Parvez
28 September 2010 at 12:46
This is a case of failure of “Swiss Aqua” brand mineral water bottle sample(No.5538/ASR) taken by Chief Health Inspector of Northern Railway from pantry car of 2926 Up Paschim Express on 15Jun97 from Mr. Gulab Premanna ,Bill Issuer of Pantry car no.94192(CPT62).
As per the sample report of mineral water bottle “The sample was not found contaminated however was found not having properly labeled and therefore it was taken as “misbranded” (Batch/lot/code no of the product were not given).
In this case, Mr. Gulab Premanna, bill issuer and Mr. Shabbir Shaikh, CCTRI Dinning Car, Mumbai Central have been made first and second party while the firm M/s natural Food Products, Borivali (W) Mumbai (Supplier of Swiss Aqua brand mineral water) has been made third party.
The case has been filed in the court of Judicial magistrate, First class at Amritsar and since then hearing has been going on at a regular interval.
Unfortunately, the two staff of Western Railway, Mr. Shabbir Shaikh CCTRI/Dining Car & Gulab H Premana ,Bill Issuer have been implicated in the prosecution in case no.55/99 in the court of JMIC-Amritsar. It is pointed out that Mr. Shabbir Shaikh-CCTRI has been made party in the case being in charge of Dining Car at Mumbai Central though not traveling in the pantry car.
The two of the Western railway Staff have been implicated for none of their fault.Hon’ble Court had issued a Warrant against the employees.
Strictly speaking the case should have been registered against the manufacturer/s Natural Food Products, Borivali, Mumbai and Railway staff could have been witnesses, if required. The staffs so charged have undergone mental, physical and financial agony. The contract was discontinued in 1997-98 itself whereas the case was registered after 2 years.
As per section 186 of Indian Railways Act, 1989 “No Suit, Prosecution or other legal proceeding shall lie against the Central Government, any administration, a railway servant or any other person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made there-under. This was completely ignored by the Hon’ble Court and warrants were issued.
Neither Mr. Shabbir Shaikh CCTRI/Dining Car nor Gulab H Premana ,Bill Issuer was guilty as Food and water is directly supplied in the sealed boxes from the store in the Train and there is no way that these staff can have a Quality Control.
Tenders are allotted to the contractors at a higher level by the Railway Administrative authority and staff is supposed to use the material supplied by the contractor which the staff did in a good faith. It is a Contractor/Supplier responsibility to ensure that material supplied is as per the terms and condition set by the Railway.
It is also pointed out that no sanction of Western railway was taken or proper advice was given by Northern Railway at any stage to prosecute the staff.
My Father (Mr. Shabbir Shaikh) has already retired in Apr10 and suffering from Hypertension and Diabetes. It is very inconvenient for him to travel all the way from Mumbai to Amritsar on all dates for which he is not at all responsible.
I have been given to understand that the trial is near completion.I wanted to check say God forbid if my father has been convicted by the court how can I proceed with the following:
What's the process to challenge the decission in Session Court?
If he is sentenced for imprisonment then how much time will it take to bail him out?
Is it possible to take a anticipatory bail?
Any other legal process by which I can avoid his arrest?
Your Truly,
Parvez
insaniyat
28 September 2010 at 12:29
Dear Experts,
She filed false 498a and DV last year and mentioned that she has no source of income. She lied to court while she is the owner of property fetching handsome monthly rent.
I had collected certified copies and EC of her property. Can you advice me how to make use of this documents?
Thanks and regards.
Anonymous
28 September 2010 at 10:15
w.p.decided by hon'ble high court orer to comply ordedr within eight weeks .date of orer is 22 july 2010 accordingly eight weeks period complete on 22 sep 2010 .we proceed to Hon;ble supreme court to challange the order my question is
1)can apposite party file contempt proceeding after eight weeks or after 3 months from date of order(limitation period)pls reply urgently
Thanks and regard
Anonymous
28 September 2010 at 09:30
Hi,
I have obtained an expartee decree of divorce in 2007 and my wife has filed a petition in high court for stay and it is in the final hearing and please let me know what could be the result from your experiences.
I have been married in 2002 and I have stayed with her still 2006.
She has filed a 498a case after decree of divorce and we have applied for a discharge in the court how much is the rate of success. We have also filed a fir against them because they have assulted us and can please let me know how to get rid of this 498a case as it a false case and should I have experienced lawyer for this because the lawyer right now is just 3 years experienced.
Please provide me some experinced lawyer number in bangalore and even economical.
Anonymous
28 September 2010 at 09:18
as we have a plot , the owner of the plot is my grand mother for past 25 years.She died six monthe back. She made a registered will & registered gift deed on the name of my father three years back and my father also paid the stamp duty in the front of sub-registrar.My uncle doesn,t know about the situation of the plot and he presented a fraud un-registered will in the front of the court that is (the thumb mark of my grand mother is six years old &the will date is eight months old).We the possession of the plot for past three years .Now we apply for the injuction case ,then we take the pictures of the plot to show the possession of the plot .Next day my uncle goes there and broke our locks and put his own locks and also put security gaurds.then we complaint in the police station .The sho also seen the registry of our plot & my uncle denied to show any documents regarding the plot .now sho is not co-operating with us .the sho of police told us that i, am busy in common wealth games .So you are requested to give us the right direction that whether we can wait for the games to finished or move to higher authority for complainting the sho.
Anonymous
27 September 2010 at 20:00
I HAVE ISSUED BLANK SIGNED CHEQUES TO A PRIVATE FINANCER AND HAVE BORROWED RS 1.5 LAKHS. I HAVE ALSO EXECUTED BLANK PROMISSORY NOTES. AT THE TIME OF TAKING LOAN I HAD TAKEN XEROX OF MY SIGNED BLANK CHEQUES FOR MY REFERENCE. IN THE MEAN TIME I HAVE REPAYED 80,000 AND HAD DELAYED PAYING INTEREST. NOW THE FINANCER IS THREATNING TO PAY THE FULL 1.5 LAKHS AND 80,000 IS ADJUSTED TOWARDS INTEREST. I HAVE PAID ALL THE MONEY BY CASH. HE HAS NOW PRESENTED THE CHEQUES FOR RS 3 LAKHS AND IS HARRASSING ME WITH SEC138. IS IT NOT POSSIBLE TO PROVE THE MONEY I HAVE Actually borrowed. WILL THE BLANK XEROX COPIES WONT HELP ME AS EVIDENCE THAT I HAD GIVEN BLANK CHEAUES. THE HANDWRITING OF THE AMOUNT FILLED IS THAT OF THE FINANCIER.
PLEASE ADVICE
sanjay444
27 September 2010 at 17:09
I am living in Civil Line Zone. A lot of unauthorized construction is going on in this area.
Under RTI act 2005 I have asked MCD Civil Line Zone that "How many complaints you have received against unauthorized construction from 01.04.2009 to 30.06.2010"?
I am shocked with their reply.They have received 7516 complaints.Almost no action has been taken against all these unauthorized construction.
I have got all these (7516)addresses also.
My financial position don't allow me to take the services of an advocate to file a PIL.
Please advice.
Mohit Choudhary
27 September 2010 at 14:13
Hi my self Mohit,I was in Love with a girl NEETU.She cheated me with her family.She reported FIR against me at 14'Feb 2010.She reported as:-
My self Neetu and i am studing in B.COM as private student.And before 2 years i was start to be talk with Mohit as a friend.Once i was not taking with him so he slapped me.He is doing a private job and doing a engineering course.
1.Once i toke his book and i forget my vother id in his book and returnd the book with voter ID.
2.Mohit has my voter id so he purchase a Reliance SIM((930....) with it and sending "Ashlil Message or Jaan se marne ki dhamki" to my brother's mobile(99284...).Which we have saved in our mobile.
3.Once i seen my brother's marrige video in his computer so he copied it and take the print of my PHOTO and putted that out of my college.
4.He is saying me to be marrey with his otherwise he will kill me and my brother or kill himself also.
Police reported it and charged IPC 292,341, 343 on me also.
I took the bail from police station.Police has been remove IPC 292 on them behalf.Now my case is going in session court with IPC 452,341,343.
I have seen the case file:--
1.First withness is herself NEETU.In her bayaan at police station she justify that "Mohit has my voter ID and purchase a SIM jiska number 99284.... hai.
2.Second Witness is her mother "Kanta".In her bayaan "Mohit ke pass Neetu ka voter id hai jis se usne ek sim kharid rakha hai jiska number 99284.... hai"
3.Third witness is her brother "Jai Praksh"-He did't justify number any where".
4.Foutrh witness is "Her coaching center teacher Rahul Mehra".Accornign to him" Ek din coaching main ek polithin rakhi thi jisme NEETU ka photo rakha tha and ek din mere paas kisi Mohit ka call aaya tha jo neetu se baat karvanne ke liye kah raha tha"
Now maine kabhi Reliance wale sim ko use bahi nahi kiya hai aur vo 14 Feb ke baad band hai and Neetu and her mom ne jo number apne bayaan main kaha hai vo to usi ke brother ka number hai jo aaj bhi chal raha hai.Aur maine jaipur se kabhi koi engineering course nahi kiya hai.And usne photo ko college ke bahar kaha hai but she is private student and witness main coaching center ke teacher ko laaye hai.And she is the student of commerce then usko meri book ka kya karna tha aur usne kon si book li.Now her brother "Mujh se 2 lakh rupee mang raha hai case vapas lene ke other wise case main aur uljha dega ye bol raha hai".Actually i am a repuated person and Mujhe thoda dar lag raha hai kyoki sab kahte hai ki kanoon ladkiyo ki sunta hai.Please guide/help me.
Mohit Choudhary
Anonymous
27 September 2010 at 13:38
who can initiate the procedure for quashing of an FIR in court
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Procedure in mediation center for case under 498A;and 3&4 DP act
Pls someone advise me the procedure in mediatin center in allahabad HC. The case is under ipc 498a; 323 ; 3&4 DP act.We have already taken stay arrest from Hc.
and is applcable til mediation center gives theer report to HC
Is it face to face discussion with other party in presence of mediator or
Should we take service of some lawyer in mediation.
Who can attend the medation from husband side. only husband or all family members?
Any other tips ?