Friday, October 27, 2017

Wonderfully described definitions......._*
*CIGARETTE:*
A pinch of tobacco
rolled in paper
with fire at one end
and a fool at the other!
*MARRIAGE:*
It's an agreement
wherein
a man loses his bachelor degree
and a woman gains her master
*LECTURE:*
An art of transmitting Information
from the notes of the lecturer
to the notes of students
without passing through the minds
of either
*CONFERENCE:*
The confusion of one man
multiplied by the
number present
*COMPROMISE:*
The art of dividing
a cake in such a way that
everybody believes
he got the biggest piece
*TEARS:*
The hydraulic force by which
masculine will power is
defeated by feminine water-power!
*DICTIONARY:*
A place where divorce comes
before marriage
*CONFERENCE ROOM:*
A place where everybody talks,
nobody listens
and everybody disagrees later on
*CLASSIC:*
A book
which people praise,
but never read
*SMILE:*
A curve
that can set
a lot of things straight!
*OFFICE:*
A place
where you can relax
after your strenuous
home life
*ETC:*
A sign
to make others believe
that you know
more than
you actually do
*COMMITTEE:*
Individuals
who can do
nothing individually
and sit to decide
that nothing can be done
together
*EXPERIENCE:*
The name
men give
to their
Mistakes
*ATOM BOMB:*
An invention
to bring an end
to all
inventions
*DIPLOMAT:*
A person
who tells you
to go to hell
in such a way
that you actually look forward
to the trip
*OPPORTUNIST:*
A person
who starts taking bath
if he
accidentally falls
into a river
*MISER:*
A person
who lives poor
so that
he can die RICH!
*FATHER:*
A banker
provided by
nature
*CRIMINAL:*
A guy
no different
from the other,
unless he gets caught
*BOSS:*
Someone
who is early
when you are late
and late
when you are early
*POLITICIAN:*
One who
shakes your hand
before elections
and your Confidence
Later
*DOCTOR:*
A person
who kills
your ills
by pills,
and kills you
by his bills!

Monday, January 13, 2014

C.NO.2305/C-31/CID/2011
Office of the
Director General of Police
A.P., Hyderabad.
Date: 23-04-2011.
 
MEMO
 
Sub: - CID- Investigation of cases registered under sections 498A-IPC and D.P. Act.1961 – certain instructions regarding Arrest of accused-Issued.
 
Ref: -   1) Memo of CP Hyderabad vide No. L & O/M6/1315/2002
            2) Circular Memo No. 7/2007 of CP Delhi dt. 23-03-2007
3) Letter. No. 122/SI-Ah/CCRB/2008-10 dt.10-12-2010 of CP Cyberabad.
4) Chief office Memo No. 4625/compts-1/2008 dt. 9-9-2008 of DGP A.P.
 
*****
It is observed that hasty action is being taken by the IO’s investigating the complaints registered under 498-A IPC & of DP Act 1961 in arresting the innocent old parents in-laws, minor brother in-laws and minor sister in-laws without collecting proper evidence against them under the pretext to honour the provision of law which are nothing but amounting to abuse of law without conducting investigation on proper lines. In this connection there are certain concrete decisions given by Hon’ble Supreme Court of India as well as Hon’ble Delhi High Court in the case of Jogender Kumar Vs state of U.P in Crl. WP No. 9/1994 and in Crl. Misc Nos. 7107 & 7162 of 2006.
 
            Base on the above observations by the Hon’ble Supreme Court and Hon’ble Delhi High Court, CP Hyderabad abd CP Delhi issued standing instructions to their subordinate officers regarding arrest of accused in the cases registered under 498-A IPC and dowry related cases. The CP Hyderabad issued instructions stating that I.O shall not arrest unless there is a need to arrest. In other words if there is sufficient evidence against him or her and there is a need to arrest, the I.O shall do so. But, mere complaint wherein the name is mentioned in FIR should not be a only cause for arresting anyone. There is a need to obtain written permission from the DCP supervising the investigation of the case by sending a detailed report enclosing CD file and all relevant documents clearly placing on record the evidence available against each one of the accused to the concerned DCP who will properly examine the complicity of each accused and accord written permission to effect the arrest of accused persons.
                        Commissioner of Police, Delhi opined that all allegations cannot be taken at their face value and need to be scrutinized carefully. He further reiterated the (11) guidelines of Hon’ble Supreme Court of India regarding arrest/detention pronounced in the case of DK Basu vs State of West Bengal, shall be strictly complied with.
 
                        It is further observed that on receipt of C.O.memo regarding effecting of arrest in such cases, CP Cyberabad, SsP Srikakulam and Krishna have communicated its contents to all their subordinate officers to follow the guidelines of Hon’ble Supreme Court, Hon’ble Delhi High Court, CP Hyderabad, and CP Delhi in Toto to avoid mis-carriage of justice.
 
                        Although the instructions have been issued to be followed scrupulously, many of the I.Os are hastily arresting the accused persons without conducting sound investigation by taking the face value of the FIR and misusing the above sections of law which is nothing but amounting to contempt of court and disobedience of instructions of Superior Officers which amounts to dereliction of duty.
 
Therefore all the Unit Officers are requested to convene a special meeting at Sub-Division level and percolate the instructions and guidelines of Hon’ble Courts and also Superior Officer’s instructions since those are quiet essential to be implemented in order to avoid arrest of innocent victims and also enhance the image of police in particular. When there is need to arrest, proper documentary evidence, physical evidence and direct evidence shall be collected by the I.O. by following all prescribed procedure of Cr.P.C. 1973 at all the places of alleged accused persons, his associates, his relatives and his friends and arrive at a conclusive proof with filtered/processed facts. Then, a detailed report shall be sent to DCP/SP with all relevant documents and CD files for approval. DCP/SP shall pay personal attention and give special thought to decide as to whether arrest/detention is necessary or not. If arrest is so warranted, he should give written sanction to the I.O. to proceed for affecting the arrest of all accused persons responsible for the crime of physical / mental / dowry harassment by minutely observing all established norms and guidelines issued un the case of DK Basu vs. state of West Bengal regarding arrest/detention, including the recent amendments issued to GPC in 2010. The guidelines of Hon’ble Supreme Court of India, Circular memos of CP. Hyderabad, CP. Delhi and Chief Office, AP, Hyderabad are enclosed herewith.
 
            The soft copies of said enclosures meant to be circulated with in AP State are made available in APPMS for ready reference and the same may be down loaded for further action.
 
                        Receipt of the memo may please be acknowledged.
 
 
Encl.: (14) sheets
Sd/-dt.10-05-2011
Director General of Police
A.P., Hyderabad.
 
To
All Unit Officers to report strict compliance.
All Regional IsGP., IGP Guntur to ensure compliance.
Copy to IGP, SCRB&WPC with a request to communicate to the officers working in WPC-CID.
Copy to ADGP(L&O) for information.
Copy to the DGP., A.P., Hyd. For information.
Copy to Addl. DGP HRPC, Orissa, Cuttack for favour of information.
 
అంధ్ర జ్యోతి 13-01-2014

మళ్లీ మొదలు


Thursday, January 31, 2013

tips on advocates

Tips on Advocates Perjury- The advocate punished for contempt of Court has to seek pardon from the Court concerned for the Act done by him on the ground that he really and genuinely repented and that he has resolved not to commit any such Act in future. Pravin c. shah v. K.A. Ali. 2001 (4) RCR (Cri.) 408 (SC): AIR 2001 SC 3041. Misconduct- Intentional harassment of the witness by avoiding the cross examination byu excuses is professional misconduct. N.D. Datane v. Shrikant S. Shivde, 2001(4) RCR (Cri.) 491 (SC): AIR 2001 SC 2028. Letter to client to arrange the money for bribing the judge. Licence cancelled.Sambhu Ram Yadav v Hanuman Das Khotey. JT 2001 (5) (SC) 618: AIR 2001 SC 2509. A regular govt. employee can not remain on rolls of bar council . Satish K. Sharma v. The Bar Council . JT 2001 (1) (SC) 236: AIR 2001 SC 509. Advocates Act- Strike by the advocates is illegal and unconstitutional. Client can sue for the damages due to the non-appearance of the advocate . Raman Services Pvt. Ltd. v. Subhash Kapoor, 2001 SCCC (Cri.) 3: JT 2000 (Suppl.2) (SC) 546: AIR 200 SC 207; Ex. Capt. Harish Uppal v. U.O.I, JT 2002 (10) (SC) 310 Const. Bench. Arbitrater- An arbitrator is a court. Manohar lal v. Vinesh, 2001 SCC (Cri.) 1322:2001(2) Crimes 202 (SC): 2001 (2) RCR (Cri.) 475 (SC): AIR 2001 SC 1820: 2001 Cri. L. J. 2044. Name of the advocate is not given in the list of the cases to be heard . notice should have been given to the counsel before marking his absence. Saheed Bhagat Singh Coop[. H.B. Society ltd. v. Improvement Trust Ludhiana, JT 2000 (9) (SC) 54: AIR 2002 SC 3589; An advocate/Amicus Curiae advocate is a officer of the court. V. Venakata Rao v. Regional Transport Authority, 2(2000) ACC. 156 A. P. Retention of files of the clients for non-payment of dues by the client is misconduct on the part of the advocate R.D. Saxena v. Balram Prasad Sharma, JT 2000 (9) (SC) 432: AIR 2000 SC 2912. Non – appearance of the counsel in the case is professional misconduct. For withdrawal notice to the client be given. G. Sridher & Anr. v. State of A.P. 2005(2) RCR(Cri.) 116 A.P. An advocate is an officer of the Court and legal profession is not a trade or business, rather it is an officer of the court and legal profession is not a trade or business rather it is a noble profession and advocates have to strive to secure justice for their clients within legally permissible limits. R.N. Sharma Advocate v. state of Haryana , 2003 (3) RCR (Cri) 166 (P&H). Rs. 8118 received by the counsel on behalf of his client and kept with him. Then produced forged documents to establish that he has paid the amount. Licence cancelled permanently. Harish Chander Tiwari v. Baiju, 2002 SCC (Cri,) 294 (SC): AIR 2002 SC 548. Undue adjournments of the case is an abuse of the process and also a misconduct. Mohd. Khalid v . State of Wst Bangal ,2002 (4) Crimes 160 (SC). Professional Misconduct-Running of STD/Photocopier in the name of advocate. Licence cancelled for 5 year. Bhupinder Kumar Sharma v. Bar Ass. Pathankot, Jt 2001 (9) (SC) 480: AIR 2002 SC 41. Fees charged by the advocate but suit not field . It amounts to misappropriation of amount. D.S. Dalal v. State Bank of India , 1993 (2) RRR 116: AIR 1993 SC 1608. Appearance of another counsel in the case without obtaining the permission of the counsel already engaged by the client . it is misconduct on the part or the advocate appearing afresh. Giri Raj Parshad Sharma v. Rajasthan Uni. 1987 civil Court Cases 37.
Application for obtaining information under the Right to Information Act, 2005 From: xxxxxxxxxxxxxxx xxxxxxxxxxxxxxx To, The State Public Information Officer The Incharge Administrative Officer xxxxxxxxxxxx District Courts, xxxxxxxxxCity, Andhra pradesh. 1. Full name of the applicant : xxxxxxxxxxxxxxxxxxx 2. Postal Address : xxxxxxxxxxxxxxxxx a. Subject matter of information : Information regarding the DVC xxx/ 2010 and certified copies b. Period to which information relates to : Filled dates xxxxxxxxx c. Description of information required. : Respected Sir, I'm xxxxxx the RESPODENT for the case no DVC xx 2010 pending before the HONORABLE COURT OF THE IIIRD METROPOLITAN MAGISTRATE COURT AT VISAKHAPATNAM. 1. Please provide the certified copies of Counter Affidivit along with all Annexure documents (I to X) filed by the Respondent in DVC 31/2010 in the HONORABLE COURT OF THE IIIRD METROPOLITAN MAGISTRATE COURT AT VISAKHAPATNAM ON 13th April 2011. 2. Please provide the date of preparation of FORM 1[See rules 5(1) and (2) and 17(3)] DOMESTIC INCIDENT REPORT UNDER SECTION 9 (B) AND 37 (2) (C)OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 (43 OF 2005) 3. Please provide me the certified copy of the FORM 1[See rules 5(1) and (2) and 17(3)] DOMESTIC INCIDENT REPORT UNDER SECTION 9 (B) AND 37 (2) (C)OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 (43 OF 2005) 4. Please provide me the list of documents attached to the DOMESTIC INCIDENT REPORT in Serial Number 5 of FORM I with certified copies. 5. Please provide me the certified copy of the FORM II(See rule 6(1)]APPLICATION TO THE MAGISTRATE UNDER SECTION 12 OF THE PROTECTIONS OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 (43 of 2005) 6. Please provide me the certified copy of the FORM III (See rule 6(4) and 7] AFFIDAVIT UNDER SECTION 23 (2) OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005. 7. Please provide me the certified copy of the FORM VII (See rule 11(1)] NOTICE FOR APPEARANCE UNDER SECTION 13(1) OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 towards all respondents of DVC 31/2010 in the HONORABLE COURT OF THE IIIRD METROPOLITAN MAGISTRATE COURT AT VISAKHAPATNAM. 8. Please provide certified copy of petition filed under PWDVR RULE 10 (1) (a) to CONDUCT HOME VISIT BY PROTECTION OFFICER on 4th May 2011 by the Respondent along with petitioner received notice served memo copy . 9. Please provide the date and certified copy of Home Visit Report of the Protection Officer Home Visit is conducted by the Protection Officer. Please kindly provides me the above said information as earliest as it had bearing in High court of Andhra Pradesh. (PLEASE PROVIDE ALL CERTIFIED COPIES not with Xerox) Hereby I'm attaching the judgement of the CIC clearly stated that courts come under RTI act and certified copies needs to be disclosed and further added that: “No claim has been made by the PIO of any exemption under the RTI act to deny the information. If a Public authority has a process of disclosing certain information which can also be accessed by a Citizen using Right to Information, it is the Citizen’s right to decide which route he wishes to use. The existence of another method of accessing information cannot be used to deny the Citizen his freedom to use his fundamental right codified under the Right to Information Act. If Parliament wanted to restrict his right, it would have been stated in the Law. Nobody else has the right to constrain or constrict the rights of the Citizen.” Also I'm also attaching the appeal of K. Veera bhadra rao before the Honorable High court of Andhra pradesh unregistered Appeal ROC no. 640/SO-3/2009 directing the family court to disclose the information. If you feel that the requested information dosen't pertain to your department or Information is available to other department, then please follow the provisions of section 6(3) of RTI act 2005 and transfer the application to the relevant PIO. d. Information required : Through Speed/ Register Post 4. Whether the applicant is below poverty line : No 5. Language demanded (U/s 6(1) of the RTI Act 2005) : English Please furnish the requested information at your earliest for which I am herewith enclosing a court fee stamps for Rs. 110 /- (Rs.25/- towards the RTI fees according to AP High Court remaining amount for the copying and postage charges). Thanking you sir Yours truly xxxxxxxxxxxx Place : .xxxxxd. xxxJuly 20xx Court Fee Stamps of Rs.xxxx/- (Rs.25/- towards the RTI fees according to AP High Court remaining amount for the copying and postage charges).