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Arvind Singh Chauhan   26 March 2015 at 08:41

Help required from seniors-damage to public property act 1984

Sir,
Sec 3 of damages to public property act is bailable or non bailable ?


Please go through the news-
ITANAGAR, Feb 10: Claiming to have found various misleading, defamatory and malicious news items in the local dailies against him, Labour Commissioner Ojing Darung today clarified various allegations leveled against him by All Arunachal Pradesh Workers’ Union.
Darung said the report that he was arrested at the direction of the Gauhati High Court was not based on facts and truth.


Section 3 of PDPP Act 1984 is a bailable offence, said Darung while producing a copy of the Gauhati High Court judgment issued on April 20th, 2012 against his anticipatory bail application under section 438 CrPC. However, he resented that “All Arunachal Pradesh Workers Union registered protest against his bail without rhyme and reasons.”
While referring to the Gauhati High Court order on August 6, 2012 (vide Crl. Petition No.09/2012), Darung further said “the Court quashed and set aside the earlier proceeding of Non-FIR case registered under section 3 of the Prevention to Damages of Public property Act -1984 against me and fresh direction was given to officer in-charge of Naharlagun Police Station to investigate and submit police report U/S 173 of Cr.PC.” However, no such police report was filed by the Police till date, he claimed. The Labour Commissioner further claimed that non-bailable warrant of arrest was issued against him “without any authority of law by the Chief Estate Officer cum Addl District Magistrate.” Darung said that he was ‘deliberately harassed at Naharlagun Police lock-up and defamed at the behest of All Arunachal Pradesh Workers’ Union by jumping all arrest warrant process as prescribed in Cr.PC 1973’.


Sir I have search much but can't find the case referred in this news of Arunanchal times. Please Guide and attach above mentioned judgment of Gauhati HC if any one have.
REGARDS

advocate   26 March 2015 at 00:42

Change profession

Dear Sir,

My qualification is B.ed, LL.B., and i am enrolled lawyer and practicing as a lawyer for last three years.

I have got govt. teacher job on adhoc basis. My joining is in Ist week of April. My query is as below:

1. Whether i have to send any letter to Bar Council that i am leaving advocate practice and joining govt teacher job.

2. Whether i have to surrender my membership in my bar council.

If yes then what is the procedure for the same.

Secondly, as it is adhoc base job if there will no scope for regular job in the next 2-3 years then i will not have any option except to come back to my legal profession.

Then whether i have to enroll again in bar council and obtain membership again.

Last query: if i do not intimate to bar council and join govt. teacher job on adhoc basis then what will be consequenses in later stage for this professional mis-conduct.

Please advise

Regards,
MS

ANAND JAIN   25 March 2015 at 23:15

Maintenance/divorce

my case goes as under:
1. I am physically handicapped person of 50 yrs with unable to walk without support.I and my wife live with my mother of 80 yrs. She too isn't keeping well. All the property namely land and flat and fd's r in my mothers name. I hv four sisters. All of them r married and well to do placed. The property hs been willed. The total property IN MY NAME
is 5 lacs of share certificates and 3 lacs in ppf.
All the property hs been self earned by my Late father and transferred to my mother.
2. About four yrs back, a divorcee girl with a 9 yr old son agreed to marry me.
3. At the time of marriage, she hd written on a rs. 100 stamp paper tht she is tying the knot in no pressure and knows my financial, health etc. conditions well.
4. I hd written tht her son will be mine and i will start the legal work soon.
5. The son's biological father is alive.
6.After much persuasion and bickering and treatment, jst 45 days back she gave birth to a girl.
7. The girl was ill since she was premature.
8. rt now, also she is in hospital.
already, my mother hs spent 1.5 lacs in her treatment since my annual income which i show in IT is 1.5 lacs. Actuallly, it is almost nil.
9. I hv received a call from my brother in law tht he will tk my wife and her son and my daughter from the hospital and wld meet me in the court. Her son is living with me since las 4 yrs and is going to the school.
10. I hv filed a police complain against my brother in law and my mother in law.
11. Can my wife leave my house without my consent since my baby is too ill and she will probably die if proper medical treatment isn't given to her.
12. if she leaves my place for her hometown
wt cases she can file against me.
13. wt can be the maintenance amtt. ?
14. If my mother dies during the proceedings and if she hs willed the property in my name,can my wife lay claim on tht also ?
15. wt will happen to the baby ?
can i with my sister place claim on her ?
16. My in laws financial position is bad.

thanks
suggestions and answers invited in detail.

ANAND JAIN

Anand Kumar Das   25 March 2015 at 22:59

How to trace investigating officer

sir IO is the evidence of my father murder case & they get transferred since 10 yrs ago how to trace them as a evidence.i tried him to trace throudh sp office,my nearest police station & written letter to dgp and dig.How can i trace him pls help

MAHESWAREE SWAIN   25 March 2015 at 22:05

Jurisdiction for filing complaint case u/s.138 n.i.act

HELLO EXPERTS
let me explain that i have a cheque of State bank of Bhubaneswar branch issued by accused person in favour of complainant and the complainant placed it in his bank central Bank at Bhubaneswar branch. when the endorsement of insufficient of funds came out the complainant intimate this to the accused and the accused wants for 20 days more time and assured to place the cheque again after the prescribed period and after laps of time of 20 days again the complainant placed the cheque in his bank central bank of india at Khordha branch and the same thing was happend as funds insufficient.
now here my question is that in which place i have to file the complaint case u/s. 138 on N.I.Act? is that place of Bhubaneswar where the accused person's bank or in that place where the complainant placed the cheque first time or in that place where the second time the complainant placed the cheque at Khordha. please clarify and please provide me if there is any kinde of citation available. its urgent. Thank you.

NC Mistry   25 March 2015 at 21:36

Cell phone recording as evidence

Can a voice recording at cell phone be used as evidence?

Arunpal   25 March 2015 at 20:52

Non bailable warrant

charge sheeted under section 294, 506 of IPC and section 66A and 67 of IT ACT got bail after that does not appeared before the court for 4 years . Came to know that non bailable warrant issued for appearance .. The accused never received a summon or bailable warrant before .
If the accused appears voluntarily before the court before execution of warrant ,
Will his warrant be cancelled ?
Or will he be asked to get bail again ? although previously he got the bail when he was arrested after filing of FIR and before the charge sheet .
Can he be put in jail by rejecting his cancellation of warrant and bail .

kaur   25 March 2015 at 20:22

Truth

I am working charitable hospital for the last 20 years and regular employee which comes under Industry Act. Almost a year back I brought certain facts before the higher authority against my officers regarding misuse of amounts which was duly recovered by the higher authorities upon investigations. But for speaking the truth in the interest of hospital my officers under whom I was working I had to face hard times as the higher authorities officers are retired and those officers whom against I have complaint are harassing me for which my life including my family has become hell and they want me to resign from the job. My one truth for speaking the actual facts have ruined my life. I tried to approach the head of trust who is Saint but could not approach. My mother had written letters to Head of Trust "Saint" by name but it seems that letters have not reached him since no reply received even after months. I came to know that those officer in trust are trying to remove me from the job on one occasions or another. My query is that letters written by my mother to Head of Trust to Saint briefing the actual facts have any value in case I need to approach the court if my services are terminated and prior had what precautions can be taken.

sandeepkariya   25 March 2015 at 19:38

Pagdi property

Hi,

My Friends father (Expired) was having a room in South Mumbai, she and her mom were not staying with her father from last 15 yrs ( Mutually divorced ) & even not in touch with the father

Now as her father expired ( Room vacant from last 7 Months & no other person as Legal Heir of her father they met landlord & requested him to transfer the rent receipt on her mom's name or daughter's name, but he is refusing to transfer the rent receipt saying he bound to transfer the receipt to the legal heirs staying with them. Landlord knows that her mom & dad not staying together since long & no other person to claim the room

Please suggest

Nagesh   25 March 2015 at 18:35

Encroachment of road by neighbour

the government property measuring 40EW x 60 NS was allotted to owner from Sanitary board in 1985.
the land owner then sold this property to two people(owner1 & owner2).
owner1 got property with dimension (40 EW x 25 NS) same mentioned in sale deed registered in 1987.
Owner2 got property with dimension (40 EW x 25 NS). the rest 10 feet NS is left to road and used as road by owner2.
But in sale deed of owner2 he got registered as (45 EW x 25 NS) in 1992. He over occupied 5 feet out of 10 feet road present in East side.

Now owner1 is left with only 5 feet road for his house on east side.

Since it was a dead end owner1 has utilised east side 10 feet road for storage area.

Now owner2 who had occupied 5 feet below, and now is going for complete 10 feet road utilisation in the first floor.

I being owner1 can i file case on owner2 to release 10 feet road occupied by him. Since it was dead end i have utilised the road which i am ready to release and demolish my storage construction.
Now to file a case i have kata extract of original property (40x60) from sanitary board and plan approval for original property(40x60) in which it has clear demarcation of roads. apart from this i dont have any other mother deed or allotment letter from sanitary borad.
Can you please suggest whether i can file a case against owner2 now. Since the registrations happened 22 yrs back will the case still hold good?
if i can file a case what are the necessary documents needed.please suggest