Ziaur Rahman
09 February 2009 at 22:02
A person was wanted in a criminal case.He surrendered before the magistrate.The magistrate granted him bail.But in order sheet he did not write that he was first taken into custody by him on his surrender and then granted bail.Subsequently he was acquitted from the case. The said person applied for a governmentjob and in his verification form in answer to a question "whether arrested?" he wrote "No". He was denied the job for making a false declaration.His advocate says that since the magistrate while enlarging him on bail did not write in the order sheet that he was taken into custody on his surrender so it can be safely presumed that he was not arrested and that the surrender did not meant arrest.The law officer of government opined that the surrender before the magistrate and subsequent enlargement on bail will be deemed to be arrest by the the magistrate and then enlargement on bail. What is the position of law? Can a magistrate Grant Bail to an accused person on surrender before his court without taking him in the custody? Since the magistrate has not written in the order sheet that the accused was taken into custody and then granted bail then will it be considered an implied custody? kindly answer with the reference of the law or rulings whether the law is in favour of the candidate or not?
d
09 February 2009 at 21:27
can i challenge the constitutional validity of the dowry prohibition act on the basis of art 21 since it is curtailing my fundamental right of personal liberty
Anonymous
09 February 2009 at 20:01
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SIR,
PLEASE SUGEST ME ON THE MATTER MENTIONED BELOW.
DETAILS YEAR WISE HAPPENINGS-
>.
YR. 1966,our seller who sold the property to us ,purchased the property.
>Yr 1978,seller took I.T permission and Ceiling Permission from
Land Revenue Dept from I.T dept of Jodhpur and Raipur,where
both joint owners very staying at time of Registry,for
selling the property to us.
> YR.1979 seller sold the property in 2 parts through POA and
given us their possession and their original documents.
> Yr.1979, we received notices from I.T dept for undervaluing
the property in Registry.
> Yr.1980 we transferred both property in Muncipal Dept,
Electricity Dept and got Industrial License for Saw Mill in
a Plot.
> Yr.1985 we got muted one property in our name in land revenue
records.
> Yr. 1991 S.B.I made party in a case for keeping our property
mortgaged and taking personal guarantee against loan.(for
property muted in our name in yr 1985)
> Yr.2003 we submitted our both registries in a civil case
against the present POA of seller.
>Yr. 2005 we lost a registry with original and only copy of
Seller POA copy received by us at time of Registry.we filed
complaint in local police station and given advertisement in
Newspapers for lost.
> In march 2005 we muted second property in our name ,in which
we are staying from the time of registry .
>IN nov. 2005 seller got our mutation cancel order but they got
order in name of only 5 joint owners,whereas we got muted in
6 joint owners.They got cancellation order without making us
party in really.
we challenged the above order immediate in dec.
>IN 2005,stating that they never served us any notices and not
got order against all the names in whose name mutation was
there.
> Yr 2006 we won the case against S.B.I, in DRT,JABALPUR .
> YR 2006 we filed case civil suit for title deed ,and for
status quo as we got threat from mafias for leaving the
property.
> seller,became EX-party as they not responded to all the
Registerd notices and paper advertisement published at their
place of stay,given by the court.
> YR 2007,seller appeared in the case and given power of just
1/4 area to their Relative who stay very near to us,in our
city,and became party in the case.
> Yr 2008 POA holder refused the Registry of 1979 and stated
that they never gave POA to anybody for Executing Registry.
Here he is telling,Pleading about whole property whereas he was
given power of approx 1/4 of the property which we are
claiming.
Yr 2009 case is still going on in Land Revenue Court and Civil Court,where we filed the case against them.
DETAIL HAPPENING AND REQUEST.
> Respected Sir/Madam,
>
> > we purchased 2 properties in 1979 . In registration of
documents ,attached documents were
,<1>permission for
sale of properties from land ceiling dept,<2>
incometax dept. permission for sale of
properties,,<3>map of property.The registration
was
done by the power of attorney holder,whose power of
attorney copy was not required to be attached in
Registry,
that time.It was Registrar who use to confirm the
authority,
of P.A holder .Out of two properties one was of small
factory shed with open plot,for it- we got our name
transferred in Land Revenue Records in 1985,but other
property was a Residental building,in which we are
stay
Rajaram C Iyer
09 February 2009 at 19:44
Dear Ld Friends of TN,
May I have the detials of Civil and Criminal Courts in Chennai. In Delhi we have the Court Handbook which gives a brief discription about the number of courts, jurisdiction pecuniary as well, fees for Injunction,HMA cases etc. This is available in the court web site.
If anybody can provide me a soft copy, I would be highly grateful.Also let me know whether any book is available, if so, where?
Thanks and regards
C. Rajaram
kanwar Lal
09 February 2009 at 19:01
a person is in govt service now he want to change his name. his name in official record is ravi kumar now he want to attache his sir name sharma. is it possible if yes what's the procedure?. if there is any legal provison plz explain.
kanwar Lal
09 February 2009 at 18:53
Complaint u/s 138 is pending against the accused.court declared po to the accused. now can complainant go for attachement of movable property of the accused? if yes under which provision.can we attache movable property or not.
d
09 February 2009 at 18:12
i have a moot prob regarding dowry act in which 5 lakhs was paid to the husband before marriage even when he had not demanded it. after 4 months of marriage when he wanted a divorce the wife filed a false dowry f.i.r that the husband and his family are demanding and pressurizing her for dowry.
he formed a SAVE INDIAN FAMILIES ASSOCIATION (SIFA) And filed a writ petition on its behalf challenging the constitutional validity of the dowry prohibition act.
can he do so and from where do i find the locus standi of the association
Guest
09 February 2009 at 18:07
1) One of my client company- sahres transferred from res to NRI through transfer deeds dated 3-3-8. Still FC TRS not filed at RBI...can it b filed now? Penalty etc? plz. Tq.
2) The Board of Dir wants to register the transfer in the registers before 31st march 2008 though fc-trs was not filed for this. Possible? Plz. Tq.
rooman
09 February 2009 at 17:04
hi,iam going to start a small company that is online pc repair only in karnataka, i will accept credits through credit card online
please tell me A to Z rules & regulations......
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registration of orphanage
Dear sir/Madam,
Would you get me clarify under what provision of law or Act the Orphanage has to be registered ?