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

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Y Singh N Rajput   26 October 2010 at 11:55

Cheque Bounce, Section 138

A business associates say "A" managed pilferage of signed blank chequebook of his associate "B". "A" purchased steel wire rods from the stockyard of a public undertaking. On dispute wih "B" on some other ground, "A" fraudulently raised many bills on "B", showing the purchase invoice quanities truck wise. But the sale bill dates differ with purchase invoice dates and also the truck numbers are also different then the trucks in which materials were purcahsed. that is the sale bills are also shown as if it were sale from "A"s godown.

"A" has not produced weigh bride slips of the sold materials and also did not submit the purchased invoices.

It can be regarded as a bill to bill sale. ie.,quantities, dates of sale/purchase and truck number should be same for purchase and sale. But "A" has shown it as ex godown sale and on cross also confirmed it be x-godown sale on, ie.,sale on different dates and different trucks. In this type of sale quantiy truck-wise would never match with purchase quanities truck-wise.

Later "A" gets cheques bounced and filed a number of cases under section 138.

Please let me know chances of success of "A" in these suits.

Anonymous   26 October 2010 at 10:51

Hosting Websites and Client Flewed Away With

I am having a business of website development and hosting we have developed lot of websites one or two of our clients had flew away with investor money in their company for which we have developed website and hosted for them can police may proceed criminal conspiracy case on us how to protect our business and being not involved in any kind of criminal case because we have nothing to do with their business.Please help and advice.

Anonymous   26 October 2010 at 10:38

26 NOVEMEBER CASE

I M PREPARING FOR CLAT DIS YEAR. I WANT TO KNOW IN KASAB'S CASE THAT HERE IT WAS VERY MANIFESTED ON THAT DAY (26/11) DAT HE OPENLY FIRED ON MUMBAI POLICE AND CAUSED DESTRUCTION. AND NOW WHEN HE IS UNDER TRIAL N THEN WHY INDIAN GOVT. HAS GIVEN HIM A DEFENCE LAWYER. ALTHOUGH ARTICLE 22 OF INDIAN CONSTITUTION AND DP'S PROVIDE FOR LEGAL AID BUT HERE IT IS CLEAR CASE OF HUGE MASSACRE THEN Y DEFENCE LAWYER IS AVAILABLE TO HIM INSTEAD OF PUNISHING HIM DIRECTLY BY COURT.

Anonymous   26 October 2010 at 09:27

Kindly Suggest..

Dear Sir,

Please tell What is the way to protect husband and his family from wife and her family 498A and 125 ??

In today's situation if a man is going to marry, there are so many cases around us which spoil directly or indirectly husband family.What precautions a person should take to save himself and his family from 498A (Extremely dangerous ) and CrPC 125 ??

Kind Regards.

ar

Member (Account Deleted)   25 October 2010 at 22:45

498-a,against me

dear lawyers,
thanks for your kind reply,please tell me one more thing that what are the ways to pacify police as police is supporting my wife from left right and center they often come to my father home and threaten them for kurky and all,my father is retired principal and 77 years of age.he is patient of high blood pressure and sugar.tell me the ways to keep those police persons aside and is the inquiry conducted by them help my wife side ?

Anonymous   25 October 2010 at 21:57

Concurrent running of two sentences

Where an accused named in two different cases,and already in detention,but no concurrent running of sentences has been ordered.Can this order of lower court can be challenged on this ground or can only mercy prayer should be made to the High Court?

Thanks.

Anonymous   25 October 2010 at 21:45

Sec 138 of NI act

I am in receipt of cheques issued by a company.
Company has stopped the payment of these cheques.
I have intiated the procedure to file a case u/s 138.
I have stopped the payment of 11 nos Post dated montly cheques issued by me to company in lieu of refund of loan - with information sent by RPAD to company informing them that till they pay my due money or amounts are received by me either during the pendancy of court proceedings or after the case is finalised.
Now the cheques issued are against the doubtfull debt - as they have to first rebute their debt / liability and establish my debt.
Can company file a civil case claiming the stopped payments are rebuttable (and I am asked to prove the debt during civil suit)?

Anonymous   25 October 2010 at 21:09

Witness is required to be present on every date?

Dear Sirs,
In a Cr. case of theft filed by Police I am the witness no.4 having son of 8 years.On every date they call all the people & the whole day is wasted (they call at 1130- 12'o clock & there after any time. some times at 5 pm). As I am lady having shop & son coming home at 3 pm can I remain absent with permission of the court or with an application as I am last witness. Please guide under which section? I ready to appear whenever needed.

Either my self or my husband have to be with the child when he comes home. Nobody is there at home as I,husband,my mother in law, father in law(complainant whose evidence is over) Regards.

Anonymous   25 October 2010 at 20:41

Can I appoint my Adv. in a criminal case where Asst Public Prosecuter is our Adv.

Dear Sirs,
A criminal case is filed by police,on my complaint.Sections are 427,504,506 R/w,34 IPC against party (2 persons).Asst Public prosecutor is appearing for Police(i.e.Me & my family, 4 persons)the accused have appointed their Adv. My evidence is over. I am not happy with the Public Prosecutor. In such case can I appoint my own Adv. to run my case or to help the APP? Please guide at the earliest.Next date is 28/10/10.

Anonymous   25 October 2010 at 18:53

Income tax case and requirements in passport

Hi,

This is the situation

My father has a Income tax case against him.The judgment was in his favor in the district court.However the IT dept went to the high court and the case is still pending.Now my question is my sister lives in USA.My parents want to visit her during this summer.My parents want to apply for a passport.In the passport application form there is a requirement to obtain NOC from the court where the case is going on?So does the court issue a NOC?Will the passport office issue them a passport and can they travel abroad?Any help is greatly appreciated.

The experts on the forum replied that the court does allow this type of permission but at the same time it is the discretion of the court which varies according to merit of the each case. However the passport authorities will not issue passport keeping the NOC pending since evasion of tax comes under economic offense

I understand that in the above case a NOC needs to be obtained for obtaining a passport.My question is if the court does not issue a NOC and since the case is acquitted in the district court,can we attach a judgment copy issued by the district court and an order sheet from the high court where the case is filed, for obtaining the passport?Please advice.Any help is appreciated.

Thanks
Mahi