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

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M Satyanarayana   27 January 2014 at 16:51

Accused acquitted due to poor investigation by i.o.

Sir,

An attempt to murder was made on me in the court premises by my sister's son and daughter. It was conspiracy to eliminate me so that they may gain the property on forged documents after my demise. It was planned and executed in connivance with the Police Station falling under the area of crime. All the family members escaped except one female member. I filed Writ Petition in the High Court for complete investigation by competent officer. My plea was dismissed.

I attended the Trial given evidence others also given evidence. During the trial some body else blood stain shirt was produced before me for identification which I denied. The accused in the case surrendered himself before the judge after lapse of long time under suspicious circumtances. The I.O. in the case never made sincere efforts to apprehend the accused. All the accused got acquittal by influencing the I.O. The accused are having political and money power to get away scot free after the crime.

To pursue my case the state has to go for Appeal in my case the State will not be interested for appeal.

Please kindly advise can I have a right to approach as individual complaint to Lokayukta Forum for my redressal of grievance so that the criminals can get punishment for their bold attack on me in the public premises.

Thanking you,

MSN

TR Madhavan   27 January 2014 at 16:20

A p reorganisation bill related

As the A P State Reorganisation bill found incomprehensive one to reject the same notice has been given under rule 77 by the Chief Minister, some of the cabinet colleagues countered it as they not been consulted it should not be taken up as given by the government. Speaker has earlier during the ongoing session rejected notice under same rule given by another party. One more MLA has suggested extension of the tenure of the existing MLAs for two years after the division, to enable increase assembly constituencies and completion of delimitation process.

Clarification sought is

If the bill is in comprehensive should it be treated as a draft one and the same can be rejected by the assembly?

When the members have sought several information with related to the bill, is it the duty or not of the Union Government to furnish the same to complete the process?

When the speaker once rejected the notice given under the same, should he reject the new notices also?

Should delimitation of constituencies as per reserved population etc process be completed before or after the division of the states?

Hope, the clarification will remove the confusions from minds of young woters of India.

raja goswami   27 January 2014 at 16:11

Legal documents

after death of my mother my elder brother get a job on compensation ground in govt office nw i am unmarried daughter but due to family problem i needto get part of salary for my livelihood
So pls suggest me what legal document i prepare
My brother get job in govt office

Pramod Harkisondas Divecha   27 January 2014 at 15:43

Co-op. society

Sirs,
I need your urgent advice.
I have acted as advisor/consultant to a co-op. society in certain matters.
1. The Hon. Secretary of the society had invited me/us to advise/guide them in various matters.
2. The said Hon. Secretary had accepted to pay fees as quoted by us, on the quotation itself, by writing “ACCEPTED” and signing.
3. The issues were discussed in a meeting with our representative, wherein majority committee members had participated and payment was also approved.
4. Subsequently, before the payment was made, the Hon. Secretary resigned due to internal squabbles and a new Hon. Secretary was elected and appointed.
5. The new Hon. Secretary refuses to make payment of our fees on the ground that the Old Secretary/committee had not passed any resolution for appointing us as advisors and therefore, no payment is due to us/ he will not make any payment. It may be stated that all evidences including the acceptance by the old secretary have been furnished to the new secretary, but still payment is being refused.
Against the above backdrop please advise:
a. Whether the stand taken by the new secretary is legal and whether he can deny payment to us when we have documentary evidence of acceptance to pay from the old secretary.
b. If the old secretary/committee has neglected to pass suitable resolution, does it affect my right as an outsider and as a creditor of the society? (I have no other connections with the society).
c. What course of action, other than Civil Recovery Suit is available to me? (Would like to avoid civil action due to sheer delays)
d. Is it possible for me to take action against the society under section 91 of MCS Act, being a CREDITOR of the society?
I shall appreciate your urgent advise.

Annonymus

prash c vadu   27 January 2014 at 15:19

Sra flat

If I purchase a SRA flat in andheri-east 225 carpet area, the building age is 9.5 year...so It will transfer on my name after 6 months? and what is the procedure and Transfer fee and stampduty-registration...can u pleas tel me...my id prashusmart@gmail.com....my no: 9870452737

Member (Account Deleted)   27 January 2014 at 15:15

Immigration to canada i need help

please help me what i should i do



This is refers to your application for permanent resident in Canada



I have completed the assessment of your application after careful and thorough consideration of all aspects of your application and the supporting information and document provided I have determined that you do not meet the requirements for a permanent resident visa



Paragraph 36(1)(b) of the immigration and refugee protection act provide that

36(1) a permanent resident or a foreign national is inadmissible on ground serious criminality for (b) having been convened of an offence outside Canada that if committed in Canada would constitute offence under an act of parliament punishable by maximum term of imprisonment of at least 10 years

Document and information presented in support of your application establish that you have been convicted in india on November 07, 2004 of an offence namely rash driving under section 279/337/338 of the IPC you Pleaded guilty on February 13 2008 under section 279 of IPC and fined rupees 200 for having contravened of section

If committed in Canada this offence would constitute an under section 249(3) of the Canadian criminal code and would be punishable by maximum term of imprisonment of ten year s

Section 249(3) of the Canadian criminal code state dangerous operation a motor vehicle causing bodily harm

3) everyone who commit an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten year

You are hance inadmissible until fab 2018 under section 36(1)(b) of the immigration and refugee protection act



Before a decision is made in your case I am providing you with the opportunity to comment on the above concern or provide any observation or explanation in writing you have 30 days from the date of this letter to reply



please help me what i should i do

Nitin   27 January 2014 at 15:12

Property

Dear Sir/Madam,

I have property i.e land in village savantwadi sindhudurg(MH).In such property i have 75% holding as per 7/12.but another person who have 25% holding as per 7/12 he file a case on me for property distribution,i ready for the same but he not want property he want my house which is on my name &where i live with my family.
The case was file in 2008 but till today he is not present for a single hearing in court.i told to my advocate to dismiss the case & take action against him but he not do anything.so i request u to suggest me what i can do? can i take action if yes the what? under which section?

Sujith   27 January 2014 at 14:52

Dv act

Dear experts iam facing dv and court ordered 4000 rs as interim maintannace and i didnt paid the money yet and now my wife is going to file execution pettition and i already filed for rcr,and custody and she withdraw the socity on her will and i have the same in stamp paper with her handwriting.will the court issue arrest warrent against me?and can i go for anticipatory bail?

Shobana Rammohan   27 January 2014 at 14:44

Property dispute

Hi

I write this to seek genuine help from great lawyers as you. I am a normal citizen with not much knowledge on property rights. I never thought this would happen in a close knit family as mine, so here goes the problem....

My paternal grandfather (late) has got a huge property including chunks of land and a house. He has one wife, one daughter and two sons. My father is the eldest of the sons and he passed away 5 yrs ago. He had married his sister's daughter. My grandfather has totally eight grand children (daughter - two girls, two boys.//// elder son - one son (X), one daughter.//// youngest son - one daughter, one son (Y)).

Before my grandfather died, he wrote a will that the property belongs to his grand children X and Y (equally divided)and the guardian will be his daughter's eldest son, until the two (X and Y)become major. We are unsure of whether the will is registered or not.

About 7 years ago my grandfather's youngest son (my uncle) got a registered document signed by my father, his sister and his mother, saying that one part of the property (a huge chunk of land that can be harvested throughout the year coz of three pumps) is his and the others have no objection. This was done on mutual trust that he will not deprive his brother's son when there is real partition of property between X and Y.

But now he refuses to let go of that land. The land's value is high compared to the other lands. He has literally betrayed my father. My father is no more. We need equal partition of all the property. My ammachi ie my grandfather's daughter is on our side. My questions are as follows

1. Can my Mama (mother's brother) file a case if the Will is registered, as he is the guardian. If the Will is not registered what can be done.

2. Can my brother, I, my mother and Ammachi file a case together demanding property rights.

3. Is what my uncle done legal, as the legal heirs are X and Y. Can something be done to reverse the registered document?

Kindly advice on the step by step procedure. If u have questions kindly clarify with me. Expecting a soon reply.

Thanks
Shobana

Himanshu   27 January 2014 at 14:42

Dv act lawyers

Dear All,

I have got married to a delhi girl, her brother is a lawyer, Dec-2011 we married in Indore,my native place, started leaving in Indore at our home, the girl was troublesome often threatened us with divorce and his lawyer brother and pressurized me to start leaving in delhi, as I am working as a manager in MNC. I have old parents and unmarried younger sister to look after, so I cannot. Common relatives who were in between the relation tried to mediate but didnt work and she went her with jija,brother and father on 6 feb 2013 threatening us to drag me and my entire family to delhi courts and jail. She took her jwellery with her,when we asked for signing papers for leaving with jwellery her brother refused and took her forcefully without getting any papers signed.

Relatives tried to reconcile but all in vain she put her demands straight that I should take a house in delhi in her name and shift to delhi leaving my parents.

We could not submit to and they lodged a complaint in CAW cell delhi,all alleged offences in my and family members name were alleged to happen at Indore only, I never went to Delhi, complaint is now converted into FIR. Then she slapped a maintainence case in 125 and now one more in DV act 2005. My parents,two younger sister out of which one is married and resides separately in city is also made a party.

I didnt participated in CAW cell proceeding in person however my counsel appeared and submitted my statement in that regards, just because there was lot of threatening coming that once I come to delhi they will implicate me in other criminal cases so as I have to shift to delhi only and also assault me, not let me go back alive.

I am trapped. I hired a counsel in Delhi known to my relatives, he filed a Notice bail at JMFC at stage of CAW cell proceeding which was withdrawn on ground of pre mature. He filled writ petition in High court us 482 to change jurisdiction to Indore which was disposed off at CAW cell stage.

I need some sage advice to save me and my family.