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Anonymous   30 May 2010 at 14:11

three times 498a even after HC stay ?

Married way back 13 years ago
1) 498a in 2005 , but not tried in court
2) 498a attempted again 2006 ,pending in ps
3) DV in 2008
4) DV Compromised based on HC stay for above 1,2,3
5) 498a again in different PS on third week May this year.

Current Status Under Investigation
Charge Sheet Date NIL
Reason For Clues

What does it mean
a) Are they goin to try in court
b) Is FIR submitted in court
c) No Arrest so far, are they goin to do?
d) Is this crime booked if no, can it be withdrawn in PS itself?
e) Or lastly do we need to go for AB

Expert Advise please !!

Goodboy.50   17 May 2010 at 20:50

Firearm Licensing Authorities are asking for NSC deposits

Opinion of learned experts of forum is needed. It has been experienced by a number of firearm license applicants, especially in states of Uttar Pradesh and Uttaranchal that the licensing authorities are verbally asking to purchase National Savings Certificates worth Rs 50,000 per firearm endorsement on license. Apart from NSC, they also ask for amount towards red cross etc. If one does not comply, then practically it becomes next to impossible to obtain firearm license, since licensing authorities have practically unlimited discretionary powers under Arms Act 1959 to deny, delay or cause various kinds of hardships. It appears they are exploiting the need of self defense of people and kind of blackmailing and forcing them to comply. In my opinion, at least they are trying to circumvent Indian Arms Act 1959
CHAPTER III - PROVISIONS RELATING TO LICENCES,
14. Refusal of licences
(2) The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property.
Are they trying to cleverly bypass this clause by asking to deposit money(movable property) after the grant of license? What is practical solution to this problem, since nowhere their "demand" is in writing?
Please read the following to get complete picture of the problem as experienced by people at the following: http://www.indiansforguns.com/viewtopic.php?f=4&t=9669&start=0 and http://indiansforguns.com/viewtopic.php?f=4&t=9434&start=0

Anonymous   12 May 2010 at 19:01

Defamation

Ajai Kumar Roy   12 May 2010 at 14:43

Superdarinama Draft

One thieft case after recovery of thieft article MM Court announced open court required superdari nama. Please send me standared superdarinama draft.
Thanks
A.K.Roy

Dr.Gaurang N. Gandhi   08 May 2010 at 22:01

NI Act 138

my client is a transport owner.

some person had stoled one truck with loaded goods total worth Rs.11,32,000/-

He was arrested by Police. then after one of his friend had given a cheque worth rs 7,00,000/- regarding surety against the said theft. after passing of time the transporter had deposited the said cheque in bank.

the cheque was bounced with insufficient balance.

can we proceed under NI Act?

We have already issued a statutory notice to the guarantor....

what should be next?

Apurva Kumar   08 May 2010 at 17:17

complete judgement!!!

Anybody having full text or soft copy of Kasab judement which was recently pronounced!!!!!!

vinod bansal   07 May 2010 at 23:39

Law in Haryana regarding cow slaughtring

R/Members
kindly enlighten me regarding law/provisions for prohibition of cow slaughtering in Haryana and what is provision regarding prohibition of slaughtering on the day of Mahavir jayanti in Hasryana. Thanx

Krishna R Bhat   26 April 2010 at 15:43

Revival of long pending prosecution cases

There are some prosecution cases launched long back i.e. more than 15-20 years old. The cases have been trnsferred to Long Pending Register long back since the accused are not traceble. In this circustance, whether the SPP who is dealing with these cases can revive the cases by giving applications to the Court and requesting to issue W/A even in the absence of relevant requisition for the same?. Please clarify.

Mr Sreejit   24 April 2010 at 19:53

RTI MOCKERY

RTI APPLN TO KOLKATA POLICE FEB 03 2010
AND
ANOTHER APPLN TO HIM DTED MAR 03 2010
WERE MERGED MINGLED TANGLED AND THE REPLY WAS RECD ON MAR 18 2010 WITH AN 'ESSAY' TYPE AND PARAGRAPH TYPE 'WRITE-UPS' WHERE THE INFORMATION I REQUIRED IS A PHOTOCOPY OF THE ORIGINAL RECORD, ALSO THE INFO. GIVEN IN THIS FORM IS IRRELEVANT, UNREAL, FABRICATED AND INCOMPLETE.

I APPLIED TO THE APPELLATE AUTHORITY AND WHILE WAITING FOR THE REPLY ASO APPLIED TO THE COMMISSIIONER STATING THE WILFUL DELAY CAUSED IN REPLY AND IRRELEVANT REPLY SENT TO ME AFTER THE LAPSE OF 30 DAYS.

EVEN THIS DOES NOT EVOKE ANY REACTION EVEN AFTER LAPSE OF 14 DAYS FROM THE DATE OF MY APPLN TO COMMISSIONER.

SHOULD I STILL WAIT WITH PATIENCE OR FILE IT TO CIC OR CAN I GO TO NATIONAL HUMAN RIGHTS COMMISSION, BECAUSE WBHRC IS A FAILURE TO THE RTI I SENT TO THEM WHICH IS ALSO NEARLY 2 MONTHS OLD.

ALL MY HOPE IN STATE ADMINISTRATION AND ADMINISTRATION OF JUDICIARY IS GONE.

CAN I APPLY TO UN OR ANY INTERNATIONAL FORUM FOR JUSTICE .

AFTERALL JUSTICE HAVE NO BOUNDS.

WHATSAPP 91-8075113965   04 April 2010 at 10:35

NDPS ACT

I am appearing for the accused in a narcotic case and it is posted for final hearing.
Facts of the case is as follows :
Please guide me .
Offence u/s 20 (b) NDPS ACT.
ALLEGATION :-
Accused was found carrying 36 gms of ganja, in a plastic carry bag and he was arrested in a public place, on a casual search by the excice officials. ( no prior information).
Prosecution has examined 5 witnesses, and marked 6 documents.
Pw1 and pw4 - arresting officers
Pw2 and pw3- independent witnesses, ( not supported prosecution story ) but they were cross-examined by the prosecutor, without declaring hostile. is it permissible ?
Pw5 – investigation officer
Documents :-
P1 – seizure mahassr
P2 –arrest memo
P3-consent letter u/s 50 ndps by accused , to be searched by the arresting officers themselves( stating that there is no need of magistrate or gazette officers)
P4-occurance rport
P5-property list
P6-chemical analysis report
P7-inspection memo
M.O WAS NOT PRODUCED BEFORE THE COURT, NOR MARKED.
BUT, THE PROPERTY LIST SHOWS THAT IT WAS SENT TO THE COURT, AND THE COURT HAS RECEIVED IT ON THE SAME DAY…..WHETHER ACCUSED IS ENTITLED TO THE BENEFIT IN THIS REGARD ?
Grounds, I believe worth noting are :-
NO M.O WAS MARKED
INDEPENDENT WITNESSES ARE NOT OF THE LOCALITY
INDEPENDENT WITNESSES, NOT SUPPORTED THE PROSECUTION STORY
NO ENDORCEMENT IN THE ARREST MEMO , THAT ARREST OF THE ACCUSED WAS INFORMED TO HIS RELATIVES, BUT IT IS THERE IN THE P7 INSPECTION MEMO
PW 1 AND 4 SAYS THAT THERE IS NO COLUMN IN P2 FOR THAT. THAT’S WHY A SPECIAL P7 WAS PREPARED. BUT, AS PER DK BASU V/S UNION OF INDIA, IS IT NOT MANDATORY, TO INCLUDE IT , IN THE ARREST MEMO , ITSELF ?
NO REPORT U/S 57 IS MARKED. BUT SIMPLY STATED IN THE MAHASSAR THAT AFTER COMPLYING SEC 57, PROPERTY AND MAHASSAR WERE SENT TO COURT. IS IT SUFFICIENT ?
NO FOREWARDING NOTE WAS MARKED.BUT, ANALYST REPORT IS MARKED . IS IT SUFFICIENT ?
I am told that in NDPS CASES, there a lot of citations that before conducting search of an accused. The arresting officers has to offer their personal search to the accused, to avoid implanting of contraband articles.please give me any one of such citations .
Accused has signed in p3 consent letter. But, but p2 arrest memo bears accused “s thumb impression , not signature ! its legal consequence ?
Is sec 50 mandatory in cases or consent letter from accused , while in custody is sufficient ?
Ref : 2002(2)KLT 211 (SC)
PLEASE GIVE MAXIMUM CITATIONS FOR THE ABOVE GROUNDS .
RESPECTFULLY,
SD/-
SALILKUMAR.P
ADVOCATE
THALASSERY
09447536929
advocatesalil@gmail.com