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

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Amit   07 September 2014 at 19:38

Govt officer having criminal case going on

I know one govt. officer who is having a criminal case going on against him (as an accused for murder, cheating and rampering with evidences etc U/s 498A, 302, 304(3), 201, 202 IPC). He has been exonerated by the Sessions Court but the petitioner has filed appeal in High Court and the High Court has admitted the appeal for final hearing. During the period of trial in Sessions Court, the Govt Officer was suspended, but his supension was revoked and he was re-instated in service after being exonerated by the Sessions court. Now, his case is going on in High Court.

My query is whether that Govt Officer ca continue in active govt service while the criminal case is going on against him in High Court, or should he be suspended again till a final decision is given by the High Court.

Thanks in anticipation

Aashu   07 September 2014 at 19:11

Cheating with my sister

My elder sister married to a person who has promised my sister that he has applied for divorce to his earlier wife to make her agree for the marriage in a temple.
2 years have past but till date he has not divorced to his earlier wife and even started living with his earlier wife and started ignoring my sister.
He is so clever that before marriage he prepared my sister to sign on a paper where it is written that "he is marrying to my sister as they both want it but has not yet divorced to his earlier wife".
What can we do now against him?

vinay   07 September 2014 at 18:37

Property

Dear sir,
I am loooking flat in pune but property tax is not on bulider name its on her friends name can bulider sell same property to 2 person builder is tilling that he has not done the aggrement for same flat .
1.How is the name transfered to the property tax without making aggrement.
2.Can the bulider change the name of this friend after my aggrement .

Regards
Vinay

PARAMJEET KAUR   07 September 2014 at 18:02

Plaintiff not disclosing his address

Sir,
I am LL.B graduate and will be get enrolled soon. My query is "WHAT ARE THE CONSEQUENCE OF CONCEALMENT OF REGISTERED ADDRESS AFTER CHANGE BY PLAINTIFF
I HAVE A CIVIL SUIT IN WHICH PLAINTIFF IS CONCEALING HIS NEW/CHANGED ADDRESS THEN WHICH APPLICATION SHOULD BE FILED FOR DISMISSAL OF SUIT IN A CIVIL SUIT i.e. PERMANENT INJUNCTION
The case is at P.E. stage. After 2-3 days of filing the case,the plaintiff went to reside some other place but locked his possession and consistently concealing his present new address from the trial court now i get aware of his new address. Now please tell me which application should I file for dismissing the suit.
Also refer me some citations.

guardianbachav   07 September 2014 at 16:49

Need suggestion

1-My sister got married in 2002.
2-During/before marriage husbands birth year shown as 1970 actually 1968 (wrong information) orally given by him.
3-child birth in 2003, during that delivery charge was paid from mothers a/c .which was not informed to her.
4-boys name registered (Mast.A).Name told to mother different then registered in BMC
5-After that he took LIC , Bank A/C , Rationing card of child in the name of second name (false name) He managed to change name in birth certificate by over writing the same and not officially got it change.
6-he also took school admission in false name by submitting over written certificate only.
7-then he gradually gradually mentally harass by asking kind in terms of house hold items.Also child's daily usages.
8-he always stated wrong salary and when she asked to show or proof of bank statement then he use to tell that pass book is in office etc.He use to make one or the other reason.
9-She was not at all comfortable in her laws house which was also a joint family including his elder brother- in -.law.After four years of marriage they decided to separate their home.
10-They took home on rented basis.There they lived for four years.
11-In the mean while he loosed his job,He did not bothered to inform his wife.this continued over six months as per his words.
12-There after he got part time job for which he was not giving any information such as location of job, timing of job etc.
13-He started more mentally harassing by what she does not wanted to do thing like, he will not allow to her go maiden home.
14-if she comes then also will restrict to come limited number of days and always ask to come back to laws house or else stay permanent there(maiden house).You are now my property.
15-Then he stated that he has booked new home for them at Palghar (HDIL scheme) 1BHK.Then at later stage he told home is on loan basis which he earlier told that it is full payment is done.That gave areally shock, then he was telling that he is unable to pay loan interest for the same.
16-During these period he was also not bothered about child's education. He never attended his school parents meeting.
17-He was also not trusting her, and will always go alone for school fees payment and never told how money for the same was arranged.
18-After loosing his job he force her to stay in joint family as he is jobless.After agreeing to this they once again moved back to joint family with his elder brother.
19-Gradually along with his elder brother both of them started mentally torture her by saying you will not be allowed to eat specific items,will not be allowed to go out.They were not allowing her to go out even for purchasing vegetables. You are unlucky for our family as there are three deaths after you married with me(all deaths were a natural death).
20-He stated that you are our maid, wash these clothes and utensils only. Although there was washing machine at home .They both will not allow to use it.
21-Also they were not providing sufficient food to her.
22-Also after moving to back home and ask to keep mouth shut and not to inform anybody about his unemployment.Or else you go to back to your fathers home.
23-Also child's basic vaccination (like polio, etc needed in childhood) he refused to give and if you want to give,you manage yourself.Then she used to come for the same all the way to maidens home(These all were free vaccination which government provides.)
24-Some time it also happened she was late in collecting her child from school and always telling she is late as she had lot of work at home and could not go before completing it.This was enforced by her brother-in-law.
25-When we asked the same her husband refused for the same and told us not to interfere in his home.This is not your job now she is my property.
26-During child's school summer vacation she was not allowed to come to maiden home and was refused by her brother-in-law and by her husband and reason told was where we will go for food.
27-One day all of a sudden her husband called us and told you please take her for vacation.
28-but when we saw her ,her health was very unfit or un healthy. She had almost reduced to half.When we asked her husband he started ignoring to our questions.
29-later on stated you keep your daughter with you.
30-She was tortured a lot during this period and went to severe depression.He was also fighting with us over the phone calls with bad words.
31-After getting her to maiden home.We started her medication but doctors opinion was that she is fully mentally tortured a lot.
32-Mean while he also stated that I can not take care of child and you manage his education.
33-He removed his school admission and handed over Leaving Certificate before securing admission at other place.
During this when we asked for legal documents of child like birth certificate, then we came to know that he had manipulated /altered birth certificate.
When we asked that school asking without modified school certificates then he got it from his BMC office but once again he altered over writing name and gave us.
Also he did not provide us with ration card copy/original. He stated that he has lost it. Some time he also stated, I have applied for new as our name has been deleted or canceled (Child, father and mothers name from the ration card).
Then he told us to take child school admission on the basis of bank passbook or LIC as home address proof. Also this are valid documents instead of ration card.
Procedure for the change of name is given and completed by father (partially) And no copy of aff-it-davit submitted by him in procedure of change of name is shared with us.
From April'13 till date medication is entirely done by maidens house. He has not given any single rupee for the same nor he has paid his child's education and his medication.
We have photocopy of marriage certificate only. No other legal documents given by him.
He is also telling now that he has lost her election card too.
We safety future for child kindly suggest on the basis of child's custody and his legal documentation required for future child's education purpose.
In the mean while if mothers death occurs, can he challenge custody of child legally?
What all sections or charges are applicable on him.
What all legal precaution needed for us?
What all legal cases he can file against us?
Now she is unable to even speak and recognise family members due to depression, Who can file a case on behalf of her?
Kindly suggest from above points which will not favour our case.

Amit jande   07 September 2014 at 15:52

About dissolution and it's claims

Dear sir,
My question is

In partnership deed of 5 people
Mr K.W.K was financier and he left in 1958

Mr mr V.S.J left company in 1962. Dissolution is there but not with us.

Mr S.A.J left company in 1968.dissolution is there with us.now expired
Mr A.M.J joined company in 1968.

Mr P.S.J left in 1975dissolution is there with us.

Now mr m.s.j and mr a.m.j left in company and company continues.

Mr v.s.j has filed a suit in 1990 for property brought by mr m.s.j. Who is brother of v.s.j under hindu succession act.

He has only mentioned his claim about property and not about partnership in this suit.

During the suit 1995 mr m.s.j expired.

Now in 2014 he is trying to change matter of suit Saying he had not dissolved from company and he is still a partner.


Can he claim so after 50 yrs and there on in the civil suit filed by him in 1990.


Jennifer   07 September 2014 at 15:48

Seeking for advise to get back our stolen bike.

To brief my subject, bike (Royal Enfield Bullet) of my brother was stolen from our house on 01 Sept’14 during early morning hours (between 2-5 AM). As soon as we came to know about this incident, we reported to nearby police station.

Mistake from our side provoking this theft was; my brother 'as a negligence' was always leaving keys behind in the bike itself, although the bike was always parked inside our premises. Although we scolded many times but, he never cared. Now only after this incident he realized his mistake!

Anyways, Police came to the site for investigation and after listening to us, they informed that "this theft is not done by professional thieves but may be done by some friends of my brother". The logic given by them behind this conclusion was, "no thieve tries to steal such a heavy bike like bullet and they never came across such theft in past. As keys were always available in the bike, so someone knowing this foolishness took the advantage and stole away our bike".

But above all, our bike is stolen and negligence from our side does not make it legal for any thieve to take advantage of it and commit a crime! So we followed very closely with the concerned police station. We went to them several times, sometime they were available & sometime not. They always insisted on that, some of friend took away his bike and told us that they are searching our bike and hopefully it will be recovered soon.

During our several conversation with police, we often felt that they know where our bike is and with whom exactly. Actually, there are two guys in known list of my brother, who are a kind of ‘anti-social’ elements and surprisingly these two guys are having very ‘close n good’ relations with these local police. Even my brother is having a doubt on them but, not being sure about their involvement in this theft, we cannot take officially their name in our FIR. Even the concerned police officer is ‘indirectly’ taking their names and trying to force us to lodge a complaint against them, but not being sure we cannot do it. My brother tried to talk with these guys over phone but they denied having our bike.

We feel that bike is stolen by these guys, and police is already aware of it by their contacts. But to make money out of this matter, police is not trying to recover our bike. They need money as a bribe from us, amount yet not known, and may be they will also take or already took money from those guys to keep them clean & out of this case. We are trying to know how much money they need to get back our bike, but we are totally disheartened with such an attitude of Indian police. We don’t know what should we do legally & ethically to get back our bike.

Finally today after lots of chase up, police has lodged our FIR and we received its copy. It has now been a tiring chase for us. We don’t know how we can get our bike back and when. Please advise how should we deal in this case with the police and with these criminal guys? We want justice and punishment to those culprits, so that they don’t repeat it with others.

Ravi   07 September 2014 at 15:31

Property division

Sir

My grandfather died without making Will. He has 4 sons and 1 daughter. Now only 1 son and 1 daughter is alive. My father died. I am the only son of my mother and my stepmother has 1 daughter and 1 son. The marriage is not legal, it happened when my mother was alive. Stepmother is alive. How my father's share will be divided or how my grandfather's share will be divided. My other uncles and aunt (married) also have kids.

karthikeya manickam_M   07 September 2014 at 14:36

Regarding to know law

good noon sir,

I am trying for 8 months to get my abroad studies educational loan [18 lakhs].I sent a complaint letter to ombudsman,after the many unwanted barriers by bank. now,i have been forwarded to panel lawyer for opinion.my property collateral is my family land.purchased year 1992. 14 years are over now. the panel lawyer asking me for heir certificate of the seller.the seller is dead.and i don't know the seller's son's address also.so i cannot submit heir certificate.and impossible too.my family lawyer told that, there is no need of heir certificate if more than 12 years of possession as per civil law.Regarding that,i have discussed with panel lawyer. but he is not giving any option to say anything.i was meeting him for three times.

I suspect the bank making any cunning act behind this because of ombudsman complaint.i am going to file a citizenship cancellation request to high court madurai. because my 2 INTAKES were wasted and going to ruin my next college intake too. before that, i have to make any immediate action.

FIRST OF ALL PLEASE TELL ME WHAT IS THE RULE NUMBER FOR 12 YEARS OF POSSESSION,PLEASE.
1]what will be the possibility of my request consideration in high court?.
2]may i move forward?
3]ombudsman supporting them indirectly, after the complaint[60 days of regular force] they were compromising me. again i cannot. I AM HAVING ALL THE RECORDS AND PHONE TAPINGS AND VIDEOS.

sa7124   07 September 2014 at 14:26

Trademark exam report - how to reply

sir/madam,

i want some caselaws relating to trademark- how to reply trademark exam report for section11,12 and 132 ?


exam report

The above mentioned application has been examined under the provisions of Trade Mark Act,1999 and Trade Mark Rules,2002 and the trade mark applied for is open to objection under the following sections :

1. The trade marks-which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;

2. The Trade Mark application is open to objection on relative grounds of refusal under Section 11 of the Act because the same/similar trade mark(s) is/are already on record of the register for the same or similar goods/services.The detail of same/similar trade marks is enclosed herewith

Save as provided in Sec. 12, a trade mark shall not be registered if, because of-its identity with an earlier trade mark and similarity of goods or services covered by; the trade mark; orits similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark,

Hence, the above application is liable to be refused. Accordingly, you are

requested to submit your response/submissions, if any, along-with supporting documents, with in One Month from the date of receipt of this Examination Report or you may apply for a hearing.

Please Note that if no reply is received or a request for a hearing is applied for within the above mentioned stipulated time ,the said application shall be treated to have been abandoned for lack of prosecution under Section 132 of the Trade Marks Act,1999 and there after the status of application in the computer database shall reflect the factual position