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

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Mustafa Bhat   08 April 2014 at 17:50

498a & 406

Sir.
1) In 498A & 406 case when after all grab during Cross examination one main PW (father of Compliant) finally says FIR was lodged for compromise.
Then what is the credibility of his rest statements & what is credibility of such 498A case
2) PW2 (Uncle of Compliant) after all grabs says that they lodged FIR because they wanted the compromise between the accused & complaint and because of that they did not said other demands which they added during cross-examination.
Then what is the credibility of his rest statements during cross examination & what is credibility of 498A viz viz his statement

john k   08 April 2014 at 17:49

changing name in khas and jote land

Hi ..! I would like to know what should be done in order to change from a father's name to a son in a case of intestate in a khas and jote land since my father left without a will....! Thankyou !

S.N.Derashri   08 April 2014 at 17:48

Sec.419 and 420 ipc

1. Who can file complaint/FIR for the offence u/s 419-420 IPC. whether a person before whom no act of cheating personation or fraudulent misrepresentation or deception has been done can file a complaint for such an offence.
2. A person who is not an advocate, submits vakalatnama before the Court as an Advocate.Thereby he commits an offence before a Court. Who can submit a FIR/Complaint for such an offence. Is there any Ruling in this regard. If yes kindly quote the same
3. A person purchases a plot of land under a agreement to sale. seller also executes a will for the plot in his favour. Executant dies and on the basis of will purchasers gets the plot transferred in his name from UIT and gets lease deed registered in his favour. on the basis of acquired Title he enters into a contract for sale with B and subsequently in compliance of agreement sells the plot to B and executes the sale deed and get the same registered in favour of purchaser and hand overs the possession of the plot to the purchaser. Subsequently the heir of Original owner challenges the Will and sale deed executed in favour of B in a Civil Court. Civil Court derives a conclusion that as there was no relation between the original owner and the seller therefore execution of will in his favour is doubtful and thereby cancelled the sale deed executed in favour of B. Meanwhile B also sold the Plot to C. Appeal against the decree of civil Court is also pending. B filed a Complaint against seller as well some other person u/s 420, 467,468, 471 R/w 120B IPC. Police submitted charge sheet against 3 persons My query is whether such an action of complainant B and the charge sheet is tenable. Can a iota of fraudulent deception at the time of entering in to agreement for sale be presumed. Is this not a subsequent failure of contract and not covered by offence of cheating. Kindly support your reply with some judgments of Apex or any High Court.

Karishma Mansukhani   08 April 2014 at 16:46

Mou

We have made a MOU for purchase of property, does it have to printed on stamp paper or does it require franking? Also what should be the amount of stamp paper or franking?

PRAVEEN RAJVANSHI   08 April 2014 at 16:41

Legal option against employer

MY COMPLAINT AGAINST M/S TECHNOFAB ENGINERING LTD,FARIDABAD .I WORKED THERE FOR 27 DAYS AS COMPANIYS REGULAR EMPLOYEE & APPOINTED FOR FOREIGN ASSIGNMENT,ZIMBABWE PROJECT ON

26TH AUGUST,2013 .I APPLIED FOR VISA THROUGH COMPANY.AFTER 26 DAYS I GOT VISA. VERYNEXT DAY I WAS SUPPOSED TO FLY FOR ZIMBABWE AS PER INSTRUCTIONS OF TECHNICAL HEAD

MR VIZ.NEXT DAY ALL OF SUDDEN I WAS TOLD TO RESIGN WITHOUT GIVING ANY REASON SINCE THEY APPOINTD A VERY JUNIOR FELLOW IN MY PLACE IN VERY LESS SALARY AS THE CANDIDATE

HIMSELF TOLD ME SINCE HE STAYED WITH ME IN COMPANIES GUEST HOUSEWHER I WAS STAYING. I OPPOSED FOR IT & DENIED TO GIVE RESIGN THEY THREATENED ME TO THROW ME OUT FORCEFULLY

WITHOUT GIVING SALARY.HR MANAGER TOLD ME IF I RESIGN THEY WILL GIVE MY FULL WAGES & COMPNSATION ,ONE MONTH NOTICE.HR MANAGER HIMSELF GOT TYPED MY RESIGNATION LETTER & GOT

MY SIGN.SFTER GETTING MY RESIGNATION LETTER THEY GAVE ME LESS THAN HALF SALARY CHEQUE & NO NOTICE PERIOD SALARY.I HAVE BEN TRYING HARD & WRITTEN LETTERS TO THE COMPANYS HR

DEPT(IN RESPONSE MANAGER THREATENED ME) & CONSULTANT BUT IN VAIN, FOR MY SALARY. .PLEASE ADVISE ME THE BEST OPTION/PROCEDURE BFOR RELIEF. I HAVE MANY DOCUMENTS IN MY SUPPORT.
THANKS & RGARDS,
PRAVEEN RAJVANSHI,
M.N.-+91-9829274006
CONTACT DETAILS OF TECHNOFAB ENGINEERING:
ADDRESS:PLOT NO.5,SECTOR 27C,MATHURA ROAD,FARIDABAD,HARYANA,INDIA
HR HEAD : MR. J.K.SAHU.M.N.9999909981

MSC Shekar   08 April 2014 at 16:01

Official secrecy act - immunity to govt. dept.

A Treasury Department bound by Treasury Code should maintain a particular Record/Register relating to Treasury in the format given by Treasury Code. This Department is maintaining that particular Record/Register in that format.

There are also maintaining another Record/Register and they named it which is not in the format specified as per Treasury Code. They should not have any official Record which is not mentioned in the format.

The original Record / Register of the Treasury is audited by Accountant General of India as per the guidelines in the Treasury Code.

Whenever anyone requests for information relating to the subject of that record. The Treasury department is verifying the Unofficial record (clearly mentioning unofficial Record name) and giving in writing that any information related to them is unavailable.

When confronted they are saying both are the same. For example Donkey = Horse. The orignal record/Register Audited by AG, India is not shown.

Since layman does not no the treasury code. They are getting fooled by the wrong information and wrong Register/Record Name.

My query here is:

1) Does official secrecy act allow Treasury Department to maintain unofficial record and give false information ?

2) Does official secrecy act allow Treasury Department to give false information even in court of law (unless it is a High Court/other authority as per the Treasury Guidelines)

3) How do we counteract this situation. The present scenario being that the Treasury
Department has filed false counter affidavit in a Trial Court ?

4) The Treasury Department is silent on the issue of existence of any other record in the trial court?

5) Can we File a 340 CrPC Complaint against the Treasury Department?

Thanks in advance.

JASWANT VIJAY AGNIHOTRI   08 April 2014 at 15:52

Urgent property dispute



An 70 Yrs old man made a relation to a woman aged 35-40 yrs promising that his wife died and he will marry her. His wife was paralised and was being looked after by this lady for 6-7 months. Before dying she said her husband to keep that lady well. then he married simply in presence of pandit at home in front of all villagers (photoes available). He have 2 sons and after wife dead he in-heritage them from property (as they were separate last 10 yrs and never visited parents) after publishing this news and on his wife death they (his sons) came and fought with him and lady. later he given them a stamp duly notarised with one witness that she is his wife and he gives right to stay her in that house. He always used to come and eat at her rented house and said will take her to that house.

here it is to note that this house has no owner and old parential house. it is on line of dist residential line (aabadi line par hai). she want to save this house and not to sell.

Now he took U-Turn and he is selling house to another one and wants to pay his sons as they are threating him and her. he is not listening her and says her that she was her daughter although he made physical relation. she knows that after money got his son will not help him and will leave him. plz help how to stop..

Alistair   08 April 2014 at 15:52

Declaratory suit & nms

seeking to know from all learned members, every piece of advice and input will be appreciated.

1) when we file a suit in HIGH COURT, why do we also file a NOTICE OF MOTION?

2) What is a DECLARATORY suit?

3) What is the connection between a DECLARATORY SUIT & NOTICE OF MOTION for the same case ?

4)Can a DECLARATORY SUIT be put up for DISMISSAL without a judgement, when Suit against Defendant No.1 is transferred to Long Causes. and the rest of all the defendants are transferred to Undefended Suits ?

5) What is the benefit to the plaintiff as per point No.3 above & what should be the next step of the plaintiff ?

6) If the last day of the DECLARATORY SUIT hearing was about 60 days prior, and the last update was as point No.3, do the plaintiff stand to loose on any grounds ?

Thank you all for this wonderful forum, appreciate all efforts by each one of you.

R Samanta   08 April 2014 at 15:29

Club concept profitable organisation

Would like to form a club concept non-charitable organisation to provide lots of facilities like Hotel accommodation, fooding & lodging;Spa;Gymnacium;indoor game;banquet;swimming;bar cum restaurants; medical facility etc.

seek your suggessition which tyepe of legal entity would be applicable like Trusty or Society.

Member (Account Deleted)   08 April 2014 at 14:45

Does relationship matters in 138 ni judgement

Does relationship matters in 138 NI(Cheque Bounce ) Judgement

Example
Mother & Son
Father & Daughter
Husband & Wife
Boyfriend & Girl friend etc....


Any law or Claus where it is stated