife has registered 498 a against me.and my entire family and allegated for keeping extra marital relation with my maternal sister.my lawyer is telling me that he will get my bail done but let the right time.case had been registerd in 4 may 2010,please guide me and can they go to the new paper for my name and photo to publish if i dont present in the court?

Anonymous   01 December 2010 at 20:36

Prosecution witness

The Public Prosecutor concluded the prosecution evidence by dispensing some of the witnesses mentioned in the witnesses list. In such situation Whether the trial court has any power to order for examination of more witnesses from the list of witnesses?

Sudheer J. Sarvate   01 December 2010 at 19:57

cheque dishonour case u/s 138

Sir,

We have filed legal case in the court against one party.

The evidence is finished, now the defendant advocate taken a objection that the complaintant has filed power of aurhority, but being a private ltd. company board resolution is not filed.

He also takne objection that the legal notice is send only by registered post which is returned back as Door Closed.

So can anyone give any case law reference on the same.

R.SHAH   01 December 2010 at 18:49

FRAUDULENT OBTAIN MAINT. ORDER IN 125

DEAR ALL
I HAVE FILE REVISION AGAINST ORDER PASSED BY JMFC IN MAINT, CASE 125 TO MY EX-WIFE IN SESSION COURT. I CONTENDED AFTER DIVORCE SHE IS NOT ENTILED FOR ANY MAINT. AS PER MWA-1986. WHERE SHE APPEARED AND OPPOSED MY REVISION BY SAYING "I M STILL LEGALLY WEDDED WIFE OF MINE' NOT ADMITTING DIVORCE AND CITED JUDGEMNT OF SC IN SHABANA BANO VS IMRAN KHAN AFTER DIVORCE ALSO MAINT. TO WIVES TILL HER RE-MARRY.
THE SESSION COURT IN ITS JUDGMENT GIVE FINDINGS THAT LADY IS NOT RE-MARRIED AS SHE DEPOSED BEFORE THIS COURT, HENCE I M CONFIRMING THE MAINT. GRANTED BY JMFC IN 125 CASE TO RESPONDENTS. AND DISMISSED ON JUNE 2010.
ON LAST MONTH I COME TO KNOW AND POSSESS SUFFICIENT EVIDENCE THAT SHE GOT RE-MARRIED ON FEB 2010, THIS FACT WAS NOT DISCLOSED BEFORE THE SESSION COURT IN REVISION AND AFTER 1 WEEK OF MY FILING OF CANCELLATION OF MAINT. IN COURT SHE ADMITTED IN COURT ON EXECUTION PROCEEDING OF AREARS IN FAMILY COURT THAT I GOT MARRIED ON FEB.2010, WHEN I SAID JUDGE THAT AFTER FILING OF MY PETTION. ALMOST 10 BACKS SHE GOT MARIED AND FRAUDUALENT EXECUTED DISTRESS WARANT ON OCT2010.

PLS. ADVICE ME HOW TO FILE FRAUD CASE AS SHE CONCEALED FACT BEFORE SESSION COURT AND OBTAIN FAVOURABLE ORDER.

WHAT CASES I CAN PUT ON HER.
NOTE THAT IF I WOULD NOT COME TO KNOW ABOUT HER RE-MARRIED THEN SHE WOULD FOOL ME AND COURT.
AND ADVICE ME WHICH CASE FRAUD OR GIVING FLASE EVIDENCE IN SESSION COURT BY WAY OF FILING FALSE AFIDAVIT ON 1 WEEK BEFORE HER E-MARREID AND OPPOSED ON LEGALLY WIFE.
YOUR SUGGESTION WOULD BE HIGLY APPRECIATED.

Jainodin shaikh   01 December 2010 at 18:35

Chief Judicial Magistrate as Respondent

Can a Chief Judicial Magistrate be impleaded as 'respondent' in a criminal revision application if his/her order is ultra-virus one (beyond the boundries of law inforce or which is based on the outdated principles of law not recognized by the Cr.P.C. )?
Is there any caselaw on this point? If yes, please post it as attachment.
Thanks!

Anonymous   01 December 2010 at 18:00

Cyber law : Adult sites

Is watchig pron site is illegal in India? Can a service provider object to visiting pron site?

Thanks in advance.

ankit gupta   01 December 2010 at 16:26

victimology

Q1) need of compensation in victimology.

Q2) compensation and rehabilitation.

Q3) compensation as a mood of punishment/

Q4) consttutional prospectives of compensation.

please tell me the sources anf information for the above mentioned questions..

regards

ankit gupta

R.SHAH   01 December 2010 at 15:14

WITNESS NOT APPEARING IN 498A

Dear all,
my case is of 2005, lady has filed false 498a n others on me and my 5 relatives.
P.W.1 , 2 is over p.w3 her father witness is running sinec march 2009 to tilldate. were he comes 1 date and remain absent for 2 dates and whenever judge or mysde insist to give witness, give reason of not well, mentally not prepared etc.. total 30 dates where consumes and out which 13 dates he reamin absent and rest he avoid to give depostiion and escape with unvalid reason.
on couple date back judge imposed fine and put condition next date you have to give deposition, thereafter he remained absent and not pay fine after giving in wrting on next date i'll pay fine when order is givn. he filed complaint agisnt judge has she imposed fine on witness. since judge has given short dates, but he won't comes to court. now we got another short date. today i have file appln. for perjury comitted by p.w.1 for conducting inquiry and necesssary order, and appln. for dropping witness and proceeding for I.O's of the case. judge relied you have to file complant in upper court.
note. complaint got re-married on 10 months back,

kindly advice me how to proceed in the case to finish soon.
1. my dropping appln. is right time plac ebefore court, after p.w.3 tooks 20 months and in listed 10 witness are there.
2. my perjury appln. will be entertain at this satge (p.w.1 deposed on 08/05/05).
3. what action should i take against the complainant /witness.
4. trail court have power to dismissed case when witness willfully/intensionally not coming to delay and hang accused in trail. (on evry date i put one appln. of non appearnace of witness and necessary order)

suggest me the wayout so that i can onvince the trail judge to give necessary order on my steps in way of appln. for calling I.o's and dropping P.W.'s

regards

Anonymous   01 December 2010 at 10:08

dishonour of cheques

brief facts:In a particular case u/sec 138 of N.I Act,complaint sold his 14 acres of land to the accused & executed a sale deed in his fair.and issued receipt for entire sale consideration,though actually accused paid part sale consideration and he is due rest of the amount. on demand by complaintant he issued acheque which got bounced.

Its defence of the accused that he paid entire sale consideration,& so filed EX d1 & D2 saledeed, receipt given by complaintant in favour of accused.and there is another oral transaction for purchase of 4 acres of land belonging to complainant in respect of which he issued a cheque.

my query is whether accused is liable for acquittal or conviction ?