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

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Anonymous   14 January 2010 at 13:11

Urgent Help Please!

01. Amount in the Account was frozen on Day ONE and operations on the account with the entire balance was stopped.
02. Employee was suspended from Service on Day SIX.
03. Complaint with reason "Misuse of Computer System" was signed on Day EIGHTEEN.
04. Complaint was taken to SHO and registered as FIR u/s 409 on Day TWENTY THREE and none has signed on the FIR in the capacity of Complainant. In fact the Complaint was not handed over to the police by the authorised representative and hence not signed.
05. FIR was presented in Court of Law and Warrants Issued on Day TWENTY FIVE.
06. Amount was debited to the Account so frozen on Day EIGHTY SIX and all thethrough the entire account was blocked from operating even the amount above the disputed amount.

Accused is an Employee of the Bank and Complainant is Bank.

The transaction pertains to about 8 months prior and transaction was not properly checked on daliy basis

and the amount was credited to the account of the accused. Only with-drawals after the disputed dates were submitted to the police as if they belong to the disputed date, which is not correct.

No incriminating evidence as to the complaint in Sl.No.3 were provided to the Police even after FIVE MONTHS after registering FIR.

Police Authorities were successful to make the Bail Petition in District Court dismissed, but was granted by the Hon'ble High Court.

Even by then, Complainant Bank has not furnished any evidence in support of their exact complaint. Also kept the Police in dark by hiding some crucial information favourable to the accused, though the accused has been marked a copy of the correspondence to the accused. Can accused present it to Police, though the Complainant Bank has hidden this fact from the Police?

Complainant Bank, though not provided any evidence in support of their exact complaint, persuading the Police to file Charge Sheet.

Accused is not paid Subsistence Allowance timely and correctly, and delay is nearly one month from the date

of submission of required certificate. The Bank has separate set of instructions reading as, "PAYMENT OF SUBSISTENCE ALLOWANCE IS MANDATORY. NON-ADHERENCE TO THESE RULES WILL INVALIDATE THE ENTIRE DISCIPLINARY PROCEEDINGS (Domestic Enquiry, in other words)".

Whether the sequence of incidents are in order to make a case?

What would the best recourse to get away from the FIR and get back to the Job?

Anonymous   14 January 2010 at 13:02

Eviction of tenant

Can somebaody give me case laws where i can vacate my tenents who are my close relatives against reverse possession

shrikant chede   14 January 2010 at 12:59

Damduppat

Respected sir ,
can u explain the concept of Damduppat

shrikant chede   14 January 2010 at 12:55

dam duppat

resp. sir ,
can u explain the concept of dam duppat

Anonymous   14 January 2010 at 12:52

dishonour of cheques

CAN UNLICENSED MONEY LENDER SUE THE ACCUSED IF THE CHEQUE BOUNCES

Anonymous   14 January 2010 at 12:41

non replacement of mobile having defect

My wife Meeta Singh had purchased one samsung star mobile set (Model S5233)from UniverCell shop at Koppikar Road Hubli vide Invoice No. UKA400796 dated 06/09/2009 by paying Rs. 8900/- in cash. But since day one the set get hang while dialling/ receiving call. This is happening atleast 8-10 times in a day since begining. I have reported this defect to the hubli shop, but they had told me that they are responsile for sale only. They are no where concerned with the service. Quote of the manager Mr. Sudhir:-"I have sold the item and my responsibily is over. If you have any problem with the set, please contact samsung service centre". I am stayibg at Dharwad which is 20-25 km away from the said shop as well as samsung service centre. However in the month of October'09 I had reported with my said mobile set to the samsung service centre. They had updated software of the set and handed over to me. But since defect was still unresolved, I had requested to the mentioned shop to please get it rectified. After several request, at last they had agreed to take my phone for service. In the month of Nov.'09 after holding my phone for 10-11 days, they have handed over the set to me with the remarks that "if it continues we will arrange to replace the same". In the mean time I had left for my native place for some personal work for around 25 days. but the problems were continued with the set. Any way in the month of December'09, I had further reported to the shop about the defect. At this time they had taken my phone for 5 days and given back after geting serviced by samsung service centre.

But unfortunately that defects continues. On reporting to the shop as well as to samsung and univercell customer care I was told to submit the phone to the shop.

I had deposited the set to the shop on 30th Dec'09. But since then I am daily trying to contact shop manager but he is not picking up my phone. One customer care executive Miss Lata had suggested me to call UniverCell state head Mr. Balaji as she is also not able to contact Mr. Shop Manager However at last Mr. shop manager has picked up my phone and told that there is no any problems with the phone.

At this stage I am not able to understand what to do?

Please suggest me what to do?

Regards


Anonymous   14 January 2010 at 12:19

Quashing of Charge Sheet/FIR

Sirs,

Please enrich me, whether a Charge Sheet filed in the Court of Law by IO in continuation with an FIR can be quashed? Or Can any one pray for Quash on the grounds of false complaint/FIR after filing the Charge Sheet? This doubt has arisen, in a case, where exact evidences in respect of complaint/FIR were kept secret by the complainant and the SHO and not made known to the accused and Charge Sheet has been filed against the accused in the Court of Law.

Anonymous   14 January 2010 at 11:39

Maharashtra Housing Socities Act

I am resident of a registered society in Mumbai and seek advise. Some of the members of the society has purchased the Servant's Toilet built by the Builder, as shown in the Plan passed by the BMC. Can a builder sell the place which was built as servant's toilet to any such member?
Secondly the builder had built up the said Servant's Toilet as room and now members who have purchased are used the same as either store room or office with computer and other accessories. Under the situation can the Society charge them and if yes under which Bye-Laws/ Societies Act? Kindly advice. Thanks Jitendra

shweta Verma   14 January 2010 at 11:24

hiring private advocate

Sir,
please advice me, can a private advocate can be hired if the case is State V/s respondent and State has provided Public Prosecuter in the case, if yes, plz give some citation, specially with reference to case u/s 304B.

Anonymous   14 January 2010 at 11:08

Multiple Ditto copy of WILL in Original wiil be Valid ?


My Mother want to Make 5 Original ditto copy of will and want to give all 5 children in advance, will all be valid because she thinks that it will smoothen each ones working ?