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

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Faiyaz Momin   07 January 2014 at 11:38

Stages of domestic violence case

Hi,

Can anybody help me with the Stages of DV Case as how it runs in the Criminal court.
What are the stages step wise as
1)Summons Issued..
2)
3)
4)
Pls help to get further preparation.

Rajesh Tandon   07 January 2014 at 11:12

Cheating

1. I have been cheated by somebody in the money matter. For the purpose of FIR i.e evidence in front of police and the court I have saved the SMS received from him as well as SMS sent by any with a final request to return back the money which he has borrowed from me.
2. Section 65 of Indian evidence Act enables secondary evidence of the contents of a document to be adduced if the original is of such a nature as not to be easily movable. Hence, printouts taken from the computers/servers by mechanical process and certified by a responsible official of the service-providing company can be led in evidence through a witness who can identify the signatures of the certifying officer or otherwise speak of the facts based on his personal knowledge. Irrespective of the compliance with the requirements of s 65-B, which is a provision dealing with admissibility of electronic records, there is no bar to adducing secondary evidence under the other provisions of the Indian Evidence Act 1872, namely, 63 and 65.
3. I have a prepaid air Tel connection in my mobile.May I request the experts of the lawyer club of India to kindly guide me as to what is the procedure for such certification of the printouts from the service providing company. Would a written application with print outs of sms along with producing of my mobile physically to company officials quoting the provisions of the section 65 of Indian evidence act, addressing the application to legal department of service providing company under intimation to police would suffice
or
would service providing company react on the orders of the police/court only for the certification under the provisions of section 65 of Indian evidence act.

aryan   07 January 2014 at 11:09

land dispute

Hi, there's a dispute going on about the property being divide in our family,but our grandad doesn't want it to be divide equally to the female children and only wants to pass it on to the male children and has almost abandoned his wife and doesn't want to take her responsibility.Incase she files a complaint on him what are her chances to have a secure life ahead?grandad is well to do gets 30000 pension every month in which he doesn't give anythin to her.what can she expect if the compalint is filed and what are the ways to get the property divided equally between all the children?

senthil   07 January 2014 at 11:00

Fake criminal cases in civil dispute

A civil case between me and my relative is going on district court for a property rights.

But my relative don't have any legal points. so, his lawyer is not attending the case properly.

At the same time he continuously file police complaints by his influence in police department and threaten us. he wants us to register the property in his name.

So, we approached the high court and got a WRIT direction as "Police should not interfere in the civil problem".

Now again he filed a attempt to murder complaint in police station. So, we applied for an Anticipatery Bail.

Please direct me on this problem. Because up to this he has filed 4 criminal complaints and we are facing frequent police enquery and life threat to my family.

We have given enough petitions up to SP level but there is no use

We got the writ petition from high court also. Whether writ is not applicable for these criminal cases?

what else i can do, please help me on this problem.

Sairam   07 January 2014 at 10:50

I need some education clarifications-requesting please provide

Hi Sir...
Good Morning Sir...
I am from Andhrapradesh...My Name Is Sairam..
I need some education clarifications, please provide sir,that is those who are working in govt sector as a contract employee will the eligible to study as a regular student in any course (Here My Query /Doubt is while Studying Regularly at the same time Doing Contract Job In Govt Sector ), those who are working in private sector as a private employee will the eligible to study as a regular student any course (Here My Query /Doubt is while Studying Regularly at the same time Doing Private Job In Private Sector )…

Ultimately My Query /Doubts are:

1) for above Quires is there any Problem in future for Job as well as Study if we show at the same time both Certificates.

2) will they Eligible for that Educational Qualification for Present Job as an additional Qualification (Why iam asking this one they are studied Regularly while they are Doing Contract Job In Govt/Pvt Sector),

3) will they Eligible to show both Certificates at the same time in the Future in any Sectors (Govt/Pvt),(Why iam asking this one they are studied regularly while they are Doing Contract Job in Govt/Pvt Sector),

Pawan   07 January 2014 at 10:33

Under suspension for more than 6

Hi Team,

My father is working in prison department in Karnataka. He was suspended on 26/June/2013 on charges made by one of his peer on 10th may 2013 that he has asked for Rs 6000 to pass one of the medical bill(Arogya Bhagya) of 2011 which was for Intra Laser treatment which is not covered in Arogya Bhagya. Later the higher authority passed a order on 9th May 2013 to recover the Money from the salary of the employee after which the employee made the above allegation.

Based on this allegation without any proof and without any enquiry my father was suspended and is under suspension till date. And it has been more than 6 months he has not called for single enquiry or given any charge sheet. Also he is paid half of his salary.

As of now my father has applied a case in KAIT court and the court has asked for reply from the department. Please let me know what other steps my dad can take in order to come out of suspension because of false allegation as quick as possible. Also will the subsistence allowance will be increased if the case is not disposed quickly?

Thanks
Pawan

VTC   07 January 2014 at 08:31

Person missing in prior document

Sir,
I have purchased a plot from a person named Monish on 2007 in Kerala, he in turn had purchased this plot from a lady on 1996. On 1993, this plot was one amoung the six pieces of an ancestrial property divided by heirs.
During that time, in Partition document of 1993 it was mentioned that "one heir left very long time ago and was proclaimed dead(no heard of till date), hence his share divided amoung brothers and sisters"...
Now I want to sell this plot and buyer is pointing out this as a serious problem.

Please advice me how can I solve this problem..?


Vir Indian   07 January 2014 at 06:21

Publishing judgement

Dear Experts
Can I stop a website from publishing judgements related to my client? Will an injunction or court order be needed?

Furthermore, my client is a European National citing the European Charter of Human Rights (Right to Privacy). Will the court in India recognise this?

Vir

Vir Indian   07 January 2014 at 06:01

Non-reportable / unreportable judgement

Dear Seniors

I have read the difference between reportable and non-reportable judgements. Can you please explain to me if it is possible to get a judgement passed as non-reportable after it has been delivered? If so,is there any time limit for it?

Thank you
Vir

ajay kumar sarawogi   06 January 2014 at 22:42

Law of limitation

A trust was created in 1901 where in settlor
prescribed in trust instrument full objectives of trust with full details for becoming trustees, functions etc.There was no
amendment clause in the trust instrument.

In year 1975 a supplementary trust deed was made without the consent of court, where by
50 percent objectives of trust was changed against the wishes of the settlor.

Again in year 2011 another supplementary deed of trust was made without the consent
of court, where by balance 50 percent objectives of trust was changed against the
wishes of the settlor.

Can both this supplementary trust deed be
challenged in Court, or limitation Act is
applicable.