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

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

edgar sylva   15 October 2013 at 21:01

Advise on govt of india sticker on private car

We have a neighbor who had had numerous brush-in's with the law and is presently on bailin a smuggling and fraud case filed by DRI Mumbai.
They had a private car in the name of his wife (by the way he is a foreigner holding person of indian origin)for the last one year or so.
Lately they have put a white florescent sticker on the rear glass and a orange florescent sticker on the front glass both marked GOVT OF INDIA.

It is suspicious to say the least as they keep driving on the wrong side of the road and break signals too.

I have intimated the police on the email including the DGP MS twice but nothing seems to be done- the brazenness continues and the stickers remain.

What is the legal status of those putting such a sticker on their private cars??

I am a worried person that they may be up to no good

asmita0009   15 October 2013 at 20:56

Husband is not paying maintenace and not ready for mutual divorce

1 case 1 (DV case) : Since last 2 years my DV case is going on in Vaddoara. When this case was filled Hon Judge had given me the promise to keep pations as he will try to finish my case as soon as possible , so, i should have to avoid the demand of maintence. I was became agree for the same. Then due to some personal reasons my advocate was shifted in other city without giving proper information to me.

2 case 2 : Actually i am staying in gujarat since last 40 years and done simple marrige at Mumbai where my Husband is staying. My most of the relatives are statying at Mumbai and nearby areas. After marraige i came to Mumbai at my matrimonial Home. But then my husband had started mental harrassment and send back to me at Vadodara. Then i went to Mumbai and taken help of NGo as my Husband was there and my most of the relatives who were the mediator of this marrige where staying there. Then i had sent legal notice through advocate to my Husband, that if he will not call back to me then i will file case of Domestic violence act or section 498. But my advocate was careless and done unnecessary late to file the divorce case and waited for reply of notice . So, just FEW DAYS before FILING my case under section 18 HMP , my husband had filed case from in Mumbai for marraige NUll and voide giving reason that before marraige i had taken psychitric treatment for Axiety and i am not able to procure child. Then on juridiction ground this case was rejected by Hon Vadodara court.


3) case 3 : Then My husband had filed case for marrige Null and voide which is going on since last 4 years at Mumbai . court had given me very nominal amount as maintence which is also not deposited by my husnband regularly and my travelling expenses for attend his case i have to bear expenses. All my jwellary , cloths given to me by my parents is in custody of my husband. When i had drawed attention to the judge they said your advocate should do the work on it and Advocate has verious options. The court is not ready to give order to my husband to pay me maintence in advance. Three times i had filed RD for maintence due. Moreover when i told Hon judge that if my Husband will not give me travelling exp i will not attend his case. The judge told that if you will not ccome you that will be your loss.Please note i have not claim legal expenses for my any of the case.

All my jwellary , cloths given to me by my parents is in custody of my husband. My husband is not ready for mutual divoce by giving componsassion to me or could not prove his allegations or submitt avidances that my Anxiety problem is serious and i am not able to procure child. Kindly note i had done late marraige at the age of 36 due to some social problems and with in 40 days he sent me back to my parents home.

So, in all above matter please give me proper guidance, what i can do?

Member (Account Deleted)   15 October 2013 at 18:59

Submissision of proofs beyond date

Respected Adv,

I had 3 dates consecutively say 10, 11 and 12. Judge asked us on 10 to submit all proofs by 11. I was unable to submit single proof on 11 but submit few proofs on 12. Now I want to submit rest of the proofs which are approximately 70 pages.
I moved application for 1 week time on 11. Then again moved application for time on 12 also.
Will I allowed to submit my proofs.

vijay prakash heda   15 October 2013 at 18:45

Cst c from

Can I Issue C Form to Seller I am Using the Product for Installation of Cold Storage Unit not for re sale only for Instillation

Todi   15 October 2013 at 18:29

Consent terms with cunning land lords

We are pitted against the land lords having criminal mindset and wanted to evict the tenants by hook or crook. After several court cases tenants protected under Maharashtra Rent Control Act have entered in to consent terms with them approved by Bombay High Court on 13.9.2013 in our writ petition no. 323 of 2013. As per the consent terms land lords were to enter in to individual agreement with the tenants offering them flats in the redeveloped building to be completed in 36 months and tenants were required to hand over the possession of their tenancy flats to the Court Commissioner on 18.10.2013. To our utter shock since order dated 13.9.2013 the land lords have been delaying the agreements under some pretext or other and we are being forced to hand over the possession to the Court Commissioner on due date. We find it very risky as the land lords may create dispute and make consent terms unenforceable there by making tenants suffer huge financial losses and mental torture.
Experts pl. help and advice us suitably in the matter.

sk..........   15 October 2013 at 18:20

Rent

I want to let out my flat for rent to bachelors ,now the neighbour flat owner is objecting to this,

1-now can i give to bachelors, will there be any action from law.

sk..........   15 October 2013 at 18:14

Petition

In civil revision petition in high court ,I got notice and date is given, now

1- should i file counter on the same date which is given to attend
or

2- will i get time to file counter at next hearing.

radhakrishnan   15 October 2013 at 18:00

Property registered

My father purchased constructed house 1200 sqft in my mothers name in the year 1982 .agreement of sale executed in 1982 and paid amount by keeping a balance of Rs.500/- to be paid at the time of registration. GPA executed in my mother\'s name in the year 1982. In the year 1992 my mother GPA holder paid the balance of Rs.500/- to the vendor and he has given a receipt for having obtained the balance payment and my mother expired in 1992 and subsequently my father also expired in the year 1995. In the year 1999 my eldest sister was advised by some people to register the house and the same was registered in my name i.e brother. stating Vendors GPA holder (ELDEST DAUGHTER). I have transferred BESCOM, A Khata Certificate obtained from BBMP, and since I felt that the old house to be demolished, i applied for BBMP plan approval and got it sanctioned for the same. Water connection deposit also paid to BWSSB. Later I applied for bank loan and obtained loan from the nationalised bank. The construction was under process when it reached to the lintel level. Some 20 henchmen alongwith one local police arrived at the construction site and informed us to stop the construction as they have taken the caveat. The order states that the defendant to adhere to the law and to maintain status quo. Later received registered post from the plaintiff counsel with all documents. To my surprise it is seen that the vendor who gave agreement of sale, receipts for having paid the consideration, GPA to my mother has expired in the year 1998. and the vendors wife has registered through GPA stating she is the legal wedded wife and since her husband expired she is selling the property and has registered through sale deed in the year 2006 to X. Subsequently in the year 2011 Mr.X has again sold the same property to Mr.Y. Mr.Y has approached the BBMP for khata transfer and it is still pending in BBMP authorities. It is also seen that Mr.Y has submitted B Khata certificate Now Mr.Y has filed a case against me. I approached BBMP office and enquired with the Assistant Revenue Officer and showed my A Khata certificate and also Mr.Y’s B Khata certificate. ARO stated that B Khata certificate is of fraudulent nature. The khata number which I have is different in the plaintiff B Khata. Hence I asked ARO to give me the written report about the same. Also gave a police complaint to BMTF about the B Khata certificate and to investigate the same. My house construction has been stopped as I should not contempt the court. I am totally messed up with all this scenario. I want to vacate the stay. I want to win the case. I want to construct house. I am having the physical possession of the house since 1982 to till date i.e 31 years. I dont know what should I do. Kindly HELP ME. HELP ME. HELP ME.

Karthik   15 October 2013 at 17:32

Wife avoiding me due to her family situation

I got married before 3 months, (after engagement she talked happily over the phone and we had a good relationship)we lived happily only for 15 days after that she went to her home for Aashad(Aadi month) for one month to her home and stayed there, during that time there family changed her mind set that if you go for child with your husband we cannot settle our home loan which was around 7 lakhs and your sisters also studying, tell strictly your husband that i wouldnt go for child for next 2 years and she hide all this and says me if you come near you should wear protection and come, at that time we both put fight in this issue and she told i want to go for higher pg studies(classes from sat,sun, mon rest of that day she is searching for job, i told stay with me in bangalore and in chennai for 3 days in hostel, but she told i cant roam from here to here, and dont involve in my freedom and rights i will go for any jobs on tuesday to friday, you dont have any rights to stop that) but i told her leave with me for 1 or 2 year and get one child and later you can go but she argued with me and she wins in that(because i got fed up and left in her own way), during this fight when i went to visit her home they dont invite me and they dont even give me water, she is not ready to accept my money and she is studying in her father money when i given my atm card also she hasnt taken even single rupee as of now and she told i wont give you a single rupee for next 15 years after my studies( i told i dont want your money i will survive on my own leg)i will give it only to my family and i wont go for child with you like that and all and she went when i went and met her she is avoiding me and saying to her parents that this guy is coming to meet me only for sex, Moreover during her holidays she needs to come to my home but she is going to her home which is 20km from my home and ask me to pick her in her home, her father is blackmiling me saying that i will take your head and you cant keep in your leg in ur native and then how come i can go to her home. Can i file a case against her father for blackmailing me that i will murder you like that.

My father is sick and he is hospitalised after my marriage. We didnt demand for any dowry like gold or bike or car, whatever they puts for her we accepted

Her whole family is against me and bluffing in my life.

When informed her about my dad is hospitalised she told "why i want to come and meet your father" and her parents also might be knowing it from her(i didnt inform her parents)

She is not ready to give me a clear reason over the phone and in person about our future life.

So what i can do to go for divorce within 1 year.

Shall i send any notice to their family.

Mrs Renu   15 October 2013 at 17:22

U/s 325 ipc

Dear Sir,

I shall be very thankful to you if you pls pass us your expert advice as at this time I have no hope how to come out from this trauma and how a person can get acquittal, as he has done no crime at all.

Our case was u/s 325. In the Trial due to the negligence of our own lawyer she has not crossed examined, Doctor has not turned up for cross examination despite of 3 reminders to him. Only Hospital clerk came and identified signature of only one doctor and not of other doctor. X-ray plate also was not exhibited. By mere seeing the word grievous hurt MM convicted the accused. Police IO stated that he has not seen any bricks at the spot of incident not there is any seziure of object nor any public witness.

Applied for appeal we had submitted two judgments of Bombay High court and of Chandigarh High court where the accused was acquitted only on one point that Doctor has not been cross examined. ADJ has not taken into consideration those verdicts of High court and dismissed the appeal . He has not granted interim bail. He has not granted probation to him and took him into custody.

Now my query is:-


ADJ has done discrimination and it is infringe of Rights .

On what grounds he has not taken into account those two judgments similiar to our case but acquittal has been granted to petitioner.

How judge himself can do the work of Doctor.

His knowledge is not updated ADJ is not aware of the latest decisions of High courts and amendments. There is latest amendment on section 325 and High court of Delhi passed its judgment on the basis of that. "Grievous hurt is that where the part of the body is to be changed Pivotal of body part or it has continuous pain for 20 days. Crl Rev P 222/2010

Here is our case on MLC paitient not having any bleeding not unconscious, simple pain killer, bandage, no advice for further examination or any other xray. Wrote dislocation. As per orthopaedic advice dislocation means severe pain on that joint, it needs plaster for 3-4 weeks and after that xray.
Complainant stated in his statement that a brick thrown on him and his middle finger got injured. A brick would only injured one and only one finger? On MLC it is stated that there is a cut of 0.5 mm on middle finger and nimbness on index finger. X ray is showing dislocation of middle finger.
Without getting any clarification on these vital noting of doctor and radiologist how Judges are presumed that it is grevious hurt and put the person into custody.

So as per our own little mind both the judges have done discrimination and without getting the expert advice and cross examination of doctor they have concluded the case & put a social stigma on an innocent person. They both have shown inhuminity by not granting interim bail and probation to a Sr.Citizen of 63 years old.
This person is fighting a case for the last 20 years.

A self driven injury by a crocked person gave mental tension, social stigma, loss of money , On what grounds such people can be booked ?

If we approach to HC can we be able to get the acquittal on the negligence & injustice done by both the judges > Is there is no provision that HC can question those judges who are passing their judgments without applying their mind.

Thanking you,