Shailesh Kumar Shah's Expert Profile

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Raj Kumar Makkad says : Invitation
Respected Sir! I have not heard about you since a long time. I have launched a website www.lawexpertsindia.com You are again requested to please join it as an expert and permote it in your friends circle.

Zubair Hamid says : Moot Court
HELLO SIR'''I M LLB 3rd sem student..i have to prepare for my first moot court presentation..so i need ur help..The problem is as follows On 2nd January,2005,the SKIMS Hospital Srinagar declared Abdul Ahad as brought dead.On that morning the village committee(name of village SAGARAMA0 had started raiding the houses in order to capture the heating appliances which caused overloading & hence disruption of light in the whole village. During the raid the village committee mostly collected the heaters used for cooking purposes. On reaching house of Jamal ud Din, the accused Kabir Khan intervened & told the village committee that Jamal ud Din being a poor man, he should be allowed to use heaters for cooking purposes on humanitarian grounds. On this, the deceased namely,abdul Ahad who was also the president of village committee replied that the decision of village committee applies on all & none shall be allowed to use such heating appliance. The accused & deceased exchanged words which escaped in hot talk. The deceased blamed the accused that you are covering the Jamal ud Din as you have intention to grasp his two marlas of land adjacent to your house. The accused suddenly caught the neck of deceased & hit his head thrice with an earthen pot ( called KANGRI) . the Accused ran away & deceased chased him. the accused soon realized that he can't escape ,he stopped after running away 200 meters. The deceased on reaching caught hold of his neck but before he could have done anything, he felt down on ground. Immediately he was referred to Hospital where he was declared bought dead. The accused was later arrested by Police 7 presented before trail court. the trail court framed the following Issues: a) Whether (person) accused has commited the offence of murder? b) Whether the accused was provoked by the words of deceased? c) Whether the accused had committed the grievous hurt which culminated in the death of deceased. I M from the Prosecution Side,,,So i Need help..Please Oblige..Thank You

Raj Kumar Makkad says : invitation
Good Evening Friend! How are you? I have not heard from you since last many days. I a going to launch a free interactive legal site for sharing knowledge in the URL www.lawexpertsindia.com on 12th May 2012 at 11 AM in District Bar Association Hall Bhiwani (Haryana). I request you to become part of function as well as of this site as an expert. I do hope that your contribution shall be duly recognised by general public as well as legal luminaries.

Mr. Hitendra Shah says : Criminal
If a POA is notarized on 01/02/2011 by Share Broker for its Client as he was providing finance in Margin Trading. It is notarized BLANK, through the Notary of the Broker, without filling in the details of Bank and Demat Account NUMBERS on the said Blank POA and it is handed over to Bank for accepting it and for verification. Bank accepts it Blank as verified and getting filled the account opening forms through the client via Broker on 04/04/2011. Bank opens Bank A/c of the client on 12/04/2011 and Demat A/c on 14/04/2011 and the account NUMBERS of the said accounts are filled in the said POA by the BANK in its own way. The Client clears all his dues along with interest on 14/09/2011 but the Broker sells all the Balance shares of the client after 14/09/2011 and realised money he transfers in other's A/c fraudulently with the help and support of the said Bank and POA holder of the client. The POA holder was Broker's one of the employees and signatories because the Broker provided Finance to the client in Margin Trading. I would like to know from the Experts that 1) Whether the said POA is Valid or Invalid because POA was notarized before the said accounts were got opened. POA was notarized on 1/2/2011 and Bank A/c was opened on 12/4/2011 and Demat A/c was opened on 14/4/2011? 2) whether the POA is valid document for the said accounts or whether the said accounts are valid for the said POA? 3) whether is it believed that POA was got Revoked as soon as the Bank filled in the invalid account numbers on the said POA? 4) Whether should the client file a civil case for his claims making party to the Broker or Bank or POA Holder? What is the best option in your opinion? Whether he should file case on Bank for the Claim? In this case I have few more queries that I would like to ask you in other part. Kindly explain me with your expert knowledge. Thanks. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 2nd Part :- There was conspiracy between the Bank, Broker and POA Holder. With some reasons in the mind, the Broker and Bank got opened the Bank A/c of the client as if he is a Company or a Partnership firm by filling "Non Individual" Bank A/c opening form from the client. The Broker got signed from the client on the POA, at the bottom of POA, as Director/Secretary/Partner. Now the POA is in the Individual name of the Client and the Bank A/c is in the name of a Company or Partnership Firm. So whether the said POA is Valid or not? In the Bank A/c opening form there never be required to fill the details of POA Holder in the said form by POA Holder, but the Bank allowed illegally to POA Holder to fill the details of POA Holder on the said Form so that he can operate the said Bank A/c. The Broker and Banker got filled from the client "Corporate Internet Banking Form" for opening Internet Bank A/c of the client and got opened Corporate Internet Bank A/c of the client and similarly the POA Holder filled his details in the said form to operate the said A/c. The signature of the client on the POA and Demat A/c opening form differs significantly. In the POA he signed as S. J. Master and in the said Demat A/c opening form he signed as Shantilal Master. in such situation can POA holder operate the Demat A/c of the client? Kindly explain and guide to the client that how he should proceed? Thanks. ***************************************** Last and Remaining Part:- Sir, how the said POA be said valid when POA was notarized before the accounts were opened? In other 3 cases, in the verified POA, verified by the Bank, there is no detail of Demat A/c Number is mentioned on the POA but POA Holder has operated the said Demat accounts of the Clients. There was only one POA Holder in all the cases whereas the Demat accounts of the clients have been operated by other persons also signed as POA Holder.

S P Goel says : DV
Dear sir, ( Domestic violence, kindly give your opinion and oblige ) ,01 My wife did not appear and not filed rejoinder from last two dates, whether case may be dismissed if 3rd time she does not appear and file rejoinder.. 02 She demanded monetary loss of Rs 45 lacs due to metnal and physical torture, whether court may order me to pay.. 03 What she can demand residence outside on rent or purchase at my cost. Regards,S P Goel, Delhi,9810101999,spgoel118@yahoo.com

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