tapan
05 February 2017 at 11:11
sir, there were two complaint filed under 138 NI act. both cases 1/2016 and 2/2016 complainat and accused are same. But when evidence were led due to mistake case no 2/2016 evidence was led in case no 1/2016 and vice versa. cross has been accordingly. at time of further statment it came on knowlege about this to complainant. I am complainant. how can now i carry further ??? can it be cured ?
K.CHELLIAH
05 February 2017 at 10:33
Wat s d parent case of this prob?
Mrs. Vandana is a professional in the Auckworks Company dealing with Computer Software. She is married to Mr. Sujay who is a lawyer by profession. She is an active blogger and often chats on the internet but one night Vandana was unable to log on to her account. Her friend, Ms. Sanjana called her up and informed her that a chat message was circulating from her account which showed a very vulgar chat of hers with an unknown guy called Mr. Shiv Sharma. Further, she informed her that she has reportedly admitted in the chat that she was having an affair with a guy called Shyam for the last two years behind the back of her husband which was sent to all her contacts and her husband’s contacts as well. The interesting factor was that the chat had been dated 3rd October 2008 while the mail has been circulated on the 5th of October 2008. Mr. Sujay was disturbed with this fact and insisted to sever all ties with Vandana, who, on the other hand, lodged a F.I.R. with the cybercrime cell of the police in Delhi on 7th December, 2008. During the course of investigation it was revealed that there was absence of any specific IP address in India as the blogger had logged through a Proxy Server in Canada. After three months, the police could not locate any person by the name Shiv Sharma, but the person called Mr. Shyam, who was a Diplomat of Kenya in India, had been traced. The Ministry of Foreign Affairs mean while issued a demarche to the Consulate of Kenya at Delhi. The police meanwhile had sealed all the electronic records of Mrs. Vandana and was treating them as evidence. The police charge sheeted Mr. Shyam on 21st July, 2009 for cyber hacking based on the electronic records of Mrs. Vandana available to them. Mrs. Vandana meanwhile broke down mentally as the lawyer she has consulted could not suggest her some proper solution. She, however, accused Shyam for defaming her by way of circulating the chat messages to everyone in her contact list. Shyam denied all the allegations including the ones made by Vandana. In statement Mr. Shyam has contended that he was a good friend of Mrs. Vandana but they were not having any affair and that they both were unaware of any Shiv Sharma. The prosecution contended that Shyam had hacked the account of Mrs. Vandana with the intention to separate Vandana from her husband and also attempted to defame her. The chat had been done through SKYPET network a Proxy Server in Pakistan occupied Kashmir (PoK). The police issued a notice for disclosure of the entire transcripts of chats as well the details of users. However, SKYPET has its headquarters in (PoK) and had refused to hand over any details regarding their users on any account. The only record which the prosecution had was the auto saved chat messages on Vandana’s computer which had been there between Vandana and Shyam, no such records were recovered from the computer confiscated from cyber cafe. In those chats it has been seen that Shyam had consistently been saying that he loves Vandana and can go to any extent to get her from the clutches of her husband. The prosecution contends that Shiv Sharma and Shyam is the same individual and Shyam had planned to break all the ties between Vandana and her husband and thus get her for himself. When the case was put forth before the court for trial, the accused contended that the electronic records provided could not be treated as evidence according to the Indian Evidence Act, 1972 and also that, a chat which had been recorded on a foreign server cannot be treated as a piece of evidence in this regard. The defence further contended that on the alleged date i.e. 3rd and 5th of October he was in the Consulate Office of Tanzania at Delhi and he had also produced a log book of the Consulate as evidence to show that he was at Consulate. Besides, the trial court concluded that the Information Technology Act, 2000 does not have any specific provision to punish a person based on the facts of the given case. The Trial Court has acquitted him from all charges completely ignoring the issue of defamation. The State has now moved in appeal before the Delhi High Court to prosecute Shyam for the offences of cyber hacking and cyber defamation, the accused pleads that the High Court does not have any jurisdiction in this case as the Cyber Tribunal has been vested with the jurisdiction to deal with these cases. Besides, the High Court cannot go back to the facts of the case and deal with merits in order to come to a judgment and the Trial Court has been right in deciding that the electronic records cannot serve as evidence. However the petitioner relied upon the doctrine of exclusive knowledge and contended that burden of proof is reversed. Therefore accused was under a liability to prove his innocence and show that he had not done any of the chats to which accused contends that the exclusive theory will not hold good in this case as he was not present during the time of the chat in contention and that he could not be made to give proof incriminating against him in this regard. The Appeal is set for hearing before Hon’ble Delhi High Court on 26th March 2011. Note: The teams are required to prepare a case from both the sides.
md naseeroddin
05 February 2017 at 10:18
good morning sir ,
this is md naseeruddin s% waheedoddin from hyderabad sir
i am complted my 10th in the year of 2004 actual my name is md naseeruddin s% waheedoddin but it is printed in ssc memo as nasiroddin s% wahidoddin now i want passort iam geeting trouble what to do, i have taken school records thats have same name but in tenth they wrote worng i have taken records and also taken a application to board since last ten years but they are not doing pls suggest me
V.N.K. MENON
05 February 2017 at 10:00
My estranged daughter-in-law has filed maintenance under 125 for 20,000/- per month and also retrospectively from the year 2014 for like amount.
Query is IN REPLY THERETO WHETHER WE ARE REQUIRED TO AFFIX ANY STAMP DUTY?
Thank you in anticipation dear expert's views.
Ankit
05 February 2017 at 09:04
Hi,
There is a case under section 323 and 406 IPC, all the witnesses from the petition side are complete. From last two years court is summoning IO (Investigating Officer) for witness of charge sheet.
Q1 - If IO does not appear in the court and does not proves the charge - sheet then will the civil judge dismiss the case or not or what difference will it make to the case?
Q2 - Till when the court will kept summoning IO if he is not appearing?
Omi123
05 February 2017 at 01:10
Two years back I was booked under section 151 will it affect my career? Will I be able to get govt jobs.(civil services)? Please help
Mahadev Narayan Dadar
05 February 2017 at 00:52
I am running 498a as PIP for me and my parents . Can I go pip for me only and can appoint advocate for parent. Cross examination is running at last date for 1st witness . Please suggest and explain procedure
jaydeep
04 February 2017 at 22:24
Sir my family friend mr. chary died on 18/01/2017 and was unmarried and he nominated me in all his property except one Bank FD and his brother give me NOC by way of Affidavit that he has no problem in nomination and i found his oral will not registered which is attached hereunder
point of doubt:-
1) Can i claim the Bank FD.
2) Is the oral will valid.
inderjeet
04 February 2017 at 21:49
From one district to another how can civil case be transfer and which court has the power
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Service tax on sports coaching to school students
Hello,
I would like to know if there is any exemption on providing sports related coaching services to school students?
Any help would be appreciated. Thank you.