ayush
03 July 2014 at 09:28
dear
i got sellected in uppsc 2008 and i got the post of asst. commisnor trade tax in up . gov letter i got regarding it on mar 2010. they asked cmo lucknow to arrange medical of every candidate but not order me to contact cmo regarding it. i wait for 1 year but i hav not get any information from cmo lucknow for medical . in aug 2011 i got a letter that your medical was not done thats why we think you r not intrested for job and your job is not more from now by governer order. i immediate send a letter to gov and secretry of trade tax that i want to join my service and i was waiting for your order regarding medical .but they mail me that they do nothing on it . so i want to know what r the possibility to get back my job because i did very hard work for it and there is not my mistake.
Vinod
03 July 2014 at 08:17
I had a credit card in Kolkata. The bank had verbally assured for a settlement of which I had paid the first instalment in December, 2010. I did not receive any document regarding the settlement. After that I had left Kolkata.
The banks have filed case u/s 420 etc. of which I was not aware till date. I received a call recently saying they are calling from Delhi Police and there are cases pending against me. They are saying they have sent court notices to my Kolkata address. The address in the bank records was not the place I was residing. The person who had come to market the credit card had given the address so that the credit card application is processed successfully and he could meet his target.
I have not received any court notice from the bank till date.
I would like to know what steps I can take. I would also like to know if a bank can proceed with recovery of credit card due after 3years.
Please help me with the details.
Regards,
VInod
G.Padmanabhan
03 July 2014 at 08:11
Dear Experts,
A Branch of PSU bank sold a mortgaged property in public auction after initiating recovery proceedings in a civil court. The borrower claims the property was sold for a price way less than its market value/intrinsic value. What are the legal remedies available to the borrower. Can the sale be impeached, now that the sale is complete, If so, what is the appropriate legal action?
BKS PRAKASH
03 July 2014 at 07:20
MOOT - COURT PROBLEM -1
Prosecution case in nutshell is as follows:
1. Ms. Shalini aged about 20 Years, the complainant, was a nursing student and was living in a Government Women’s Nursing College Hostel at Hyderabad. On 30th June 2009 while the complainant came out of her room in the Hostel on the front lawn of the hostel, the main accused, Bhanwar , aged about 30 years, a night watchman in the hostel and Tribhuvan, aged about 18 years, a spoilt multimillionaire student, kidnapped her at about 11.00.P.M. and forcibly carried her in the night watchman’s room behind the hostel , a lonely place , where 2 students namely , Mohan, aged 22 years, son of a local M.L.A. and Sohan , aged 20 years , close relation of a Central Minister , were drinking liquor heavily. As the summer vacation was to commence from 01.07.2009, hardly 3-4 students were in the Hostel which has actual capacity of 100 inmates. The lady warden had left for her home and no other employee was there. The complainant’s mouth and body was tied with cloth and Bhanwar had a knife in his hands. She was given some intoxicant with drugs, forcibly put on the mattress and was raped one by one by Tribhuvan, Mohan, Sohan and Bhanwar . After gang rape, in a naked and unconscious condition, the complainant was thrown outside the backside of the boundary wall of the hostel at about 4.00 A.M.
2. At about 5.00 A.M, the complainant came to little senses and was noticed by certain passersby. She was carried to the nearest Police Station being Crime No. 966 of 2009, where FIR could be lodged with much difficulty and on intervention of Superintendent of Police. Case under Sections 363 and 376 ( 2 ) (g) was registered against the four accused . Wide publicity was given by the print and electronic media in local and national papers and on T.V. The Complainant was admitted in the Government Hospital and was discharged after two weeks. The Night watchman-Bhanwar and other three accused were traced out while sleeping and drunken stage in the Night watchman’s room.
2.1. A Panchanamah was prepared . Exhibit –A-1 contains the list of articles confiscated by the Investigation officer viz torn out Kurta , Payjama , Panty, hawai chappal , non - vegetarian food items, tumblers , liquor bottles , drugs , cigarettes, hukka with tobacco and Matchbox, other intoxicants , sharp knife weapon, Cash Rs.10,000/-+Rs.50,000/- etc . Four mobiles cells of the 4 accused were found and seized . On checking of call list it was found ( i) there had been call in between the 4 accused in the evening at about 7.00 P.M and (ii ) two missed calls were by Tribhuvan to the Complainant on 29.05.2009. Site map was prepared which is Exhibit A-2.
A Classic car Mercedes registered in the name of father of Tribhuvan and the driving license of Tribhuvan was found apart from one motor bike in the Campus. In the Car one bottle of foreign liquor was also found with bed sheets, carpet , cosmetics, cigars etc. The complainant was required to undergo medical examination within 12 hours. The Medical Jurist in the report stated that blood was seen in the vagina and hymen of the complainant was found to have been ruptured and damaged. The accused were also required to undergo ‘Sperm Detection Test’ and the report corroborated the claim of the complainant, Presence of semen and human spermatozoa on the bed sheets of the mattress were noticed. Exhibit A-3 are the photographs of the Night watchman’s room with its contents.
3. A case u/s . 376 ( 2) (g) read with sec.364 A of Indian Penal Code was registered against the 4 accused. After investigation, the three accused were arrested. Tribhuvan was absconding and was later arrested. After filing of the charge sheet, the case was submitted to the Court of Sessions. Tribhuvan and Sohan were released on bail by the High Court. The Complainant sought death sentence for Bhanwar and damages of Rs.20 lacs under Section 357 and 357 A of the Criminal Procedure Code with costs.
4 The Prosecutor ( PW-1) Stood to the test of cross examination. Shri Ramlal (PW-2) and Shri Shymlal (PW-3) who were passing through the road on the back side of the hostel found the complainant in nacked condition and stated about injury on the private parts, abrasions and bruises on the breasts and cheeks and oozing of the blood and that she was in a serious condition . Photographer (PW-4) stated as to photographs and his observations. Medical Jurist (PW-5) conformed his report and the gang rape mercilessly done. Shri Shyamala who had drawn Spot map (PW-6) was examined. They further stated that gang rape by the 4 accused had dehumanizing effect on the victim. The witnesses were cross examined and stood to the testimony.
5. (i) Tribhuvan accused claimed that he is a minor .He produced his horoscope , birth certificate and matriculation certificate wherein he was found as having completed 17 years and 10 months on the date of offence . As per Medical Certificate he was declared above 18 years . He confessed that with the assistance of Bhanvar on payment of rs.5,000/- to one of the student of the Hostel and he had carried that student to a five star hotel for the whole night .He also stated that he had been frequently visiting the Hostel with the permission of the Warden and that he spotted the Complainant in mini skirt ( western dress) with high heels , cosmetics and was allured of her charming personality .He asked Bhanwar to manage the complainant on payment of Rs.10,000/- for him and Rs.50,000/- for the Complainant . He smilingly stated that he had inter-course with the complainant gracefully; she was in proper senses and co-operative. She was misused by other accused .He was declared as minor.
(.ii) Mohan claimed that he was out of the town, came to his house at about 11.00 P.M. and had not gone to the room of Bhanvar. He denied the charge. However, the Motor bike is registered in his name . He failed to prove his denial.
(iii) Sohan corroborated the rape story but claimed that he was persuaded by Tribhuvan to have forcible inter - course for his pleasure. Tribhuvan was watching the action.
(iv) Bhanvar confessed guilty but stated that he had to – co –operate and plan as Tribhuvan gave him Rs.10,000/- and also persuaded for forcible rape. He had been arranging drink’s party earlier also .He admitted receipt of Rs.10,000/-for him and Rs.50,000/- for the Complainant .He told that he earlier gave to the complainant , but She categorically refused to succumb to his offer for Tribhuvan, a well built person with charming personality and lot of fortune.
6. The Sessions Judge. Nampally Court Hyderabad by judgment dated 30.12.2010 convicted the accused after holding that the prosecution has provided its case fully supported by independent witness and medical evidence on record apart from the Sperm Detection test stained clothes. Mattress with blood, drugs, intoxicants, cash etc. the Sessions Judge Court Considering the defense evidence convicted the accused as follows.
(i) Bhanwar, Night watchman to undergo rigorous imprisonment for life.
(ii) Mohan, student to undergo rigorous imprisonment for a period of 10 years:
(iii) Sohan, student to undergo simple imprisonment for a period of 7 years : and
(iv) Tribhuvan, having been proved a minor to be dealt with separately under the Juvenile Justice (Care and Protection of children) Act, 2000.
(v) Damages were awarded of Rs.10 lacs.
6.1 The Session’s Judge further observed that the physical scar may heal up, but the mental scar will always remain. When a women is ravished, what is inflicted is not merely physical injury but a deep sense of shame deathless shame .He also stated that the facts and given circumstances in each case, the nature of crime, the manner in which it was planed and committed ,the motive for commission of the crime, the conduct of the accused, the nature of weapon used and all other attending circumstances are relevant facts which would enter into the area of consideration and it will be a mockery of justice to permit these accused to escape the extreme penalty of law would be to render the justifying system of this country suspect. The common man will lose faith in courts. The nature and gravity of the crime and not the criminal, which are germane for consideration of appropriate punishment in a criminal trial. The court will be failing in its duty if appropriate punishment is not awarded for a crime has been committed not only against the individual victim
But also against the society to which the criminal and victim belong. The punishment to be awarded for a crime must not be irrelevant but it should conform to and be consistent with the atrocity and brutality with which the crime has been perpetrated ,the enormity of the crime warranting public abhorrence and it should be‘ respected to the society ’s cry for justice against the criminal ‘.If for an extremely heinous crime perpetrated in a very brutal manner , the most deterrent punishment will lose its relevance” Rape is not only a crime against the person of a women , but a crime against the entire society .It indelibly leaves a scar on the most cherished possession of a women i.e her dignity , honour , reputation and not the least her chastity .It destroys , as noted by this Court in Bodhisattva Gautam v. Subhra Chakraborty ( 1996 ) 1-SCC-490 ( AIR1996 SC 922)the entire psychology of a women and pushes her into deep emotional crisis .It is a crime against basic human rights , and is also violative of the victim’s most cherished of the fundamental rights , namely , the right to life contained in Article 21 of the Constitution .The Courts are , therefore , expected to deal with cases of sexual crime against women with utmost sensitivity. Such cases need to be dealt with sternly and severely.
7 Aggrieved by the said judgment, the respondents accused as well as the complainant preferred appeal being Criminal Appeal No.58/2011 before the Hon’ble High Court of Judicature for Andhra Pradesh .The Hon’ble High Court by impugned judgment dated 20.5.2013 came to the conclusion that the Sessions Court was justified in coming to the conclusion that the four accused have committed the heinous act, offence of gang rape against the nursing student of the hostel , which would have lifelong effect on the body and mind of the complaint , However , taking a lenient view of the matter, on appreciation of defense and non-availability of any independent eye witnesses , reduced the sentence awarded by the Sessions Court to the following period
(i) Bhanwar to undergo rigorous imprisonment for 10years
(ii) Mohan to Undergo simple imprisonment for five years, and
(iii) Sohan to the period already undergone by the accused.
(iv) Damages were reduced to Rs.50, 000/-
The appeal for the accused were allowed in above terms and appeal of the complainant to enhance sentence and damages was dismissed, being bereft of any substance.
8. Being aggrieved by the aforesaid orders, the complainant as well as the accused .Bhanwar, Mohan and Sohan have filed appeal before he Hon’ble Supreme Court. The Hon’ble Supreme Court has issued notices confining to the issue regarding the sentence and damages. The Supreme Court also issued notice as to why the sentence awarded by the High Court to the three accused respondents be not restored to that of the sentence awarded by the sessions court and why the accused Bhanwar not to undergo life imprisonment for whole of the convict’s life (not for 20 years or 14 years)?
9. All the appeals have been consolidated and are fixed for final hearing with, appropriate directions to submit written memorials.
RELEVANT LAW
1. Sections 45, 363,375 and 376 of the Indian Penal Code1860.
2. The Juvenile Justice (Care and Protection of Children) Act 2000.
3. The Indian Evidence Act,
4. Section 357 and 357A of the Criminal Procedure Code.
Dear Sir,
I am expecting your valuable advise in this regards/ thanks Prakash bks
BKS PRAKASH
03 July 2014 at 07:14
MOOT - COURT PROBLEM - II
Facts of the Case:
Dr. Gupta was famous Gynecologist. He was working in Government Hospital .He always busy in making new invention .As part of study and invention he wants to procreate test tube baby .He collects semen from his friend namely john , who was unmarried business man .John was the best friend of Dr.Gupta he was ready to give the semen for invention and study purpose . He also took promise from Dr. Gupta that, he will not use his semen other than above purpose.
Dr.Gupta promised that, semen used only for the purpose of invention and that semen was used in laboratory only.
Meanwhile, Mr. and Mrs. Singh visited Government Hospital for gynecology treatment .Their marriage was solemnized before 10 years but they had no child. They approach to Dr.Gupta for the same. Dr.Gupta after making some medical investigation of couple comes to the conclusion that, husband was not able for procreation of child due to - Anti-sperm antibodies. But same facts did not disclose to that couple and he gave assurance i.e. after small operation on Mr. Singh they will be blessed with child .For treatment and operation he demanded Rs. 5,00,000 from Mr.singh.
Mr. and Mrs. Singh were ready for operation. After one week Dr.Gupta performed the operation and assured to Mr.& Mrs. Singh about the fertility and pregnancy . After that Mrs. Sing was pregnant and gave birth to male child.
When that son was fourth year, Mr. and Mrs. Singh wanted another child and again they approach to Government Hospital But at that time Dr. Sarma who was the Gynecologist .Mr. and Mrs. Singh meet with him and told past story about their first child.
So Dr.Sarma suggested that some second chance, after some medical examination Dr. Sarma came to conclusion that Mr. Singh was not able for procreate the child due to Anti- sperm antibodies .
Dr Sarma told that fact to the couple .They were very shocked so Mr. Singh showed all reports of Medical Examination which was made by Dr.Gupta to Dr. Sarma. After examining all the reports which was tested by Dr. Gupta , he concludes that , he was either cheated or his wife was pregnant by some other person .
He was very shocked and suspected on his wife character , But Mrs.Singh very sure about her purity . She approached Dr.Gupta , who is doing private practice in his hospital, for clarification.
When Mrs. Singh asked about her child , Dr.Gupta did not give satisfactory answer but after some force and compulsion he told that , Mr. Singh was incompetent so he had done test tube process on her womb without taking his and her consent . He also said that he used semen and sperm of Mr. john . Accordingly Mr. John was real father of the child of Mrs. Singh.
During that incident one reporter who was present in Dr.Gupta’s hospital heard all story and next day he published that story in Daily News paper with name which was told by Dr.Gupta.
So Mr. John knew that fact and he approached Dr. Gupta to know the truth . After meeting Dr. Gupta he came to know that he is the father of that child . And Dr. Gupta cheated him. So John filed a criminal complaint case U/S 406 & U/S 417 of IPC for breach of trust and cheating .He also suit for custody of child. Trial court held that Dr. Gupta was not guilty U/S 406 and 417 of IPC because activity done by Dr.Gupta was in good faith so he was not punished by sessions Courts. At the same time the application for custody of child was rejected by learned District Court and held that .John was not liable for custody of child.
So John challenged the decision of Trial court before the Hon’ble High Court by filing an appeal .
Issues :
From the above facts following issues have been raised:-
1. Whether Dr.Gupta committing Cheating and Criminal Breach of Trust.
2. Whether John ha right to get the custody of that child.
3. What is remedy for Mr. And Mrs. Singh.
4. Who is the Natural Guardian of that Child.
5. Whether any Constitutional Right has been breached by Dr.Gupta.
* Argue and submit written arguments on behalf of both the parties.
BKS PRAKASH
03 July 2014 at 07:01
MOOT COURT PROBLEM NO. 3
Rangarao is a watchman at textile factory at Tirupathi managed by two partners Mr. Rajesh and Mr Suresh aged 49 years and 47 years respectively. He was drawing Rs 4000/- as salary. His family consists of his wife, three daughters, two sons and an ailing mother. The family’s financial position was not very sound. It was difficult for him to manage his family and ailing mother with the meager salary that he was drawing. Rangarao requested his employers to employ his wife somewhere so that they would be able to meet their expenses. Rajesh asked Rangarao to bring his wife along with him one day so that, he would meet her and decide whether he could employ her. One fine day on 1st January 2012, Rangarao took his wife Vijayamma to meet Mr Rajesh. Vijayamma though from a poor family and very simply dressed but was considerable presentable and therefore Mr Rajesh appointed her for housekeeping and offered her Rs 3000/-. Her timing was from 8am to 8pm. Rangarao and Vijayamma readily agreed as it would improve their financial situation. Vijayamma proved to be good worker thus Mr Rajesh assigned her the upkeep of his office and attached restroom. This provided lot of opportunities for close interaction. Initially one the pretext of appreciation of her work Mr Rajesh bestowed upon Vijayamma some gifts. This brought them closer. After some time Mr Rajesh started showing interest in developing a physical relation with her. Vijayamma did not object as she feared that she would lose her job and it would lead to financial hardships at home. So, steady relationship developed between them. The fact of this relationship was known to the partner Suresh and her husband.
One day the eldest daughter of Vijayamma, Geeta aged 16 years came to meet her mother at her work place. Her mother was not around but Mr Rajesh and Mr Suresh were in their office. When she went in to inquire about her mother they passed some sexually colored remarks as the flower is bloomed for the beetle to suck honey, etc. The girl got bit scared and complained to her mother. Her mother asked her to keep the matter a secret and not to mention about it to anyone. In fact she scolded her for going there.
Few days later Mr Rajesh and Mr Suresh called Rangarao, and offered to employ his daughter on work. Rangarao readily agreed as this would improve their financial situation. Geeta started to work from 1st October 2012. Very soon Vijayamma was shifted to other unit to work and Geeta was assign to clean the office and the adjacent rest room. From the day one both the partner would pass lewd comments of which Geeta was very unvomfortable. He was not able to share her situation with her father but she did bring the matter to the notice of her mother. Vijayamma was in dilemma . she feared that she shared her concern all would lose job and her marriage would also be at stake. She was unable to take any concrete decision.
On fine day on 27th October 2012 both the partners called Vijayamma and asked her to take her daughter Geeta home, who was in the rest room. They thrust a bundle of 100 Rs notes in to her hand and asked her to manage things. When she went into the room she saw her daughter unconscious and profuse vaginal and anal bleeding. Vijayamma somehow managed to take her daughter to the doctor. Geeta was treated for her injuries. Geeta’s mother encouraged Geeta to share with doctor that Mr Rajesh forcefully had sexual intercourse with her in presence of Mr Suresh and Mr Suresh assisted him in the act. Mr Suresh though attempted but was not able to have sexual intercourse with Geeta in frustration he picked up a knife lying across and inserted in Geeta’s anus causing deep injuries. Condition of Geeta disturbed her mother. She happened to know an NGO representative by name Ramu who worked for women’s cause in their locality. She met him and shared her problem. NGO representative, Ramu encouraged Vijayamma to file an FIR.
On the basis of investigation, Tirupathi police filed a charge sheet against Mr Rajesh and Mr Suresh. They were alleged to have committed offence under sections 354 A, 354B, 376, 509 of IPC and under section 4 of the protection of Children from Sexual Offences Act, 2012. During the trial it was argued that the girl belonged to scheduled caste and the accused belonged to higher caste hence it is very unlikely that they have committed the offence. The Trial Court found them guilt and convicted them.
Being aggrieved by the conviction, they preferred an appeal to the High Court of Andhra Pradesh.
Dear Sir,
Please help me how to debate this case in moot court.
regards/bks prakash
avneesh
03 July 2014 at 02:25
please provide me format of form 'R' and C.A. declaration regarding service tax refund
avneesh
03 July 2014 at 02:04
1.a firm had taken two service tax registration certificates.for exm
2. but the firm is using only new 2nd st-2
3-but by mistake said firm had deposited rs 100000 in first ST-2 n. which is not in use.
4- while firm has been deposited correct taxes on 2nd st-2 no. which is in use
5-please tell me what is procedure for refund of service tax which has been deposited on first st-2 no. which is not in use
Anthony Estebeiro
03 July 2014 at 00:06
hiee i had a query regarding my oc of my flat.i have not received my oc as i have not paid my VAT to the builder .can you please guide me to who will help me issue my OC is it the society or the builder himself will issue the oc
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Property of my dad
Dear Experts ,
After death of my grandfather my father got godown and cash as his share. With the cash he bought two houses on his name.
Query:
What is the authority of my mother and me on my father's property.