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

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Vikrant Desai   23 April 2014 at 23:41

406 non-dowry case

Sir/Madam,
The case against me is as follows -
The complainant is a jeweller and I knew him as a friend and customer. He claims that he had a necklace worth Rs 2 lac made for his wife. When I visited him one day, he showed the necklace to me. I said that I like it and would show it to my wife. Once I took it away, he claims that I left town and did not return the necklace. He says that this is why he has filed a complaint u/s 406. I was arrested and released by court on bail. The necklace was recovered from my brother-in-law.
My story is as follows -
I knew the jeweller and used to frequent his home periodically. He is the president of the local jeweller's association and a known moneylender. In fact, I had ordered many pieces of jewellery from him in the past and also ordered this particular necklace. I took delivery of the necklace but told him that I will pay him in a few days as I was going thru a cash crunch. After a few days I went on a pilgrimage to haridwar and vaishno devi. He deals with the police everyday as he is president of association and he helps jewellers who buy stolen gold. He apparently found my house locked and thought I had run away. The police arrested me in bhatinda in Punjab where I was attending satsang and brought me back to solapur. I immediately returned the necklace to him. He claims that he has spent Rs 2 lacs on travelling and bribes to police so he wants that amount too. I say that this was a simple credit transaction and he took it to the police so I will not pay for his expenses. Now the case is ready for hearing.
My lawyer suggests -
1. That mere possession of property is not criminal breach of trust.
2. That it is not easy to beleive that the complainant will just entrust such a valuable necklace to someone he knew only for about 6 months.
Please suggest any strategy that comes to your mind. I will appreciate it greatly. Please also ask any questions that you may have.
Thanks
Vikrant Desai
+91 8483 935 666

Neeraj Kaushal   23 April 2014 at 23:06

domestic violence act

Is there any provision in protection of women from domestic violence act to restrain husband fron transfer his immovable property prior noitice to husband just like exparte stay order in civil suit if any help with citations

basavaraj shiromani   23 April 2014 at 21:16

Sec 35 of the specific relief act

A Muslim lady gifted her all the proprety in favour of B. Subsequenly after her death, her relatives challanged the gift deed by filing a suit and got decreed the sut exprte as B did not tried to appear before the court. now the children of B filed a suit for declaration that the decree is not bindign upon them.

my question is during the life time of B, his children have a right sue against the said decree ? B is not challanged it. whether it attracts sec 35 of sra

Daljit Singh Mann   23 April 2014 at 20:46

Section 79 of cpc

Respected Advocates,
In a civil suit filed by a Government employee, The State was not been joined as party at the time of filing the suit but now, after the evidence and cross examination of both the parties when the suit is fixed for argument by the Hon'ble court, Ld. counsel for the plaintiff (Government employee) filed an aplication under order 1 rule 10 of CPC along with amended plaint impleading the State as party. My question is whether application under order 1 rule 10 of CPC is maintainable at this stage. Please suggest me any case law.
Thanks

Mustafa Bhat   23 April 2014 at 19:56

498a & 406

Sir,
What difference between Statement under crpc 161 & 202.

VANGARI GANGA RAJAM   23 April 2014 at 18:04

Is a lawyer's office is treated as commercial place

sirs

i would like to know whether a Lawyer's office is a commercial place ?

because in our area, the Electricity board is charging the Lawyer's office electricity consumption under commercial category treating as a commercial place.

please give your suggestions regarding this. Is there any relaxations or exemptions relating to this to a Lawyer's office ?

shailesh pandey   23 April 2014 at 18:03

Notice period of appointment letter for staff

Dear Sir,
kindly advice regarding notice period if there is three months mentioned in the appointment letter of staff & he is confirmed Should we can issue another letter as your notice period after confirmation will be for one month Instead of three months. It will be legal
regards
shailesh pandey

Ankur Srivastava   23 April 2014 at 17:51

Threatening calls by idea cellular ltd.

Dear Gentlemen,

I want to file a Writ petition in High Court against the threatening calls by Recovery Agency hired by Idea Cellular Ltd. In my case there was dispute of a very small amount for which I had already communicated to the top most management level of Idea Cellular Ltd. including even Mr. Himanshu Kapania (M.D.-Idea Cellular). I never defaulted any payment, however held the payment because of negligence of Idea Cellular Ltd. after informing them in writing and after some time the company started threatening my wife and other female family members. I called the and emailed Idea cellular Ltd. that there is some mistake, I have held the payment till the time you resolve my problem, I have even communicated them in writing (email) and technically I am not a defaulter so my name and details should not be given to recovery agency. I even said if you consider me a defaulter, talk to me directly, I am not absconding, I have been in regular touch with them but they didn't stopped. They kept threatening my relatives and wife. When I filed a FIR with Indirapuram P.S., Ghaziabad, they started apologizing me. Again after a couple of weeks they started the same. As per my last communication with Idea co. it was mutually decided that Idea should apologize formally to all the family members who has been harassed by them and I donot my paying the amount and settling the accounts with Idea. I don't know whether they apologized to all the concerned people formally or not, but my friend in Delhi, Mr. Rajeev Pratap Singh received a indecent call today inquiring about me and the amount due with Idea cellular Ltd. and when I came to know this I called Mr. Deepak Jha, an employee of Idea, whose team was in regular conversation with me over the issue told me that I have not made the payment and hence they reserve right to threaten or abuse any of my friend or relative. I even tried to tell him that since I had no confirmation that they have apologized to concerned people, I am in an impression that the apology emails/calls are still in process and hence I didn't made the payment, but he reciprocated that, now do what ever you want to do, we won't stop making such calls. Please advise what to do now.
It will be great help to me. Since I belong to very respected family, even my father was also a Public Prosecutor in Lucknow High Court, I am very much mentally disturbed with all this going on with me.

Regards,
Ankur Srivastava
+91-8587822249

Kalyan Ghosh   23 April 2014 at 17:48

498a

I am an old man.My friend and his wife(both senior citizens)live in a city different from a city where my friend's son(36 years)lives with the daughter in law(30 years,non working,housewife).The young couple has been happily married for last 9 years.My friend is economically very stable and does not require any help from his son.Now a problem has cropped up.Due to ill health my friend and his wife has gone to their son's place since last 2 months for health check up,so that the son can look after them .After necessary check up they will return to their original place .But the daughter in law is very adamant and expressed that she cannot allow the in law's presence.Although my friend's wife is ill they hurriedly came back to their original city with the APPREHENSION that the daughter in law may resort to 498A /Domestic Violence cases .My question is although their was no complain from the girl during their 9 years of married life whether all on a sudden the girl can resort to 498A etc,ALTHOUGH the laws are mostly feminine friendly.Please help with an answer

hetalsangoi   23 April 2014 at 17:44

Huf and dughter of co-parncers and son of the daughter

Dear Sir,

my father has a his own huf. huf is consist of my mother and 1 brother and two daughter .
i am the one daughter of my father and i have a son who is major .
can my son has a right in the share of the Huf property .?
pl guide me .