I have bought a second-hand bike through a dealer. I reside in Aurangabad, the bike is from Pune. The dealer promised to give me all document along with NOC for Transfer in a week. I paid him 65,000/- via online banking and about 13,000/- in cash. He later told me RC book lost. Its been all most 1 and a half year he has not given any paper to me. Also when he sold me the bike it was in the different name on RTO website. Now it is showing different owner on the RTO site. What action needs to be taken by me now. Please advise.Read More

Posted at 11:42 AM, 14 Jun 19 | No Answers Yet

I have been forced to take psychiatric medication since 2 years by my parents and family members. I am a well-educated person and do not need any psychiatric medication because I am absolutely normal. I was even forced and bitten by local gundas hired by my parents and admitted to a psychiatric hospital. I was released after 1.5 months consecutively. My question is can I file a case against my parents for this forced medication?Read More

Posted at 12:35 AM, 06 Jun 19 | No Answers Yet

Advocate Nadeem Mohd. Salim Shaikh | Legistify

Advocate Nadeem Mohd. Salim Shaikh
Answered on 08:12 PM, 22 May 19

First and foremost you must approach the Sessions Court or High Court for obtaining Anticipatory Bail as FIR is already registered. After obtaining you can approach the High Court for quashing the FIR.Read More

Posted at 08:12 PM, 22 May 19 | 2 Answers

On issue happens IPC 324, 506, 34 read with cases filed on me but it was the false case. How can I dissolve case on me because not to spoil my good name please give some ideas?Read More

Posted at 01:03 AM, 11 May 19 | No Answers Yet

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No, police can't arrest. Although technically possible, but this is not police protocol. The Police of one state cannot investigate or arrest an accused in another state. The Police of one state can request for co-operation from the local police of that state, only the local police can arrest the accused, produce the accused before a magistrate and the magistrate will issue a transit warrant after which the accused is handed over to the custody of the police of that state. That is protocol observed by all local police forces in India. The Police of a state have to be informed that if police from another state are carrying out searches or investigations in their state. In 90% cases, the local police are always involved as they know the location and the area well. Only CBI, ED etc which are central organizations have full powers of investigation without any prior information. Even they usually involve local police during arrests. A Police officer can arrest a person without warrant a person suspected to be concerned in a crime ( Wanted accused ) registered anywhere in India. The concerned Police station is informed about such arrest who would take that arrested person to their Police station after complying with requisite procedure. The Powers of Police to arrest a person without warrant, circumstances and procedures after arrest are provided in section 41 to 54 of the Criminal Procedure Code. For more clarification or advise, you can consult a best criminal lawyer in India who will help you in your matter and also suggest you, what can be done in your matter.Read More

Posted at 11:23 PM, 11 Apr 19 | 1 Answer

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A police can enter into a house or office without warrant if the person has committed a cognizable offence and police can't enter house or office without warrant in a non- cognizable offence. Section 2 (c) of the Criminal Procedure Code, 1973 defines Cognizable offences. Cognizable offence/case means a case in which, a police officer may arrest without warrant, as per the First Schedule of the Criminal Procedure Code, 1973 or under any other law for the time being in force. READ: Arrest Warrant in India For further clarification you can consult a good criminal defence lawyer in India, who will help you and advise you better in your case.Read More

Posted at 01:05 PM, 13 Mar 19 | 1 Answer

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The Indian Penal Code also says that if a public servant is not acting in accordance with the way he is supposed to conduct himself or contrary to any direction of law with an intent to save the person from punishment, then such a person will be liable for punishment of imprisonment of 2 years or fine or even both. Also, if a public servant is making a report contrary to law in a judicial proceeding, he will be liable for punishment of imprisonment of term of 7 year or fine or both. As per Section 166 of Indian Penal Code, a public servant who disobeys law with an intent to cause injury to another is liable to be punished with a term of 1 year of imprisonment or fine or both. So if a public servant hits or insults you, this provision of IPC will be attracted. For better understanding you can consult a criminal lawyer in India who will help you to file a complaint against the person.Read More

Posted at 11:55 PM, 21 Feb 19 | 1 Answer

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You can file a criminal case against your uncle for misrepresentation regarding sale of firm in India. You can consult a good criminal lawyer in India regarding your case. As per section 421 of IPC, Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfer or causes to be transferred to any person, without adequate consideration, any property, intending thereby to pre­vent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both classificateion of offence. Punishment is either Imprisonment for 2 years, or fine, or both.Read More

Posted at 11:48 AM, 19 Feb 19 | 1 Answer

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Juvenile criminal court records remain accessible unless the individual petitions to have them sealed.  You can consult a criminal defence lawyer in India to know how an individual can file a petition in India to get the criminal records erased or expunged.Read More

Posted at 04:31 AM, 03 Feb 19 | 1 Answer

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Recently, the Supreme Court has held that the requirement of a certificate to make an electronic evidence admissible is not mandatory "wherever interest of justice so justifies". The court has also said that Section 65B of the Evidence Act should be applied only when such electronic evidence is presented by a person who is in a position to produce such a certificate.  Section 65B of the Evidence Act, 1872 states that:  (1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein or which direct evidence would be admissible. (2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:- (a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer; (b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities; (c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and (d) the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities. (3) Where over any period, the functions of storing or processing information for the purposes of any activities of any regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by the computer, whether- (a) by a combination of computers operating over that period; or (b) by different computers operating in succession over that period; or (c) by different combinations of computers operating in succession over that period; or (d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers. all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer, and references in this section to a computer shall be construed accordingly. (4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say,- (a) identifying the electronic record containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer; (c) dealing with any of the matters to which the conditions mentioned in sub-section(2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purpose of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it. (5) For the purposes of this section,- (a) the information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment; (b) whether in the course of activities carried on by any official, information is supplied with a view to it's being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities; (c) a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment. For the purposes of this section, any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or any other process.]Read More

Posted at 03:52 PM, 27 Nov 18 | 1 Answer