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

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Anonymous   22 March 2017 at 13:37

Arrests in 498A without avidence

Hello sir,

I was in Live-in-Relationships with a girl for two years (No avidence or Photo of marriage) . After two years we got a baby ... and after one year she did an FIR against me and my family under section 498A.

Only on behalf of alligations by that girl and statement by her sister ... that I got married to her in a temple and Now me and my family asking her for dowry.

I want to know that :-

1. Can police arrested me on behalf of allegation by girl and statement by her sister ???

2. Is there No need of arrested warrent in section 498A.????

3. If your ans is NO for both above quarries. Can I go against the police in higher court ??

One more thing .... I got bail same day from Court and Now the girl and her sister is not appearing in the court. What can I do against both of them

Thanks & Regards

Priti   22 March 2017 at 13:33

Sarfaesi act on agricultural land

Hi experts
My father gave our residential property to one of our relative as bank garantee of Rs 90 lakhs loan. The loan was taken for a poultry farm which is on agricultural land. Now he was unable to pay loans and outstanding is 60 lakhs. Bank has declared it as NPA and has sent a notice of 60 days under surfaesi act in which at serial no. 1 is farm and no 2 is residential urban property. I believe there is no CLU of land. But agricultural land on which farm is constructed is being used for commercial purpose and no cultivation is going on. I want to know is Surfaesi act applicable on this land and can bank auction this land first. Actually we want to save our residential property. Pls suggest. My father has become victim without fault by giving residence as bank gaurntee.

Mansi tolani   22 March 2017 at 12:55

Division of property of my aunt with no will

My aunt passed away last Monday due to heart attack, she was divorced long back and she had neither son nor daughter of her own, whatever she had was acquired by her only, after the divorce she survived alone, not with any parent or relative, she was a tailor, she is having a home ,there are her brothers who did no help in her live hood , but now they want to en capture the property, she is having 5 sisters ....to whom and how the property should be divided

sunil   22 March 2017 at 12:54

Recording of pw - discrepancies

Respected Members,

In a criminal case u/s 506, 509 on different dates the court noting has some discrepancies as under:

1) Accused was shown as “absent” whereas in PW1 deposition on the same date it is noted that accused (identified)

2) Next date was fixed because PP was absent but it is written that the accused was absent as such next date is given.

3) As per practice of the Hon’ble Court before deposition starts there is a call made for the accused and accused has to raise his hand to mark his “present” in the court room. And the 1st question asked by PP to the PW1 is “Is the accused present in the court room?” and the PW1 reply in affirmative and Hon’ble court makes a noted “accused (identified)”.

4) Deposition of PW was made in local language but it is translated into English by PP and written in summarized form which has changed the meaning of the deposition as well as dropped many important points which may go in favour of the accused.

5) PW4 in the Charge sheet has been recorded as PW2 in the form of recording deposition.

My humble questions – What accused can do in this situation? What precautions / remedies are available for the accused? How these are going to affect the case?

Thanks

Tanay Daap   22 March 2017 at 12:08

marriage with cousin niece in christianity

Can someone marry one's father's brother's daughter's daughter in Christianity?? Please reply with relevant Acts. Regards.

Balram Verma   22 March 2017 at 12:06

Ancestral property

Can my father having registry on his name for ancestral property say to one of his son to leave the house
Or can son claim from property when father alive

Tinku Tinku   22 March 2017 at 09:56

Technical resignation during departmental inquiry

Can someone seek the technical resignation while a departmental enquiry is pending.
In what conditions does head of the department withhold the technical resignation?
What if the employee tenders resignation while a departmental enquiry?

VIJAY K. TEOTIA   22 March 2017 at 07:53

Arbitration proceedings during pendency of civil suit

We have filed a recovery suit. Opposite party filed application for arbitration since agreement contains arbitration clause. We had written to party for arbitration for settlement but they did not respond. After that we filed recovery suit. My query is at this stage can court refer matter for arbitration? If court insist for arbitration can we ask for appointment of arbitrator and fix a time frame?

Mrunmai Deshpande   22 March 2017 at 06:41

Notarised power of attorny

Is notarized Power of Attorney sufficient for registering Leave and Licence Agreement for a flat in Thane for 33 months with a rent of Rs 20000/- per month ? Please advise !

Rajib Jha   22 March 2017 at 03:46

Hindu marriage act

If a person married in 1957 for first time again he married someone else in 1965 when first was alive and again he marries somebody in 1972 when second wife died but first was alive ,what happens when the child of first wife and second wife claims for succession certificate ,and what will be status of third wife if she is nominated by her husband for his pension?