gulab
04 April 2010 at 11:24
Sir, Can a grandfather make a decree in favour of his grandsons if he is having three sons and two daughters alive.
WHATSAPP 91-8075113965
04 April 2010 at 10:37
I am appearing for the accused in a narcotic case and it is posted for final hearing.
Facts of the case is as follows :
Please guide me .
Offence u/s 20 (b) NDPS ACT.
ALLEGATION :-
Accused was found carrying 36 gms of ganja, in a plastic carry bag and he was arrested in a public place, on a casual search by the excice officials. ( no prior information).
Prosecution has examined 5 witnesses, and marked 6 documents.
Pw1 and pw4 - arresting officers
Pw2 and pw3- independent witnesses, ( not supported prosecution story ) but they were cross-examined by the prosecutor, without declaring hostile. is it permissible ?
Pw5 – investigation officer
Documents :-
P1 – seizure mahassr
P2 –arrest memo
P3-consent letter u/s 50 ndps by accused , to be searched by the arresting officers themselves( stating that there is no need of magistrate or gazette officers)
P4-occurance rport
P5-property list
P6-chemical analysis report
P7-inspection memo
M.O WAS NOT PRODUCED BEFORE THE COURT, NOR MARKED.
BUT, THE PROPERTY LIST SHOWS THAT IT WAS SENT TO THE COURT, AND THE COURT HAS RECEIVED IT ON THE SAME DAY…..WHETHER ACCUSED IS ENTITLED TO THE BENEFIT IN THIS REGARD ?
Grounds, I believe worth noting are :-
NO M.O WAS MARKED
INDEPENDENT WITNESSES ARE NOT OF THE LOCALITY
INDEPENDENT WITNESSES, NOT SUPPORTED THE PROSECUTION STORY
NO ENDORCEMENT IN THE ARREST MEMO , THAT ARREST OF THE ACCUSED WAS INFORMED TO HIS RELATIVES, BUT IT IS THERE IN THE P7 INSPECTION MEMO
PW 1 AND 4 SAYS THAT THERE IS NO COLUMN IN P2 FOR THAT. THAT’S WHY A SPECIAL P7 WAS PREPARED. BUT, AS PER DK BASU V/S UNION OF INDIA, IS IT NOT MANDATORY, TO INCLUDE IT , IN THE ARREST MEMO , ITSELF ?
NO REPORT U/S 57 IS MARKED. BUT SIMPLY STATED IN THE MAHASSAR THAT AFTER COMPLYING SEC 57, PROPERTY AND MAHASSAR WERE SENT TO COURT. IS IT SUFFICIENT ?
NO FOREWARDING NOTE WAS MARKED.BUT, ANALYST REPORT IS MARKED . IS IT SUFFICIENT ?
I am told that in NDPS CASES, there a lot of citations that before conducting search of an accused. The arresting officers has to offer their personal search to the accused, to avoid implanting of contraband articles.please give me any one of such citations .
Accused has signed in p3 consent letter. But, but p2 arrest memo bears accused “s thumb impression , not signature ! its legal consequence ?
Is sec 50 mandatory in cases or consent letter from accused , while in custody is sufficient ?
Ref : 2002(2)KLT 211 (SC)
PLEASE GIVE MAXIMUM CITATIONS FOR THE ABOVE GROUNDS .
RESPECTFULLY,
SD/-
SALILKUMAR.P
ADVOCATE
THALASSERY
09447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
04 April 2010 at 10:35
I am appearing for the accused in a narcotic case and it is posted for final hearing.
Facts of the case is as follows :
Please guide me .
Offence u/s 20 (b) NDPS ACT.
ALLEGATION :-
Accused was found carrying 36 gms of ganja, in a plastic carry bag and he was arrested in a public place, on a casual search by the excice officials. ( no prior information).
Prosecution has examined 5 witnesses, and marked 6 documents.
Pw1 and pw4 - arresting officers
Pw2 and pw3- independent witnesses, ( not supported prosecution story ) but they were cross-examined by the prosecutor, without declaring hostile. is it permissible ?
Pw5 – investigation officer
Documents :-
P1 – seizure mahassr
P2 –arrest memo
P3-consent letter u/s 50 ndps by accused , to be searched by the arresting officers themselves( stating that there is no need of magistrate or gazette officers)
P4-occurance rport
P5-property list
P6-chemical analysis report
P7-inspection memo
M.O WAS NOT PRODUCED BEFORE THE COURT, NOR MARKED.
BUT, THE PROPERTY LIST SHOWS THAT IT WAS SENT TO THE COURT, AND THE COURT HAS RECEIVED IT ON THE SAME DAY…..WHETHER ACCUSED IS ENTITLED TO THE BENEFIT IN THIS REGARD ?
Grounds, I believe worth noting are :-
NO M.O WAS MARKED
INDEPENDENT WITNESSES ARE NOT OF THE LOCALITY
INDEPENDENT WITNESSES, NOT SUPPORTED THE PROSECUTION STORY
NO ENDORCEMENT IN THE ARREST MEMO , THAT ARREST OF THE ACCUSED WAS INFORMED TO HIS RELATIVES, BUT IT IS THERE IN THE P7 INSPECTION MEMO
PW 1 AND 4 SAYS THAT THERE IS NO COLUMN IN P2 FOR THAT. THAT’S WHY A SPECIAL P7 WAS PREPARED. BUT, AS PER DK BASU V/S UNION OF INDIA, IS IT NOT MANDATORY, TO INCLUDE IT , IN THE ARREST MEMO , ITSELF ?
NO REPORT U/S 57 IS MARKED. BUT SIMPLY STATED IN THE MAHASSAR THAT AFTER COMPLYING SEC 57, PROPERTY AND MAHASSAR WERE SENT TO COURT. IS IT SUFFICIENT ?
NO FOREWARDING NOTE WAS MARKED.BUT, ANALYST REPORT IS MARKED . IS IT SUFFICIENT ?
I am told that in NDPS CASES, there a lot of citations that before conducting search of an accused. The arresting officers has to offer their personal search to the accused, to avoid implanting of contraband articles.please give me any one of such citations .
Accused has signed in p3 consent letter. But, but p2 arrest memo bears accused “s thumb impression , not signature ! its legal consequence ?
Is sec 50 mandatory in cases or consent letter from accused , while in custody is sufficient ?
Ref : 2002(2)KLT 211 (SC)
PLEASE GIVE MAXIMUM CITATIONS FOR THE ABOVE GROUNDS .
RESPECTFULLY,
SD/-
SALILKUMAR.P
ADVOCATE
THALASSERY
09447536929
advocatesalil@gmail.com
WHATSAPP 91-8075113965
04 April 2010 at 10:32
I am appearing for the accused in a narcotic case and it is posted for final hearing.
Facts of the case is as follows :
Please guide me .
Offence u/s 20 (b) NDPS ACT.
ALLEGATION :-
Accused was found carrying 36 gms of ganja, in a plastic carry bag and he was arrested in a public place, on a casual search by the excice officials. ( no prior information).
Prosecution has examined 5 witnesses, and marked 6 documents.
Pw1 and pw4 - arresting officers
Pw2 and pw3- independent witnesses, ( not supported prosecution story ) but they were cross-examined by the prosecutor, without declaring hostile. is it permissible ?
Pw5 – investigation officer
Documents :-
P1 – seizure mahassr
P2 –arrest memo
P3-consent letter u/s 50 ndps by accused , to be searched by the arresting officers themselves( stating that there is no need of magistrate or gazette officers)
P4-occurance rport
P5-property list
P6-chemical analysis report
P7-inspection memo
M.O WAS NOT PRODUCED BEFORE THE COURT, NOR MARKED.
BUT, THE PROPERTY LIST SHOWS THAT IT WAS SENT TO THE COURT, AND THE COURT HAS RECEIVED IT ON THE SAME DAY…..WHETHER ACCUSED IS ENTITLED TO THE BENEFIT IN THIS REGARD ?
Grounds, I believe worth noting are :-
NO M.O WAS MARKED
INDEPENDENT WITNESSES ARE NOT OF THE LOCALITY
INDEPENDENT WITNESSES, NOT SUPPORTED THE PROSECUTION STORY
NO ENDORCEMENT IN THE ARREST MEMO , THAT ARREST OF THE ACCUSED WAS INFORMED TO HIS RELATIVES, BUT IT IS THERE IN THE P7 INSPECTION MEMO
PW 1 AND 4 SAYS THAT THERE IS NO COLUMN IN P2 FOR THAT. THAT’S WHY A SPECIAL P7 WAS PREPARED. BUT, AS PER DK BASU V/S UNION OF INDIA, IS IT NOT MANDATORY, TO INCLUDE IT , IN THE ARREST MEMO , ITSELF ?
NO REPORT U/S 57 IS MARKED. BUT SIMPLY STATED IN THE MAHASSAR THAT AFTER COMPLYING SEC 57, PROPERTY AND MAHASSAR WERE SENT TO COURT. IS IT SUFFICIENT ?
NO FOREWARDING NOTE WAS MARKED.BUT, ANALYST REPORT IS MARKED . IS IT SUFFICIENT ?
I am told that in NDPS CASES, there a lot of citations that before conducting search of an accused. The arresting officers has to offer their personal search to the accused, to avoid implanting of contraband articles.please give me any one of such citations .
Accused has signed in p3 consent letter. But, but p2 arrest memo bears accused “s thumb impression , not signature ! its legal consequence ?
Is sec 50 mandatory in cases or consent letter from accused , while in custody is sufficient ?
Ref : 2002(2)KLT 211 (SC)
PLEASE GIVE MAXIMUM CITATIONS FOR THE ABOVE GROUNDS .
RESPECTFULLY,
SD/-
SALILKUMAR.P
ADVOCATE
THALASSERY
Anonymous
04 April 2010 at 10:14
whether as per new amended cr p c sec 324 and 420 of i p c are compoundable?when it comes into force
Anonymous
04 April 2010 at 10:04
Respected experts,
I am in trouble with my immovable property.One person encroached upon my open land to the extent of 50 Sq.Mtrs. out of my 2000 Sq.Mtrs. area before 35 years. In the year 2000 encroacher has mutated this 50 Sq.Mtrs. land in local Municiple Council's name on Property card and shown himself as a lessee of Municiple Council by making fabricated document.The concern office T.I.L.R. has deducted 50 Sq.Mtrs. area out of 2000 Sq.Mtrs.and prepared new C.T.S.Number. On this new C.T.S. number Municiple Council shown in the ownership column and encroacher shown as a lessee of M.C. Now I want to vacate encroacher from my land and delete the name of Municiple council which is shown as an owner on Property Card.Please advice me which legal steps should I take to protect my immovable property in the eye of law?
kirtirani sole
04 April 2010 at 09:37
Dear Sir/Madam
can anybody pls provide me judgment-
P.C.Chako & Anr.v. Chairman of LIC of India & ors. decided by S.C. on 20-11-2007.
Regards.
Anonymous
04 April 2010 at 09:33
i am from south india. there are come NI cases against my firm in Mumbai and Delhi in JFMs there.
I am been issued warrant for the same. Can i change the cases to South India and if so what are the formalities
Anonymous
04 April 2010 at 07:33
Dear All
I am having visitation order for seeing my child but my wife is not following it .
I have filed 3 memos in the Family court bringing it to the notice of the Judge and even after the Judge telling her to bring she is not bringing.
She has the audacity to file a counter memo stating that I should fix appointment with her for seeing the child even though vistation order is in force.
At this stage I am planning to file a memo to STRIKE OUT THE DEFENSE IN HER Guardianship petition under CPC 151.
If anybody has any judgments in this regard please forward it and also your feedback in this regard will be highly appreciated
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refusal of Letter of Credit
Our client had refused to accept the L/C wherein the purchaser extended its validity without specific authorisation or permission from the beneficiary.
Whether the beneficiary can refuse to accept the L/C.
Will it amount to termination of contract automatically.
What is the consequences.
PL. answer