LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

AVINASH SINGH   12 May 2009 at 17:28

JUDICIAL SERVICES ERXAMINATION

I HAVE DONE CS AND LL.B AND I WANT TO APPEAR FOR JUDICIAL SERVICE OR LAW OFFICER EXAMINATION. BUT I WANT TO KNOW WHETHER REGISTRATION WITH BAR COUNCIL IS ESSENTIAL FOR APPEARING IN THESE EXAM . KINDLY ANSWER IN DETAIL

h wahi   12 May 2009 at 16:00

disowning

my father has a house in his name i am living there with my wife and 4 years daughter from last 10 years
now my father disowned me from the property and throwing us out from the house
in past we have ancestral property which my father sold and made this house at his name
i can do anything 2 save my self or not
or i have to leave the house as he disowned me and my family

Abdul Ravoof   12 May 2009 at 15:25

MOTHER'S RIGHTS OVER SONS PROPERTY

A muslim men died leaving his mother, wife and children ( male & female) . According Islamic sharia law, the mother is entitled 1/6th of son’s estate. Now how this mother can secure her entitlement because her son’s wife ( daughter in law) and associates are trying to neglect or keep away the mother’s rights. Is there any way through court or legally the mother can charge her 1/6th entitlement? Kindly reply.

Sandeep Budhimania   12 May 2009 at 12:59

Information about 138 NIA !!

Dear Sir,
My name is Sandeep, i have a case of 138 NIA running on me. It's not actually check bouncing it's "Stop Payment" case. Two months back my opponent asked for the cheque which was stopped by us due to some reasons. We submitted the Draft of RS.3,50,000/- in the court. But, he never turned up for the draft.Court also directed his lawyer & him to present before the court.It's already 2 months of submission of draft. But there's no clue of him.
I would like to know what actually he could do more out of it. Would that be any more harm for me or how much harm can he do to me Legally. I never had any intentions of stop payment.Please advice me with your expert guidance. Thanks

A.Mohamed Thaheer   12 May 2009 at 10:26

cognizance of the offence in the absence of a valid sanction


Please clarify the following:


FIR filed on 28-09-2004

Sanction for prosecution was issued on 18-07-2007

Investigation completed by the police officer only on 07-05-2008, i.e nearly 11 months before completion of the investigation

Final report filed in the court on 26-06-2008

summoned on 05-07-2008

Appeared on the court as ordered by the court.

The Special Judge has got the power to deal this case under the prevention of corruption act, 1988 was issued by the Governor only on 11-01-2009.

In the above circumstance, the cognizance offence taken by the Special Judge and the initation of the process of the court under the criminal procedure code is legally valid?

The important point is that the sanction for prosecution under section 19 of the Prevention of Corruption Act, 1988 should be obtained ONLY AFTER COMPLETION OF INVESTIGATION BY THE POLICE OFFICERS AND PLACING ALL THE MATERIALS BEFORE THE SANCTIONING AUTHORITY FOR PERUSAL OF DOCUMENTS AND APPLICATION OF MIND TO HAVE KNOWLEDGE WHETHER PRIMAFACI CASE IS MADE OUT AND WHETHER IT IS NECESSARY FOR ISSUE OF SANCTION FOR PROSECUTION.

PLEASE QUOTE THE RELEVANT CITATION OF SUPREME COURT CASE LAW IN FAVOR OF THE ACCUSED.

A.Mohamed Thaheer   12 May 2009 at 10:23

cognizance of the offence in the absence of a valid sanction


Please clarify the following:


FIR filed on 28-09-2004

Sanction for prosecution was issued on 18-07-2007

Investigation completed by the police officer only on 07-05-2008, i.e nearly 11 months before completion of the investigation

Final report filed in the court on 26-06-2008

summoned on 05-07-2008

Appeared on the court as ordered by the court.

The Special Judge has got the power to deal this case under the prevention of corruption act, 1988 was issued by the Governor only on 11-01-2009.

In the above circumstance, the cognizance offence taken by the Special Judge and the initation of the process of the court under the criminal procedure code is legally valid?

The important point is that the sanction for prosecution under section 19 of the Prevention of Corruption Act, 1988 should be obtained ONLY AFTER COMPLETION OF INVESTIGATION BY THE POLICE OFFICERS AND PLACING ALL THE MATERIALS BEFORE THE SANCTIONING AUTHORITY FOR PERUSAL OF DOCUMENTS AND APPLICATION OF MIND TO HAVE KNOWLEDGE WHETHER PRIMAFACI CASE IS MADE OUT AND WHETHER IT IS NECESSARY FOR ISSUE OF SANCTION FOR PROSECUTION.

PLEASE QUOTE THE RELEVANT CITATION OF SUPREME COURT CASE LAW IN FAVOR OF THE ACCUSED.

A.Mohamed Thaheer   12 May 2009 at 10:22

cognizance of the offence in the absence of a valid sanction


Please clarify the following:


FIR filed on 28-09-2004

Sanction for prosecution was issued on 18-07-2007

Investigation completed by the police officer only on 07-05-2008, i.e nearly 11 months before completion of the investigation

Final report filed in the court on 26-06-2008

summoned on 05-07-2008

Appeared on the court as ordered by the court.

The Special Judge has got the power to deal this case under the prevention of corruption act, 1988 was issued by the Governor only on 11-01-2009.

In the above circumstance, the cognizance offence taken by the Special Judge and the initation of the process of the court under the criminal procedure code is legally valid?

The important point is that the sanction for prosecution under section 19 of the Prevention of Corruption Act, 1988 should be obtained ONLY AFTER COMPLETION OF INVESTIGATION BY THE POLICE OFFICERS AND PLACING ALL THE MATERIALS BEFORE THE SANCTIONING AUTHORITY FOR PERUSAL OF DOCUMENTS AND APPLICATION OF MIND TO HAVE KNOWLEDGE WHETHER PRIMAFACI CASE IS MADE OUT AND WHETHER IT IS NECESSARY FOR ISSUE OF SANCTION FOR PROSECUTION.

PLEASE QUOTE THE RELEVANT CITATION OF SUPREME COURT CASE LAW IN FAVOR OF THE ACCUSED.

Dev   11 May 2009 at 22:58

Credit card - Bank's Mistake.

Hi
I need some expert help here.
I had a credit card - standard chartered which I was using since last january- 2008. I relocted to new city and was not happy with the services of bank so sent a mail to customer care saying - some incorrect charges in bill and last line saying
"Please take this mail as a closure of services with YOUR bank as I am not liable for any charges to my account."
After that mail I didnt recieve any email statemant nor the hard copy for the card since January 2009. So , I assumed my credit card is closed and I didn’t notice where my card is. This month bank has sent me statement showing abill of 15000 on my card. I talked to customer care that my card is no longer active they are not agreeing to this point and are asking me to pay the amount or I will be a defaulter same will be updated in RBI credit ratings and will not be able to apply for a loan in future.
I don’t want to get involved in any police cases ,fIRs and all. Please advice.

Member (Account Deleted)   11 May 2009 at 22:29

Prohibited Degree of relationship

one male hindu person wants to marry his cousin (dauhgter of mother's sister).
There is no custom prevailing in this case.
1. Now if they marry what shall be legal consequence?
2. What shall be status of their children?
3. Can they subsequently register the marriage?
4. Can a third person bring a suit against them under section 18 of Hindu Marriage Act?
5. Any case law on similar fact?

HARSHA KUMARI   11 May 2009 at 21:26

EVIDENCE ACT

what is addmission