Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Bala   24 November 2018

Loc cancellation procedure - false 498a case

Hello Experts  

I am an NRI  . My wife opened a 498a and DVC against me and my famility memtbers in 2014  . Trial is still going on .  I recently visitted india and i was stopped at the immigration and then i attended court proceedings  , later on NBW was cancelled on my name  . But my lawyer did not apply for LOC cancellation along with NBW cancellation . 

If NBW is cancelled and LOC still valid if opponent party did not renew it yearly ?  And also i filed the RTI to know whether LOC is still in force or not  . When i visited india  immigration officer told me that get the court order to Cancel LOC otherwise  LOC will be  there at immigration forever even though its not in force  ..

Kindly adivce how to cancel  LOC  ?

My lawyer appealed in high court for the cancellation of LOC but judge asked for the LOC copy . I am struggling to get a copy of it  .  I filed RTI  .Can i get a copy via RTI ?  if not whats the procedure to cancel LOC  .

 

Thanks 

 

 

 

 

 



Learning

 3 Replies

Kumar Doab (FIN)     24 November 2018

LOC is confidential document.

You shall get some reply under RTI.

 

Similar queries have been discussed in many threass at LCI.

e.g;

LCI; Experts Section

Look out circular cancellation

GO thru; Ministry of Home Affairs circular Dt; 27-10-2010 on LOC The trial court, SP/DCP of jurisdictional police area/investigating agency could remove/cancel LOC.

 

 

The references etc, that you need and cancellation of LOC is the job of your own Lawyer, and your own lawyer could have, guided and helped you thoroughly. The cancellation of LOC is updated with; Bureau of Immigration. On your own you may also submit the certified copies of cancellation of LOC to IO/SP/DCP/BOI, under proper acknowledgment and keep certified copies with you.

Nodal Officer/ Commissioner/Dy. Director;

Bureau of Immigration Office Address:

East Block-VIII, Level-V, Sector-1, R.K. Puram, New Delhi-110066

Telephone No: 011-26102622(Telefax)

Until or unless the details of cancellation o are updated in records you may not be allowed to travel. So confirm before you travel.

 

Kumar Doab (FIN)     24 November 2018

 

There are various helpgroups that help e.g; Justice2nri, Maritaljustice etc etc

If you wish you can seek their support/help/guidance ..

GO thru; * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Reserve: July 15, 2010 Date of Order: August 11, 2010 W.P.(Crl.) No. 1315/2008 % 11.08.2010 SUMER SINGH SALKAN ... Petitioner Through: Ms. Malavika Rajkotia with Mr. Bandan Kumar, Advocates Versus ASSTT. DIRECTOR & ORS. ... Respondents

JUDGMENT 1. By the present petition the petitioner has sought recall of Look-outCircular (LOC) and Red Corner Notice (RCN) issued by Delhi Police and Interpol against the petitioner alleging that LOC and RCN were issued in arbitrary and malafide exercise of power by the respondent. 11; C. The person against whom LOC is issued must join investigation by appearing before I.O. or should surrender before the court concerned or should satisfy the court that LOC was wrongly issued against him. He may also approach the officer who ordered issuance of LOC & explain that LOC was wrongly issued against him. LOC can be withdrawn by the authority that issued and can also be rescinded by the trial court where case is pending or having jurisdiction over concerned police station on an application by the person concerned.

 

Delhi High Court Sumer Singh Salkan vs Ranjeet Narayan & Ors. on 1 February, 2016 Author: Mukta Gupta

 

Supreme Court of India Reema Salkan vs Sumer Singh Salkan on 25 September, 2018

 

Kumar Doab (FIN)     24 November 2018

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Criminal  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Criminal  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

 

LCI Expert Mr. Shonee Kapoor advicws on such matters.

If you wish you may get in  touch  with him and discuss to your satisfaction.

He also maintains well nourished blog.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register