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

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Anonymous   27 November 2009 at 09:34

n.i.act

weather the cheque issued as sequrity attract the provisions of 138 n.i.act? any judgements there?

Amit Oza   27 November 2009 at 09:00

query

i am amit oza, married on19.4.208,after 4months of my marriage there were issues regarding completing her studies and to take up job, as she has not completed her graduation.before marrigae their father lied that she was gradauate.in june 09, she went to her mother place,and in nov09 she filed a colpmain against us that we are ddemanding dower of Rs 50lac and my mother is beating her.
the case was sent to mahila takrar kendra.it was decided that she will saty peacefully. but after few days she sratred giving me trouble always taunting me .
on 25-11-09 i went to mahila takrar kendra , the officer asked me whether i want to continue the reation ship.
i want to know whether she can creat a problem if i say i dont want to continue the relation

CHEEMOO   27 November 2009 at 04:24

Murder caseHusband puhsed her wife from fourth floor balcony

That my brother in law killed my sister by pushing her from 4th floor. There is no eyewitness of this incident. In the morning at about 5.45 a.m. chowkidar of the building knocked the door and informed us that some lady fallen down from the upper floor. Upon which I and my mother went downstairs and saw the saima was lying on the road in serious condition. On our query she very slowly and difficulty uttered the words as “Imran Dhakka” Mean while chowkidar had brought a vehicle. In the meanwhile I informed the police on phone as well as to my elder sister.
Please advised us there is no eyewitness how can we proof this murder? According to advocate there is no legs and foot bones broken. The hands and wrist bone broken due to Saima trying to safe her life from head injury. Please read this case and Postmortem report and advise us how can we proof this murder?
Please send us case law.

Deceased Saima was my real sister. Accused Imran was her husband. They were to residing in adjacent to our flat. Their marriage took place about 8 years prior to the date of incident of murder. The relation between the Spouse has become strained due to another girl namely Erum from the very start of the marriage. His behavior had become harsh and cruel towards my sister Saima. Before the incident the accused Imran had also issued threat of murder to my sister Saima. My another sister also moved application to the police station concerned for his cruel some behavior towards my sister Saima. I produced the photocopy of such application as Ex-26-A duly received by police station. On 20.12. 2008 a quarrel had taken place between Saima and Imran and Imran forced to Saima to obtained Khula from him as he intend to marry with Erum in case of divorce he had to give the dower (Mehar) amount to Saima. On hearing the commotion my mother went to the flat of Saima at about 3.00 a.m (night), and after sometime returned back. Thereafter 4.00 a.m.(night) Saima came to our flat and complaint about the quarrel with Imran, but my mother advised her to go to her flat and matter will be seen in the morning. In the morning at about 5.45 a.m. chowkidar of the building knocked the door and informed us that some lady fallen down from the upper floor. Upon which I and my mother went downstairs and saw the saima was lying on the road in serious condition. On our query she very slowly and difficulty uttered the words as “Imran Dhakka” Mean while chowkidar had brought a vehicle. In the meanwhile I informed the police on phone as well as to my elder sister. Who also came at the spot and we shifted Saima to hospital. My elder brother had also reached to the hospital and leaving him there we return back to our flat, where police is already available. I and police knocked the door of the Imran but he did not open the same. In the meantime my elder brother also came there and informed that Saima had expired. Imran came out of his flat and he was arrested by the police in my presence. Police prepared such mashirama of arrest which I acted as mashir. Then we went to hospital alongwith the police. Police inspected the dead body of the deceased and prepared such mashirnama so also inquest report to which I acted as mashir. Therefore we shifted the body to Hospital for Post-mortem and after the post-mortem the dead body was handed over to my brother in my presence. Statement of my mother was also recorded

FIR
That my daughter saima was married with Imran about 8 years. My daughter has no child. Often there were quarrels between my daughter and her husband. Today on 20.12.2008 at about 3 O clock in the night I went to my daughter flat in my neighbor and found that my daughter and her husband were quarreling. He was uttering that he would leave her and will get marry to Erum and if she further tease him he would push her down the flat. Then I went to my house. At about 4.30 my daughter came to me and told that her husband Imran has administered her some thing in water or tea, thereafter she needs sleeps hence I asked my daughter to go to her house and sleep then she went away. At 6 O’clock in the watchman knocked the door . I opened the door and watchman told me that a women has fell down and found that she was my daughter Saima. My daughter disclosed that Imran pushed her down. Peoples come around from their shops Milkman give the water to my daughter .and Then I took my daughter to Hospital but my daughter expired on the way. She than brought dead body of her daughter for Post-mortem. She alleged that her son in law killed her daughter by pushing her from 4th floor.

About three years priors to the incident an application was moved by the sister of deceased to police station
POST MORTERM:
The medical officer who conducted autopsy of the dead body of the deceased and found following injuries on person of deceased Saima on external Examination.
Female 33 years old. She was heavy built looking 5.6 feet height the body was fresh. Her rigor mortis are developing. Her features extent were identified. There was no sign of decomposition. Postmorterm lividity was present over back of the chest and trunk was not fixed. Her tung was inside the mouth. Pupils fixed dilated. There was no sign of oozing of blood or secretion from mouth, nose and ear. Surface wounds and injuries.
1- Her face was slightly cyanosed, nails and lips were also cyanosed.
2- Scratches on Arms and hands.
3- There was clinical fracture of right lower part of the forearm near wrist joint.
4- There were abrasion over front of the chest.
5- Bruse over left forearm ventral aspect.
6- Both hips are bruse size 10 x 7 left hip and 12 x 8 right.
7- Both Post aspects of both legs were brused.
On internal Examination the medical officer found the following:
Head : There was no visible injury over skull all skull on percussion all skull bones found intact.
Neck : Exploration reveals no visible mark of injury over neck. Skin subcutaneous and under line vascular. Muscular in structure intact. Hyoid bone thyroid cartilage and tracheal ring intact. Cartilage and tracheal ring intact. Cervical vertibornal found intact.
Time between injuries and death was instantaneous.
Time between death and post-mortem 4 to 6 hours.
The medical officer opined that the cause of death as acute hambragic shot and injury to the vital organ i.e. both lungs leading to cardio respiratory failure as result fall from fourth floor flat alleged.
THROAX: Examination exploration reveals collection of blood mixed with clots in the chest cavity. Both lungs were collapsed. Due to fracture of multiple of ribs of right side thoraz viz. fracture of upper part of sternum. Heard was normal in size and shape.
ABDOMEN: There was no collection of blood of fluid in the cavity and all structure were intact but pale.
SPINAL CORD: Intact

Anonymous   27 November 2009 at 00:03

Income tax

Sir,

We want to sublet part of our property. For that we have to pay subletting charges to midc, can we deduct this charges while computing income from house property.

I also want to know that from his propery we are doing business and brokerage paid for renting of part property can be deducted from business income or from income from house property.

Can u advice and give any case reference.

Anonymous   26 November 2009 at 23:59

sureity

Someone had given me a blank signed Stamp paper as sureity against a loan that I had extended. I want to check if this holds any strength if I need to initiate legal proceedings to recover my loan. Thanks

Anonymous   26 November 2009 at 22:58

service matter

Sub. Work relating to construction of cargo berth.
Dy. Chairman & CVO x port trust vide his letter dated --/07/08 had referred to the commission a case relating to the initiation of major penalty proceedings against the 5 officials.
Mr. A
Mr. B
Mr. C
Mr. D
Mr. E
The case was initiated on the basis of the observations of CAG on the work of construction of the cargo berth @ the cost of Rs. 40.98 Crore. The CAG has observed that the port Trust erroneously computed the amount of compensation for delay, thereby causing an undue benefit to the tune of Rs. 1.90 crore to the contractor. The commission, after perusing the report had observed that the commission’s 1st stage advice had not been obtained in this case. The commission, vide its O.M. of even no dated --/08/08 advised port trust to clarify the reasons for not obtaining the 1st stage advice and to expedite the inquiries and finalize the proceedings without delay. Port trust has furnished its reply, vide letter dated--/02/09
The commission has perused the report of port trust and has observed that there was a clear vigilance angle to the case and then chairman & FA&CAO had erred in not referring the case to the port trust Vigilance of the CVC. Now, the case as a composite case and furnish the complete proposals in respect of all officials for commission’s 2nd stage advice, as per the guidelines contained in the commission’s circulars no. -- dated -/-/06 and no. … , dated --/---08
The commission has also conveyed its displeasure to Sh. X the then chairman, port trust, since repatriated to his parent cadre, and Sh. Y the then FA & CAO. Port trust presently working in another port trust, for the failure to refer the case, having a clear vigilance angle, for the 1st stage advice of the commission, even through the official involved were covered under its jurisdiction..
Action taken by the Dept. may be intimated to the commission without undue delay.
my friend is Mr. Y will he can save him from any action taken by his dept.

Anonymous   26 November 2009 at 22:40

divorce

sir
as i got divorce notice kindly let me know as 498a is already going on,pl let me know what will happen if i don't go to divorce proceedings?

Anonymous   26 November 2009 at 22:12

VERY URGENT

RESPECTED SIR,
AS UNFORTUNATELY MY WIFE FILED 498A 406 & 34 IPC,WITH THE HELP OF POLICE OFFICIALS AT WOMEN CELL DELHI,AND NOW SHE HAS FILLED THE DIVORCE AT FAST TRACK COURT.

MY QUERY IS THAT WHAT SHOULD I DO
DO I NEED TO FIGHT 498A FIRST OR DIVORCE CASE
PLEASE GIVE ME SINCERE OPINION.

S. SAILAKSHMI   26 November 2009 at 22:07

Transfer of ownership between 2 heirs who were in dispute

My father had a flat at Anna Nagar. Three years before he had expired (No will has been written by him). I and my sister were only the legal heirs. I was living with my father along with my family (My husband and two small kids). TNEB bill, BSNL bill, etc were in the name of my father. My sister settled in Mysore after her marriage. She had one daughter. Till my father's death i myself take care of him (as he was a cancer patient). After my father's death, i and my sister thought of sharing the property equally. Though my sister is not willing to settle soon. Till now i am living in that house only. The TNEB bill, BSNL bill, Gas connection etc were in my father's name. At present my sister is not in a position to settle. What should i do to transfer atleast the EB bill, BSNL connection, Gas connection etc as they were a needy one. Can i keep it in my father's name itself till we were settling the dispute? Is it correct. Till now we were paying everything in my father's name only. Now due to frequent power cut, we were in need to change the EB supply to Three phase. The EB persons were requesting the name transfer. Is it possible for me to get the Name transfer without my sister's support. kindly clarify.

vargees amal raja   26 November 2009 at 21:33

auction

what is "as is where is condition"?
Is there any decided cases challenging this condition or favoring the condition?

Is this condition valid?