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

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Arka Foundation   24 March 2014 at 21:11

Remedy for victim who accepted that he committed the offence (498a)

Dear LCI Members,

We are a small foundation serving (ADR process) for small disputes. With group of ADR diploma Holders

A party (parents of victim) came to us for an advice, but we could not advice them.

Client Details - case of 498a victim.

Facts:
Victim suffering mental agony because of no job, No financial support & moving from one city to other in A.P.
In this circumstances, he could not appoint any lawyer and rejected lawyer in frustation and decided to go to jail and finally, accepted that he committed the offence (cruelty) before calling inviting any witness and cross examination.

Not a single evidences/exhibits/materials ..etc from 498a complaint side.

Court is adjourned. Waiting for order????. (according to the victim parents inputs)

Victim Parents are worried no financial source. Surviving on one younger brother

Their worry : Can victim go for appeal? if he is convicted. As he himself accepted that he committed the offence (cruelty)

Background: according to victim parents inputs)
inter caste Love marriage, No dowry given, no demand of dowry, no cruelty, resided together only for 5 months. Wife was sent to parental home for relief and

Dispute Arose : for not giving fully salary to wife.


498a complainant status: -
Got married before 498a victim came to court before first hearing.
Now 498a complainant is having 2 years baby.
They did not conceal facts that she is married (second).

What advice to give them.

Amar   24 March 2014 at 21:02

Audit report can be revised or not?

I have submitted my online audit report for A.Y. 2013-14 within the due date. But, I have not filed yet my return of income. If I found any mistake in my audit report, can it be revised by me or my CA? If yes, what will be the process?

Abdul   24 March 2014 at 20:11

Want my family together

Hi,

I am a muslim, an assistant professor in Kozhikode, Kerala and my wife a bank officer in the same city. Two years back we bought a house in her name with most of the money invested by her and her family and we were living together with our two kids. Things got worsened when she got transferred to a little far city (Malappuram) six months back and she shifted there with entire house holding along with her (most of them owned by her). Since then she doesn't want to entertain me and was seeking for divorce/separation. In front of the mediators there was an oral agreement that an out of court settlement will be prepared in favour of me as she wants the divorce and I will vacate her house after we sign it. But in between a lot of things happened as well wishers tried to re join us together. Since nothing worked out I gave her the draft copy of the divorce agreement paper. But she changed her mind as she demanded me to vacate the house first and then sign the paper. Since I rejected she filed a complaint to the nearest police station and they gave me two weeks time. Since I couldn't find a house the police forcefully expelled me with her support last week. I complained about this to ADGP and home minister as police doesn't have the authority to expel without a court order as per my Lawyers. My lawyer is telling me go more attacking way like living the same house by opening the house with some duplicate key and then file a suit against her telling I had invested in the house so that she won't be able to sell it or give it for rent. I am in a dilemma as what to do as she had already threatened me with all laws favorable to her including the 498 section. Frankly speaking I still want her and kids to be with me especially in the same house. Can some body please help me out????

Jitesh   24 March 2014 at 19:47

Noc for sale of flat

In my flat agreement, 1st holder is my name and 2nd name is my mother. She expired on 11-8-2011. Society has prepared Share Certificate on November 2012 but not yet distributed to any members. While filling up Share transfer forms, my mother had signed the same and accordingly my name and her name appears on the undistributed share certificate. Now I am selling this flat, and buyer's bank is asking for society's share certificate but society is not releasing the certificate yet and they are delaying issuing NOC to me. What society should need from me to issue in such case. I have my father staying with me and a brother who is settled abroad. Both of them have given their consent on a letter that both of them have no objection in me selling this flat.

Can you please advise what society should ask from me so that they can issue NOC to me. I am the first owner and I have given them affidavit and indemnity to society but they are new and dont know process. Please guide.

Manjeet kumar sahu   24 March 2014 at 19:43

Consumer law

Can anyone provide me citation or judgement of this case.

Tata Finance Ltd. v. Morjan Hossain and Others

mohamed   24 March 2014 at 19:35

Can khata transfer be treated as ownership of the property

Hi Sir,

Our property was registered in my Father's name and he expired 2 years back.Now we have transferred the khata on my mother's name.My query is that do i need to register the sale deed on my mother's name or just transferring the khata is enough for the ownership of the property.Please do answer my query some broker told me that just transferring of khata is enough for the ownership of the property.
further he has taken all the xerox copies of property documents( the originals are with us).Do you think he might do something mischief with xerox copies as only khata is been transferred onmy mother's name.

Please do reply.I will be really thankfull to you.

yatin shah   24 March 2014 at 18:39

It is related with trust n trustees, schools

1) can a trustee or his wife run a private classes if the is trustee is on the working post in the pvt. school as teachers are not allowed to run classes pvt class if they are working in the school.

2) can any one be the trustee if he is no registered with trust charitable commisinor.

3) can trustee work actively in the working commitee if they are not registered trusee.

4) previously the dearness allowance was given to staff and suddenly it stops what teachers shold do.

5) is the dearness allowance slabs are
same for pvt n govt school, granted n non granted school.

yatin shah   24 March 2014 at 18:29

Black film on the car

1) kindly tell me what is the last verdict of the supreme court regarding the black film on the car as per my knowledge supreme court has given the verdict that upto 70 macron the blak film is vaid but non of the police is accepting in mumbai. and as per which ipc it is been valid upto 70 macron.


2) Moter dirving act is same throughout india or it differ from state to state?
Can we drive with attested true copy licence or we have to carry original with us?

3) if we are haveing attested true copy licence can police charge the case of driving without licence?

sanjay   24 March 2014 at 18:28

British citizen of indian origin holding land in india

Me and my wife moved to the United Kingdom around 1970 and are now citizens here holding a British Passport, We have not registered for OCI. Can I hold a property in the name of my wife, my son who was born in the United Kingdom and my daughter, who was born in India but is now a British citizen. Further can I apply for pan card and hold a saving account and earn interest for the same in India without declaration of it in the UK

kapilsingh   24 March 2014 at 18:09

Renewal of society!!

hi sir.. please tell me.. if a society is registered under 1860 ACT of Societies.. then is this necessary to renew it under new act of 2012!!