Advocate (Dr.) Prashant Mali's Blog

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     ...

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 i...

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 Se...