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Getting the vehicle back that was seized under the NDPS Act

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  Introduction Trafficking in drugs is a major revenue stream for organised crime groups. Drugs are transported in both public and private vehicles . Often, the vehicle owner does not know there is a problem. Meghalaya High Court ruled recently that "unbelievable though such an allegation may seem, the relevant inmate reports that drugs are sometimes transported in army trucks, which are generally immune to inspection.". There is no doubt that the officer has authority to seize the vehicle, and the owner of the vehicle must prove beyond a reasonable doubt that he does not have conscious possession of the vehicle. He is not involved in those offenses to get the vehicle returned to him. A Magistrate Court or a Special Court can only sanction an application for releasing the vehicle on interim custody. The procedure will be as outlined in Section 451 of the Criminal Procedure Code, and a Magistrate will provide temporary custody. The Best Advocates for NDPS cases will prepare an...

How to Gather Evidence for Medical Negligence Claims

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Introduction Even with the best efforts of medical professionals, adverse outcomes remain an unfortunate reality in healthcare. Patients may feel dissatisfied with the care they receive, however, such dissatisfaction alone does not constitute medical negligence . Patients and healthcare providers must understand what constitutes negligence and what evidence is required to support such claims. The Definition of Medical Negligence Medical negligence occurs when a healthcare provider breaches their duty of care to a patient, resulting in harm. In addition to financial harm, the patient may suffer mental agony for himself or his family members. A negligence case must meet the following criteria: The provider's actions fell below the standard of care expected in the circumstances. The patient was directly harmed as a result of the breach. Such harm resulted in measurable losses such as physical injuries, emotional distress, and financial expenditures. Having an unfavorable outcome from ...

When Can You Legally Remarry After a Divorce in India?

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Introduction Divorce in India involves a complex legal process, . Theimeline for remarriage inis tricately regulated by law, requiring the user to navigate the  legal intricacies of divorce . Under various Indian laws, marriage is carefully outlined, emphasizing the need for both parties to observe a waiting period before embarking on a new marriage. Legislation mandates a 90-day waiting period after divorce. After a divorce decree has been issued, both parties are given a 90-day window to appeal the decree. As long as neither party initiates an appeal within the designated time frame, the pathway to remarriage remains open to either individual once the appeal period has ended. Additionally, this period marks the completion of the divorce proceedings, andhe paparties' eligibilityo begin new chapters in their lives. This blog post examines the significance of the 90-day appeal period, ase considerations individuals must comakes they navigate the post-divorce landscape, and exitsmpl...

False 498a FIRs quashed in high court - Instant remedy

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Introduction A 498a case typically lasts five to seven years, and between two hearings, two to three months usually pass. In cases where the High Court believes that the accused are innocent and falsely implicated in the FIR, they may be able to quash the FIR registered against them when instituting the case. Upon quashing the FIR in the high court, You may file a complaint under section 167 of the IPC if you suspect that any public servant is misusing his/her power based on the actual circumstances and facts of the matter. If such a violation is proven, the authority / public servant may be sentenced to up to seven years in prison or fined. The Indian Penal Code provides you with a remedy if your spouse has given false information to the police so that they may use their powers against you. The Indian Penal Code provides that you can file a case against your wife if you believe she has presented false evidence. Documents or certificates that appear to have been forged or incorrectly ...

FIR Quashing in High Court - Instant Remedy for False 498a FIRs

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Introduction In general, 498a cases are expected to last between 5 and 7 years, and between two hearings, there are usually two to three months between each hearing. If the High Court believes that the accused are innocent and falsely implicated in the FIR, they may have the power to quash the FIR registered against them during the time the case is being instituted. Upon quashing the FIR in high court and If you suspect any public servant, who is aware of the actual circumstances and the facts of the matter, is helping your wife in misusing his/her power, you can file a complaint under section 167 of the IPC. In the event such a violation is proven, the authority / public servant may be imprisoned up to seven years, fined, or both. Using section 182 of the Indian Penal Code, you can invoke the remedy if your spouse has provided false information to the police to use their power to injure you and your family. According to Section 191 of the Indian Penal Code, you can file a case against...