Tuesday, August 30, 2016

What is Solvency Certificate ? How to obtain it?

Solvency Certificate

Introduction : The solvency certificate is required for seeking admission in Govt. Medical and st1:place>Engineering Colleges. It is also required for Court matters, like obtaining bails. The certificate is required as a document of surety by various Govt. and semi-Govt. offices. The solvency certificate is issued on the basis of the documents showing ownership of flats/lands in Mumbai City.

    Under What Act/Rules/Govt. orders the Certificate is issued : Govt. of Maharashtra, Revenue and Forests Deptt. Letter No.MMC/1072/196859/G-2/ dt. 2.11.72
    Whom to apply : Collector of Mumbai City (Survey Branch),Old Custom House, Shahid Bhagatsingh Marg, Fort, Mumbai 400 001.
    How to apply :Application to be made in the prescribed form Affix Court Fee Stamp of Rs.5/- on the application
    What documents to attach : Xerox copy of Agreement of ownership Flats/shops situated in Mumbai City District duly attested
        In case of flat :
            a) Xerox copy of share certificate issued by the society
            b)Societies letter stating that:
                The flat is free from all incumbrances
                The flat is on ownership basis
                Area of the flat in sq.ft./sq.mtr
                Duration of stay of member
                The flat is free from litigations & incumbrances
            Xerox copy of Ration Card/Telephone Bill/Electricity Bill
            Affidavit on Rs.20/- stamp paper stating that :
                The flat is free from all incumbrances attachment, acquisition, mortgage etc.
                Area of the flat in sq.ft./sq.mtr
                The flat is free from litigations
        In case of land:
            a) Xerox copy of conveyance deed duly attested
            b) Xerox copy of assessment bill
            c) Affidavit on stamp paper of Rs.20, stating that:
                i)The land is free from all incumbrances, attachment, acquisition, mortgage etc.
                ii) No litigation is pending in Court of law
                iii) C.S. No., Revenue Division and area of the land
    Where to submit the Application - Single window, Ground floor, Old Custom House
    Time limit within which the certificate will be delivered - 7 days
    Complaint Redressal authority - Collector office Mumbai City

Tuesday, August 23, 2016

What are pre-conditions for leading secondary evidence?

What are pre-conditions for leading secondary evidence?

 In so far as the question of law formulated by this Court i.e. 'whether under Section 65 of the Indian Evidence Act, 1872, secondary evidence in the form of oral evidence can be led or considered to prove the contents of the document allegedly lost' is concerned, in my view, before allowing production of secondary evidence, it must be established that the original document is lost or destroyed or is being deliberately withheld by the party. Supreme Court in the case of Rakesh Mohindra Vs.Anita Beri and Ors., reported in 2016 ALL SCR 1 has held that the party who seeks to lead secondary evidence has to lay down the factual foundation to establish the right to give secondary evidence where the original document cannot be produced. It is held that neither mere admission of a document in evidence amounts to its proof nor mere making of an exhibit of a document dispenses with its proof, which is otherwise required to be done in accordance with law.
79. It is held by the Supreme Court that the pre-conditions for leading secondary evidence are that such original documents could not be produced by the party relying upon such documents in spite of best efforts, unable to produce the same which is beyond their control. The party who seeks to produce secondary evidence must establish for  the non-production of primary evidence. Unless, it is established that the original document is lost or destroyed or is being deliberately withheld by the party in respect of that document sought to be used, secondary evidence in respect of that document cannot be accepted. In the facts of this case, the plaintiffs could not prove before the learned trial Judge that any of the alleged divorce deed was executed and lost and could not have produced and thus they were entitled to lead secondary evidence under Section 65 of the Indian Evidence Act, 1872.
In my view, the party who seeks to lead secondary evidence has to establish that such party is not able to produce the primary document which beyond his control or that the same is lost or destroyed or is being deliberately withheld by the party in respect of that document sought to be used. Unless these mandatory conditions of Section 65 of the Indian Evidence Act, 1872 are complied with, such party cannot be allowed to lead secondary evidence. The substantial question of law no.(i) is accordingly answered in negative in the facts of this case.
Bombay High Court
Smt. Kashibai Namdeo Jadhav And ... vs Smt. Yamunabai Namdeo Jadhav And ... on 25 February, 2016
Bench: R.D. Dhanuka
 SECOND APPEAL NO.108 OF 1993
Citation:AIR 2016 (NOC)387 Bom           
 By this second appeal filed under Section 100 of the Code

Wednesday, August 17, 2016

Rights of accused in Cyber Crime Cases in India

RIGHTS OF THE ACCUSED WHO IS ARRESTED In CYBER CRIME MATTER 

1. Protection against arbitrary or unlawful arrest (Article 22 of the Constitution and Section 41, 55 and 151 of Cr.P.C.)

2. Protection against arbitrary or unlawful searches (Sees. 93, 94, 97, 100(4) to (8). and 165 of Cr.P.C.)

3. Protection against “Double Jeopardy” (Article 20(2) of the Constitution and Section 300 of Cr.P.C.)

4. Protection against conviction or enhanced punishment under ex-past facto law (Article 20(1) of the Constitution)

5. Protection against arbitrary or illegal detention in custody (Article 22 of the Constitution and Sees. 56, 57 and 76 of Cr.P.C.)

6. Right to be informed of the grounds, immediately after the arrest (Article 71(1) of the Constitution and Section 50 of Cr.P.C. as also Sees. 55 and 75 of Cr.P.C.)

7. Right of the arrested person not to be subjected to unnecessary restraint (Section 49 of Cr.P.C.)

8. Right to consult a lawyer of his own choice (Article 22(1) of the Constitution and Section 303 of Cr.P.C.)

9. Right to be produced before a Magistrate within 24 hours of his arrest (Article 22(1) of the Constitution and Sees. 57 and 76 of Cr.P.C.)

10. Right to be released on bail, if arrested (Sees. 436, 437 and 439 of Cr.P.C., also Sees. 50, 20 and 167 of Cr.P.C.)

11. Right not to be a witness against himself (Article 20(3) of the Constitution)

12. Right to get copies of the documents and statements of witnesses on which the prosecution relies (Sees. 173(7), 207, 208 and 238 of Cr.P.C.)

13. Right to have the benefit of the presumption of innocence till guilt is proved beyond reasonable doubt (Sees. 101-104 of Evidence Act)

14. Right to insist that evidence be recorded in his presence except in some special circumstances (Section 273 of Cr.P.C., also Section 317 Cr.P.C.)

15. Right to have due notice of the charges (Sees. 218, 228(2), 240(2), etc. of Cr.P.C.)

16. Right to test the evidence by cross-examination (Section 138 of Evidence Act)

17. Right to have an opportunity for explaining the circumstances appearing in evidence against him at the trial (Section 313 of Cr.P.C.)

18. Right to have himself medically examined for evidence to disprove the commission of offence by him or for establishing commission of offence against his body by any other person (Section 54 of Cr.P.C.)

19. Right to produce defence witnesses (Section 243 of Cr.P.C.)

20. Right to be tried by an independent and impartial Judge (The Scheme of Separate of Judiciary as envisaged in Cr.P.C., also Sees. 479, 327, 191, etc. of Cr.P.C.)

21. Right to submit written arguments at conclusion of the trial in addition to oral submission (Section 314 of Cr.P.C.)

22. Right to be heard about the sentence upon conviction (Sees. 235(2) and 248(2) of Cr.P.C.)

23. Right to fair and speedy investigation and trial (Section 309 of Cr.P.C.)

24. Right to appeal in case of conviction (Sees. 351, 374, 379, 380 of Cr.P.C. and Arts. 132(1), 134(1) and 136(1) of the Constitution)

25. Right not to be imprisoned upon conviction in certain circumstances (Section 360 of Cr.P.C., and Section 6 of the Probation of Offenders Act)

26. Right to restrain police from intrusion on his privacy (Article 31 of the Constitution)

27. Right to release of a convicted person on bail pending appeal (Section 380 of Cr.P.C.)

28. Right to get copy of the judgment when sentenced to imprisonment (Sec.363 of Cr.P.C.)

Navy man in Jail for 2 years for Child Pornography, cyber crime in India

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