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

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ABC   05 October 2014 at 23:40

Ni act 138 section

Dear sir,
I wants suggestion from you , As per U/S 138 act ,complainant and accused cross is completed.In this cross complainant had never arise a question of insufficient fund after that he arise the question in argument about insufficient fund.Is it necessary to produce sufficient fund certificate?if yes then can i produce the sufficient fund certificate as a evidence as per law?

John   05 October 2014 at 23:14

Misused of fund

Dear Sir,
I have google it for legal help and found your name and contact, so here I am requesting you to draft me a serious letter which i have to sent to Ministry of Tribal affairs for investigation and enquiry.
The details of the matter are spelt out in the following paragraphs:

It is learned from the official records that the following funds under TD&Hills and 13th finance Commission were granted for Autonomous District Council Tamenglong District, Manipur and they have misused such a big huge amount without doing any work. so i have being complaining numerous time to the Ministry of Tribal affairs through Public Grievance portal (PG portal) but state government of manipur don't take up any action.
I have file my grievance on dated 30-May-2014 in PG Portal, and Ministry of Tribal Affair have sent O.M. No. 11036/14/2013/PCV to Chief Secretary Govt of Manipur from Shri. RC Dhyani Under secretary Govt. of India to take necessary action and action taken be communicated to the applicant, but not even a single response, i dont get so far.

So i have file my second grievance again in PG portal on dated 13-August-2014, which the same Office Memorandum letter have sent to Chief Secretary for necessary action by RC Dhayni Under secretary, but still no action have being taken up by state govt. of Manipur.
​
As i don't get any response from state govt. even after 100 days, i have file in RTI application ref. No MOTLA/R/2014/60115 on dated 27-August-2014, but no response till now. So i want a serious letter which i have to sent to Ministry for inquiry and investigation.
It is hereby to bring to your kind notice that the above mentioned funds were being misused by the District Congress Councillor Party (DCCP) Core Committee members of Autonomous District Council (ADCs) Tamenglong District Manipur in connivance with the district council officials. Share were not given to Some Autonomous District Council Members and they have misused the funds for their own purpose headed by ADCs Tamenglong District Chairman Shri. HUMALIABOU.
This is for your kind information and immediate against legal action against the erring officials/individuals of the district council Tamenglong. Please draft me proper format letter which i have to sent a letter to Ministry of Tribal Affairs, to investigate the misused of fund by ADC Tamenglong Govt. of Manipur.

Raj   05 October 2014 at 22:56

Can police officer parallel be booked under 166/167 ipc who filed false chargesheet

My SIL filed false case under 498-A/406/323 IPC at her residence and she has made fake MLC from Govt hospital from different city which has given reverse report against her allegations and showed no injury mark there the IO conducted then investigation and framed the MLC with the chargesheet and filed in his jurisdiction and now we have been facing the trail in different city. Previously the IO without obeying the order of IO tries to arrest us. The IO visited once and twice for completion of investigation and trail is running in different city


My query is can we run parallel case against the IO under 166/167 of IPC during pendency of trial? who has disobeyed the orders of senior officer and framed the MLC document with intent to cause injury?

Can we file the case by Pvt complaint under section 200 Crpc at our place of location as the some cause of action too has taken place ?

can civil suits be file against the IO for delcartion, permanent injunction and damages after serving notice to Govt under 80 CPC??

Q Slinger   05 October 2014 at 22:34

can a1 file for discharge in trial court when stay from hc

Dear Experts:

I am A1 in a 498a case. A2 to A4 have quash pending in HC and also have "stay on all proceedings till further orders" as well.

I, A1, recently filed discharge CrPC 239 read with CrPC 188 in trial court. PP's argument was because there is a stay from HC, no petition can be entertained in trial court.

My question is:

1. Since there is no quash or stay on A1, would the PP's arguments be valid?

2. Are there any judgements that I can use in trial court to show that the petition from A1 should be honoured and case can proceed against A1 even if there is a stay for A2 to A4 in HC?

3. Any other arguments that I can use in trial court to ensure that Judge does not dismiss my discharge petition?

Regards

S.N.Derashri   05 October 2014 at 22:16

Consumer case

A an lawyer applied the Bar Council to suspend his license due to his joining employment. Later on he left the employment and requested the Bar Council to resume his license. He Paid the requisite fee for the same. Bar Council under a flimsy ground refused to resume the license. A Challenged the order in court where the case was dragged for 10 years and ultimately court ordered the Bar Council to resume the license. Can A file a complaint against the Bar Council in Consumer Court for loss of income and mental harassment treating the Bar Council as service provider or statutory authority charging fee and deficiency in service? If so kindly guide me with some authoritative pronouncement.

Innocent Victim   05 October 2014 at 22:13

Harassment for money by wife and her brothers



I Got Married on 7 july 2014 ( First Marriage) on 17th july we left for delhi for my father,s treat ment along with wife . everything was allright there but i ddnt get extra time for her like eating out, movies etc due to father illness we came back from delhi on 10th August. On Same Day she called her brother and left for her home alongwith all jewelery . We were not aware of any thing unless on 13th cops came to our home with a complaint from my wife , which says we tried to kill her at jammu and asking for dowry. We Reached Police Station but girl ddnt came . Her Brother says we will not send the girl just pay us the marriage expenses . We ask them for time to think . after 2 days we r ready to give them the money which was started at 10 lakh and finalised at 3 lakh. we request them that we will give u the money in the court where we can mutually file an application but they want the money at police station only without any reciept and later they approach with deal we ca
n collect the money on notary attested stamp paper . we refused their both the requests and they taken 2 days to think . but after 2 days i.e 18th August 2014 they reached the women cell jammu with the same complaint of beating and dowry. now the matter is at women cell i and she faced date on 19th august next date was 28th i was present there but she came with her brother but ddnt go for the date her brother said that her mother is not well she is taking care of her , now the next date is 6th september 2014 .

This is the matter in brief , Sir I nvr Beat her nor any one from our family asks for the dowry in fact we instructed the matchmakers we dnt want any thing . they are saying false things taht i was married , i am a drunkard and i take drugs which i m not and i can go for the medicall process for it . in short they want money only and dnt want to send the girl. Now i attended the date which was on 6th sep . she ddnt came . Women cell Call them for next day . She Came with her Brothers and SHO of Women Cell asks her what u have decided now . she said i wont stay with him . she said just pay her 4.5 lakhs . I take some time to think but in the Evening police from some other station came to our home and call us in the evening . there her brother asking for jewellery which she had already taken and not even agreeing the jewellery which she had taken from home . so next day we taken anticiaptry bail . again on sat police came to our home to come at police station .I missed the Next Date at women cell which was 17 sep . wife ddnt came to police station on 17 she came on 18 and manage to arrange a message from police station to aresst me but i was having bail.Now women cell sho is saying pay her 4.5 lakhs and get divorce i dnt have a single penny in my pocket i am job less since 6 mnths . i f i file any case will it helpbecause she is harassing me that u have to pay her the money . i said i dnt have any thing . then she said we will lodge an fir . u would b in big trouble . i said i can pay only one lakh rs. she is favoring the girl . she had given me time to think till 2nd nov . what case i can file against the girl so women cell can stop harassing and calling me. will filling section 9 case or filling divorce will help . honestly speaking i dnt want to pay her a single penny just want to return their stufs which they gifted us and want a divorce because she already stolen my mom,s jewellery worth 3 lakh . plzz guide mee . Case is in jammu and i live in delhi . my parients live in jammu marriage also happened in jammu

Innocent Victim   05 October 2014 at 22:10

Harassment for money by wife and her brothers

Reply Quote Report Abuse
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I Got Married on 7 july 2014 ( First Marriage) on 17th july we left for delhi for my father,s treat ment along with wife . everything was allright there but i ddnt get extra time for her like eating out, movies etc due to father illness we came back from delhi on 10th August. On Same Day she called her brother and left for her home alongwith all jewelery . We were not aware of any thing unless on 13th cops came to our home with a complaint from my wife , which says we tried to kill her at jammu and asking for dowry. We Reached Police Station but girl ddnt came . Her Brother says we will not send the girl just pay us the marriage expenses . We ask them for time to think . after 2 days we r ready to give them the money which was started at 10 lakh and finalised at 3 lakh. we request them that we will give u the money in the court where we can mutually file an application but they want the money at police station only without any reciept and later they approach with deal we ca
n collect the money on notary attested stamp paper . we refused their both the requests and they taken 2 days to think . but after 2 days i.e 18th August 2014 they reached the women cell jammu with the same complaint of beating and dowry. now the matter is at women cell i and she faced date on 19th august next date was 28th i was present there but she came with her brother but ddnt go for the date her brother said that her mother is not well she is taking care of her , now the next date is 6th september 2014 .

This is the matter in brief , Sir I nvr Beat her nor any one from our family asks for the dowry in fact we instructed the matchmakers we dnt want any thing . they are saying false things taht i was married , i am a drunkard and i take drugs which i m not and i can go for the medicall process for it . in short they want money only and dnt want to send the girl. Now i attended the date which was on 6th sep . she ddnt came . Women cell Call them for next day . She Came with her Brothers and SHO of Women Cell asks her what u have decided now . she said i wont stay with him . she said just pay her 4.5 lakhs . I take some time to think but in the Evening police from some other station came to our home and call us in the evening . there her brother asking for jewellery which she had already taken and not even agreeing the jewellery which she had taken from home . so next day we taken anticiaptry bail . again on sat police came to our home to come at police station .I missed the Next Date at women cell which was 17 sep . wife ddnt came to police station on 17 she came on 18 and manage to arrange a message from police station to aresst me but i was having bail.Now women cell sho is saying pay her 4.5 lakhs and get divorce i dnt have a single penny in my pocket i am job less since 6 mnths . i f i file any case will it helpbecause she is harassing me that u have to pay her the money . i said i dnt have any thing . then she said we will lodge an fir . u would b in big trouble . i said i can pay only one lakh rs. she is favoring the girl . she had given me time to think till 2nd nov . what case i can file against the girl so women cell can stop harassing and calling me. will filling section 9 case or filling divorce will help . honestly speaking i dnt want to pay her a single penny just want to return their stufs which they gifted us and want a divorce because she already stolen my mom,s jewellery worth 3 lakh . plzz guide mee

ChandanLawyersclub   05 October 2014 at 21:21

Can legally separated male adopt a child

Dear experts,
Can Legally separated male adopt a child if he meets all other conditions(husband & wife has no child) , have full family support is also for child.

Regards
Chandra

Arun Upadhyay   05 October 2014 at 21:12

Police clearance

My question for is that in the background check of a candidate especially for the upsc civil services exam, do they check for only an actual criminal record?
my problem is that I have one traffic police fine ticket and one smoking in public fine ticket. Both times they gave me a receipt. Does this mean that I have a criminal record now? Does it mean that i wont get a police clearance for the UPSC or let's say a visa? Apparently authorities send a letter to all places where a candidate has lived and asks the local police station for any records against the candidate. Will the police have a record of my smoking in public fine or my traffic fine?
Both times i paid on the spot and got the receipt as well. No court no police station was involved. It was on the spot.

preeti   05 October 2014 at 20:58

mothers name on childrens birth certificate

Dear experts,
I had an inter religion marriage under special marriage act n also a nikhanama. I m hindu n my husband muslim. I havent changed my hindu name after marriage officially on any documents.
I have two kids n on their marriage certificate my name has been written the muslim name which was given to me during nikhanama.
Now my passport is in my hindu name with my husbands surname added alongwith with my maiden surname.
My query is how do i get my name changed on my childrens birth certificate. I want my hindu name on it. I live in Bangalore.
Thank you
Preeti