guidance in a case

Jayasthan is a state in the Indian Union. Raj Prakash is the Chief Minister of the state. Mrs. Vandana Verma is a member of the Jayasthan Legislative Assembly. Though Mrs. Vandana Verma is member of the ruling party, she is a strong critic of the ruling party.


In April 2002 the state witnessed large scale communal riot. According to the news paper reports the riot was the result of a planned scheme implemented under the leadership of a religious fundamentalist group known as ‘Black Tigers’. Certain newspapers published the allegation that the Government had ignored the police intelligence reports about the illegal activities of ‘Black Tigers’, submitted in January 2002. The Opposition parties strongly criticized the inaction of the Government in preventing the riot and demanded the resignation of the Chief Minister.


On 8-9-2002 Vandana Verma informed the media persons that she had collected clear evidence regarding the failure of the State Government in performing the constitutional duty of maintenance of law and order. On 9-9-2002 while participating in a discussion in the Legislative Assembly Mrs. Vandana Verma quoted a report submitted by the Inspector General of Police (Intelligence) to the Chief Secretary of the State on 16-1-2002. In the report it was stated that the fundamentalist group ‘Black Tigers’ had chalked out a plan for promoting enmity and hatred between different religious groups in the State. It was suggested that the activities of nearly 200 black listed persons should be closely watched. The name and address and other details were included in the report. The names of two ruling party M.L.A' s were included in the black list. Two ruling party M.L.A s Mr. Sham Manohar and Mr. Jit Kumar strongly denied the allegation against them and alleged that the report of the Inspector General (Intelligence) was not genuine. According to them report was a document fabricated by Mrs. Vandana Verma. However, the Chief Minister confirmerd the genuineness of the report.


After the discussion Vandana Verma left the Legislative Assembly Complex and proceeded towards the Legislator's Hostel in a car. However, on the way the police stopped her car and she was arrested by the Deputy Commissioner of Police.


On 9-9-2002 Vandana Verma was produced before the First Class Judicial Magistrate and an F.I.R. was filed stating that she was accused of offence under Section 5 of Official Secrets Act.


During police investigation no evidence was received other than the fact that Mrs. Vandana Verma has received an intelligence report, which was a secret document. However on, 12-11-2002 police forwarded the final report and the charge was framed against her, for the commission of offence under Section 5 (2) of the Official Secret Act 1923.


On 20-11-2002 Vandana Verma filed a petition before the High Court of Jayasthan for quashing the Final Report of Police and thus charges against her, excercising the powers of the High Court under Section 482 of the Code of Criminal Procedure. The petitioner contended that the criminal case against her was politically motivated. It was further contended that since she had the privileges under Art. 194 (2) of the Constitution, no action could be taken against her.


One the same day a writ petition was filed by Vandana Verma challenging the constitutional validity of Section 5 of the Official Secrets Act 1923 on the ground that the provision is against the basic concepts of democracy including "Rule of Law", "Open Government", "Freedom of Information" and "Freedom of Press". It was specially contended that Section 5 violates Art 14, Art 19 (1) (a) and Art 21 of the Constitution.


The single Judges referred the petition to the Chief Justice stating that the issues involved in the petitions may be decided by a larger bench. On 29-11-2002 Chief Justice constituted a Full Bench for the adjudication of the petitions filed by Mrs. Vandana Verma on 20-11-2002.

what points can be

defamation

Ms Roma V. Oriental Television Inc

Dotted with a plethora of small hills covered by thick forests, the district of Phoolwadi attracts tourists from distant places. It provides thrilling scenic beauty and being away from the bustle of modern life, is ideal for holidaying. Small lodges and motels have come up; though restful and comfortable, they are very isolated. Some of these dwellings are deep inside the thick forests. The location and the resulting influx of tourists regularly to Phoolwadi have come as a boon to the professional dacoit Kalikaran. The tourists are easy targets for his typical and daring operations. Kalikarna shot into the lime light when he held Ms Roma, who was recently decorated with the 'Charming Bride India' title at a national beauty contest, captive in suite no. 3 of Triveni Cottages. He was holded up in the cottage along with the hostage. The high drama ended in an operation by the National Commandos at the end of seven days which led to the arrest of Kalikaran. One of the Commandos, who was shot at by Kalikaran, succumbed to his injuries. Kalikaran was convicted and sentenced to death. The death sentence was confirmed by Higher Courts and his mercy petition was rejected.


Being alone in the prison and awaiting death, Kalikarana recounted the 'hostage drama'. He wrote a book giving a detailed account of those seven days, Kalikaran also disclosed how Miss. Roma, during the period of captivity, was drawn towards him and developed a 'fatal attraction'.


A leading television channel, Oriental Television Inc. (OTV) approached Kalikaran for his consent to shoot a serial based on the book. Kalikaran agreed to the request and accordingly after his execution, a popular serial titled "The Bride and the Beast" was shot with look alikes. The serial became a hit particularly among the teenagers.


Aggrieved by the public disclosure, Miss Roma filed a suit against OTV claiming compensation and damages.


what points can be raised in favour of plaintiff
and in favour of defandant

Section 138 NI Act

Summons is issued aganist me to appear before the Magistrate court for the offence under Section 138 NI Act, do i have to take bail????

cheques acquired with out the consent of drawer

Ossification Test

Under what circumstances the magistrate can order for the ossification test of the accused to ascertain the age of the accused.

Fraud, cheating in an agreement

My mother wanted to buy a portion of a private building in shimla as a flat. The property dealer & the owner of the flat gave a lot of pressure that if u want to buy this flat give some token money at earliest otherwise we will sell this flat to someone else. As a result my mother gave just Rs10000 as a token money or biyana and entered into a written agreement. This token money amount was also entered into written agreement on 19\05\09. NOTE-the total cost of flat was Rs10lakh but only 6lakhs was enter into a written agreement & was suppose to be entered in registry in future. Rs 4 lakh was agreed orally and was suppose to be given under the table in future.

According to written agreement in case we fail to give 6lakh amount by 19\06\09. We were suppose to give Rs20000 and in they fail i.e. they decide to sell it to someone else they were suppose to give Rs20000 to us. The agreement also states that the flat is free from any litigation & mortgage.

The owner of the building is a grandfather and his name is mentioned in agreement, however in agreement where his name is written and where this grandfather was suppose to sign his grandson who is 26 years old signed and received 10000 from us. (Note- I think that his grandson have no attorney power to receive money.)

However after a week we came to know that that this entire building is under mortgage and the registry of the building is hold by the bank. On this his grandson told us that there is no need to panic & that he would get NOC from the bank & further told us to brought 10 lakhs and that its his headache and somehow he will get our flat registered.

However our stand is that whether he can manage to transfer the flat on our name or not whether he can get NOC or not the issue. The issue is his grandfather & the property dealer should have told us earlier, which they did not and also he signed an agreement which says that the flat is free from mortage.

Therefore we are no more interested in buying of the flat (as the agreement was violated from other side.) & we just want our Rs10000 back.

This guy is very clever instead of saying no directly he kept on telling my mother that I will give you money with in 4 on 5 days & somehow managed to stretch it to10\june\09.

Then my mother went to police station to file a complaint. There in police station also he did his earlier drama and this guy said that he is ready to transfer the flat on our name & he will manage to get NOC & registry the flat on our name in case we present Rs10Lakh however our stand in police station was that it is an issue of fraud & cheating & we don’t trust this guy, hence we want our money back.

Upto a certain degree police also was misguided by his drama and the police said that the agreement is valid up to 19\06\09 & we should came after 19\06\09 to lodge a complaint.

Thereafter on 15/6 we also send a notice of lawyer to him which he got on 17/6. Please advice what further action can be taken against him. Did he committed any crime and if yes then what cheating, fraud, not having power of attorney, misrepresentation of facts,etc.... and under which sections he can be booked.
Should we lodge a police complaint or a complaint in court directly? Civil or criminal case or both? His drama is of any legal value or not? Any other advice most welcomed. I know the amount is small but this guy is really troubling us a lot.

IPC section 451 & 452

Sir, please tell me What is the deference between IPC section 451 & 452. What is the ingredients are IPC section 451 & 452.

Advocate fee -

Sir,
I engaged a lawer to fight a 498a case .i paid 50% the total fee(cash).Now case has came to trial stage,my advocate rejected to fight the case and his suggesting to look for another lawer.Pls kindly help me out with sloution and suggest how to recover the fee.

Cyber crime by emails

My friend has received an sms which goes as
"Congratulations You have won 250000/- GBPounds in 2009 UK (Shell) INT .L Mobile Draws . To claim ur prize E-mail us via: shell.pcuk@live.com"
thereafter my friend fwded mail to the above said link.
Now they replied as below
"OMNI FREIGHT COURIER EXPRESS
LOGISTICS / AIR CARGO
T.S.A.- I.A.C. HEAD QUARTER
12-18 HIGHLINE LONDON ROAD
UNITED KINGDOM
Tel: +447010306223 Tell +447031849838 Sir / Madam, We aknowledge the
receipt of your mail regarding your parcel in our office. This mail is meant
to primarily inform you that your details have been forwarded to us from the
Secretary General of HALIFAX BANK PLC. Omni Freight is Regulated and
Stipulated by the Delivery Service Authority (DSA), we are the delivery
institutions that REGULATES all delievry activities for the Halifax Bank Plc.
Our Courier Service is a registered Organization which operates directly with
the Delivery International Authority Organization (D.I.A.O) . Please you are
required to read this mail below very carefully and strictly follow the
instructions therein.
Seems we have gone through your file and we understand that you are the owner
of the Demand Draft (250,000.00) Registered by Halifax Bank in our office to
be delivered to you,We will effect the safe and smoth delivery to you as soon
as we receive our payment from you.
(Your Order number is : UDF823IJU)

You are to make option from below list for your delivery, together with their
associated conditions are stated below: Kindly choose one of the delivery
option that you can afford and get back to us immediately to proceed for the
delivery. OPTION (1) Courier your Parcel to you Via any of this channels
listed below (24 Hours Delivery) Mailing 90 00.00 Insurance 150
00.00 Vat (12.5%) 20 00.00 TOTAL 260 00.00 Equivalent to 20,000 Indian
Currency. (48 Hours Delivery) Mailing &n bsp 75 00.00
Insurance 110 00.00 Vat (12.5%) 15 00.00 TOTAL 200 00.00 Equivalent to
15,500 Indian Currency. (72 Hours Delivery)
Mailing 46 00.00 Insurance 84 00.00 Vat (12.5%) 10 00.00 TOTAL 140 00.00
Equivalent to 11,000 Indian Currency. You are required to inform us about the
option you can afford and you can send the Money to us Via any of this means:
(1) *Western Union Money Transfer/Money Gram Transfer
(2) *You can deposit the fee in our local correspondent account in your
country.
Further details on payment will be Provided to you by our treasurer on
confirmation of your mode of payment. MODE OF DELIVERY. As soon as we
recieve the delivery fee your Parcel will be include in the out going delivery
by next day. Waiting to hear from you. REGARDS,
CUSTOMER SERVICES,"

It seems to me that the said company is trying to cheat him.

Whom should I ask him to contact.

No. of Cyber Crimes department if any and will they take cognizance?

Kiss - Offence?

What offence will attract if a man kisses a major woman without her consent?

What incase of a minor girl?