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

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Kumar Krishan Agarwal Advocate   06 December 2009 at 23:08

Illegal threat for arrest

1. Suppose one aggrieved party made a complaint to local area Police station(P.S) about the offence.
In bounce back the other party also made a cross complaint after some time at same (P.S).

The SHO/SO threatening that if both parties not resolve the matter and make a compromise application then he will sent to custody and after that you will have to apply for Bail.

What is the way to tackle such situation wisely so that if no compromised will be executed by the complainant he will not arrest by SHO/SO and the reputation of the party will be safe and causes no harm.


2. Suppose if the police officer try to arrest the advocate on any baseless allegation then how it be prevented for being arrest so no harm of reputation of an advocate will be caused.

a). How the advocate tackle his own arrest without the pen, paper and law book etc ?

b). What the legal action will be taken against wrong police officer after free on Bail from court.


dr subodh kumar   06 December 2009 at 22:21

cheque bounce

Thanks Mrs Joyce for the reply to my last query.
But you havent commented that what are the provisions of fine in such matters.As far i know there is provision of fine upto amount equal to the cheque amount but under what situation it will be imposed on the defaulter

Anonymous   06 December 2009 at 21:57

insurance policy

i have a passengers carrying vehicle with permit, registered with rto office as such since 2002 and insurance policy also for commercial vehicle but the insurance company changed the last policy as private vehicle and in this period of policy accident occurred, can insurance com. changed the policy without changing in the RC

Tathagata Chakrabarty   06 December 2009 at 21:33

Sarfaesi Act

Sir,
I am a borrower from SBI running (SSI)business for the last 20 & 10 yrs with the same Bank in two units (Proprietorship & Pvt Ltd)in the same trade.Both businesses started turning bad due to economic downturn as my basic Raw Materials are Petroleum Bye-Products & abnormal rise of prices saw my entire working capital wiped off.I wrote to Bank in Aug 07 before my Account was NPA for quick injection of funds for nursing the unit back to health.Although verbally assuring me,the bank fell into deep slumber once it found out that the advance was secured against my house property etc.I wrote a number of letters asking for financial support, but the bank did not respond & now they are threatening me with legal action if the Accounts are not regularized as they have turned NPAs.
My questions are:
1)Can I bring & sustain a complaint of damages against the Bank as in truth they have avoided any assistance in spite of my long track record.
2)As per Rbi guidelines banks have to complete restructuring within 60 days of receiving an application
3)Will i be able to hold back the might of Sarfeasi Act on the basis of complaint u/s 17(1),once the due process of 13(4) etc is over.
4)In the light of the above & the fact that the bank by its inaction has ruined my businesses do i stand a chance of negotiating for an OTS of 25% of the outstanding amount.
I will be obliged to receive any guidance/Assistance from the valued experts.
regards.
T.Chakrabarty

manoj   06 December 2009 at 21:00

loan to pay brothers

Hi,

We are three brothers and i am the middle one and we have decided to to share the property aquired by my father and i take the house with the consent of all my family members and pay my two brothers. i need to know if i can get loan for paying my brothers with a gift deed in my name? or pl. suggest which a suitable way and which bank gives me a home loan. awaiting your eager reply.

Regards,

Anonymous   06 December 2009 at 20:35

SEC-138 OF N.I. ACT

A HAS TAKEN A LOAN FROM A PRIVATE FINANCE CO. FOR RS.40,000/-. A WAS PAYING INSTALLMENTS BUT PRIVATE CO. WAS NOT ISSUING TOTAL RECEIPTS FOR CASH AMOUNT RECEIVED. DISPUTE ARISES WHEN A SMALL AMOUNT OF LOAN WAS OUTSTANDING.
B (CO.) PRESENTED BLANK CHEQUE TAKEN FOR SECURITY AND FILED RS.70,000/- COURT CASE WHICH WAS DECIDED AGAINST A AND PUNISHMENT OF ONE YEAR CONVICTION WITH RS.1,000/- FINE AWARDED.A FILED APPEAL AGAINST CONVICTION WHICH IS PENDING.
IT WAS TOLD BY B (FINANCE CO.) DURING TRIAL THAT HIS PROP. FINANCE FIRM HAS NO LICENSE FOR FINANCE WORK(BUT JUDGE IGNORED SAME). WHETHER A FINANCE CO. HAVING NO LICENSE TO FINANCE CAN TAKE LEGAL ACTION U/S 138 OF N.I. ACT AGAINST A AND GET HIM CONVICTED .B HAS ALSO FILED CIVIL SUIT FOR RECOVERY OF RS.70,000/- PLUS INTEREST. WHETHER B IS LEGALLY ENTITLED FOR THIS CIVIL SUIT ALSO?

Anonymous   06 December 2009 at 20:31

Rights of children in Mother's successionary property

A is the son of B. B was the mother of A. B died in the year 1995. after her death her name is entered in 7/12 extract of her deceased father's property in the column of other rights along with her two brothers.
later on B's brothers made a agreement of sale with C. later on C filed a suit for specific performance of contract on the ground of this agreement. and as per the court's order this property was sold out to C.
Now A knows about all this facts, then he submit a application to the talathi office and A's name along with his two sisters is entered on 7/12 extract of her mother's deceased fathers property in the column of other rights.
Then whether A has a right to claim for possession and measne Income. ?
If yes, Please specify along with all grounds. and on what ground he can issue a notice to C. Please it's urgent.

sunildatta akole   06 December 2009 at 20:30

Rights of children in Mother's successionary property

A is the son of B. B was the mother of A. B died in the year 1995. after her death her name is entered in 7/12 extract of her deceased father's property in the column of other rights along with her two brothers.
later on B's brothers made a agreement of sale with C. later on C filed a suit for specific performance of contract on the ground of this agreement. and as per the court's order this property was sold out to C.
Now A knows about all this facts, then he submit a application to the talathi office and A's name along with his two sisters is entered on 7/12 extract of her mother's deceased fathers property in the column of other rights.
Then whether A has a right to claim for possession and measne Income. ?
If yes, Please specify along with all grounds. and on what ground he can issue a notice to C. Please it's urgent.

Anonymous   06 December 2009 at 20:20

SEC.-482, QUASHING

A SUED B FOR DEFAMATION UNDER SECTION 400-500 AND PROCEEDING IN LOWER COURT IS GOING.
B APPROACHED THE HIGH COURT FOR QUASHING THE COMPLAINT AND LOWER COURT PROCEEDINGS U/S 482.B IS A UNREGISTERED PROPRIETARY FIRM HAVING NO LICENSE TO DO FINANCE WORK. WHETHER AN UNREGISTERED PROPRIETARY FIRM HAVING NO LICENSE TO WORK CAN TAKE LEGAL ACTION U/S 482 FOR QUASHING UNDER SUCH A SITUATION ?

Anonymous   06 December 2009 at 18:51

Facilitators Commission on Legal Gold Commodity Deal

Respected Sirs / Madame,

What are the rules and regulations that are applicable to us when I am receiving commission for facilitating trade deal between seller and buyer for gold commodity happening outside india?

What are the formalities that I need to follow in order to bring in the commission obtained outside india into india?

As the commission given to me is already tax paid as per that country law. What kind of tax is applicable to me when I bring it into india and how best I can reduce the burden of double taxation?

This commission has to be shared with my group here in India and how should I disburse to them and what laws are applicable for doing it?

What kind of Agreement (Tripartite) should I enter into in order to smoothen the process of sharing of commission?