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Friday, May 11, 2007

Evidence–A Life Saver:Digital Voice-Recorders

Tech – Talk

Technical Section

Let me ask you a question : When a case is filed (or expected to be filed) against you and "Unless Proved Innocent You Are Guilt" theory works, how can you prove yourself innocent ?

You need Evidences. There are two types of evidences (1) Concrete Evidence (which can independently decide the case) e.g. a clear video recording and (2) Supporting Evidence (which independently cannot decide the case but when joined with circumstances and other evidences/events, it is usefull to decide the case).

Next is, to get these life saver evidences we need technology. I mean to say electronics and Information Technology. If used correctly, can prove yourself innocent and also can get vital information (from the other party).

Digital Voice Recorders : What someone spoke cannot be judged from the pictures but voice recorders can do it for you. Voice recorders are of two types Analog and Digital. Analog recorders (with cassettes and magnetic tapes) are not a good choice now a days. Digital recorder are perfect as of today. They are very small sized, full of features, well capable and compact. One can easily get a reasonably featured digital recorder for around 3500/- or so. I have a digital voice recorder which can record upto 34 (Thirty Four) hours of conversation. It works in person to person, telephonic, hidden recorder mode, remote mic mode and much more. It can transfer the data to computer and to a CD in turn. It works superb as a Telephone Recorder. You connect it to the phone line (hide it) and it works for around 18 hours at a stretch (battery life). No beep is issued to the other party. It can used almost everywhere Home, Phone, In Car, In Office, In Meetings and absolutely every place which you could think of.

An important feature of the Digital Recorders is “Voice Activated Mode” means if this mode is activated, the digital recorder will Keep Recording as long as voice is there and If no voice for a few seconds then the recorder goes to standby mode and when the next sound comes in It again starts recording it. The advantage is we get removed the “silence” portion of recordings (saves memory and we get long battery backup). Voice recorded files from digital recorders can be transferred to computer and CD and the same CDs could be produced in court as evidences.
Files recorded by Digital recorders can be played on the house hold CD players.

Tip : Use rechargeable batteries in Digital Recorders. Mine uses AAA size eveready 2 cells rechargeable and single pair of batteries can drive the device for around 16 hours.

CENIX, Olympus, Samsung, LG, Sansui and almost all electronics manufacturers manufacture Digital Voice Recorders

Some of the useful links are

http://www.olympusamerica.com/cpg_section/cpg_voicerecorders.asp

http://electronics.listings.ebay.in/Electronic-Gadgets_Voice-Recorders_W0QQsacatZ14960QQsocmdZListingItemList

http://www.tcc-qatar.com/DVR.htm

http://search.ebay.in/digital-voice-recorder_Voice-Recorders_W0QQsacatZ14960

http://www.google.co.in/search?hl=en&q=Cenix+%22Digital+Voice+Recorder%22&meta=


Own Mobile Call Recordings : You can ask you mobile dealer to workshop guy to install a call recording software in your handset so that it keep recordings of the calls. You can put the whole thing on a computer and on a CD in turn. Most of these softwares issue a beep sound to the other party so that the caller comes to know that your call is being recorded.


by Sachit Dalal- SIF Activist

Arrive with guns blazing-Counters, Quash, Dismissal(at Police, At court(before or after Chargesheet))

Subject: Counters, Quash, Dismissal(at Police, At court(before or after Chargesheet))

Hi All,

Option 1- Before chargesheet; You can give evidence to Police and ask for a report of dismissal(Type A report - no evidence to make a case of 498a, or Type B report- stating that the Allegations are false!, both of which happens only in rarest of rare cases(zero probability almost) , because police are shit scared of women org, women and generally won't burn their hands in these matters).

Next option 2->Before chargesheet is given by police to the court-Quash it at the same court(don't know the section of Cr.PC for this), or High court/Sessions(Cr.PC 482), showing major fractures in allegations which do not need trials, and are self-evident.

Next Option 3->Apply for dismissal after chargesheet is submitted to the court(Cr.PC 239(see the bottom of this post for explanation), Guptaji will elucidate about this beautifully :). The only motivation for waiting till chargesheet to get submitted in the court, is that after this the police cannot make the charges more deadlier against you(fudging it with more unfavourable charges), and since usually police can be bought by the other party and could be made to add more charges and unfavourable stuff in the chargesheet, if they decide to counter your attempts of Options1 & 2.

Counter cases can be filed at any time(though waiting till chargesheet is submitted to the court is advantageous in some ways). Though Advocates rarely recommend it or agree that this is even a possibility before a "verdict" on the 498a case is declared in full(possibly by Supreme court, if the other party decides to appeal until the Top court!). See this post for IPC sections which could be used in your counter cases, considering the facts of your specific case.

This is 'could' be just because 1) they do not want 'their' cases to end that "easily" and hence lose the opportunity to feed on your insecurities(with all respect to the good advocates here, if u feel that my observations are not constructive or right, please do correct me for the general good). 2) Another reason why advocates do not take initiatives for counter cases is because some of them are truly 'incapable' and ignorant about these matters in their rat race of "setting" and "greasing" kind of lowly ways of "practice" and their intellectually-bankrupt-to-the-core schools of thought!. 3) Another reason why lawyers do not seem to do any thing which can give you sure and swift results is that everyone is hand in glove with every other advocate, so they won't demolish the case of their loving counterparts who could be lawyer pals of the same court(you scratch my back, I scratch urs!- fraternity and emotional bonding issues!!!).

I am making it clear that I am not talking about good advocates of caliber and integrity, who if appointed will do wonders for your case- but I am yet to meet such an advocate in my sojourn of 4+ years in these torrid rapids.

Warm Regards,

Gokul - http://gokul.go.to, 9821414336(Mumbai)

PS: Cr.PC 239: When accused shall be discharged.- If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

***********************
need guidance Posted by: "yangaldaspk" Thu May 10, 2007 11:39 am (PST)
hi
i am 498a-ed. i got AB for my parents and sister and self. have proof that case is false. should i file 182 ipc or wait till chargesheet is failed.it is clear case of misuse of laws, and waste of time for police and courts.how can i proceed from here. can i file counter cases.

Monday, April 16, 2007

Bibles 4 SIFians, Be a Playa.... Baazigar O'Baazigar

Hi All,

I agree to Myidbnt for 90% of the time!(there are risks of backfire if you get your wife fired by counter cases/actions against her), but if you are what they call a "PLAYA"(Khiladi) ‘propah’, u could doctor the spin yet again against the same wife who lost her job.

You just have to impress upon the court that the company fired her ONLY after they were convinced that she misused the law and hence is facing a counter case from you. So now you not only can defend your maintenance or any other possible backlash, but also use this flip-flop show yet against your wife by telling the court in appropriate words.... “if the company is convinced, why are you not”, at least cite the fact that you could get the company convinced of her wrong doings and get a favourable hearing from the courts(u should, if possible, mask/downplay the fact, if it is so, that the company fired her only because of the company's HR policy on employees with criminal proceedings against them)

Tables can surely be turned, but it needs a PLAYA, an International Khiladi in thought and actions(ab seedhey hoke kuch faida toh nahin hein, better bend it like Beckham and enjoy doing so). Try karo 100 mein se 10 aap bhi playa ban sakta hein. Even if there is 90% chance that your ploys backfire, Indian system is full of loop holes , USE IT, PLAY IT.

But like all good Players(superlative slang of which is 'Playa' ), you should be ready to lose the game, only to win it back at Sundown.

Haar ke jeethney walon ko........ yes Baazigar kahthey hien.

Dont just be afraid, u are in the 'No-risk' zone, if u assess and understand your risk perceptions appropriately. Don’t be shy to be a PLAYA or a Baazigar. Reminding you all once again, if u "will" enough, there would be a way enough.
The key is playing to the gallery, with the Loop holes, whatever may be your personal situation.

For more details of how to play, read criminal manual(and Family and Divorce laws if thats ur pain area), URSELVES , and make it your bible along with other books mentioned below as appropriate to ur case, details as below.

I : http://www.unilawbooks.com/search.asp?Page=2&subj=Transfer (2nd page , no.18th item)

Criminal Manual (Pkt. Size) by Universal ( Pages - 631, Hardbound, Year - 2006 ) Price : Rs 195.00 Description : General Contents: Effective Date Natifications. New Amendments at a Glance. The Criminal Law (Amendment) Act, 2005 (2 of 2006) The Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005) as amended by Act 25 of 2006. Consolidated Table of Cases. The Code of Criminal Procedure, 1973:- as amended by The Code of Criminal Procedure (Amendment Act, 2005 (25 of 2005) and The Criminal Law (Amendment) Act, 2 of 2006). The Indian Evidence Act, 1872: as amended by The Criminal Law (Amendment) Act, 2005 (2 of 2006). Consolidated Subject Index. http://www.unilawbooks.com/search.asp?Page=2&subj=Transfer (2nd page , no.18th item)This version(pocket size) of criminal manual is from Universal Law Publishing co. Rs.195(It contains Cr.PC, IPC and Indian evidence act).

II: https://www.vedamsbooks.com/no42204.htm

Commentary on the Hindu Marriage Act, 1955 : Incorporating All the Amendments in the Act, Rules from the Commencement of the Act with Latest Case Law and Extracts from Hindu Adoptions and Maintenance Act, 1956/Sukh Dev Aggarwal. Delhi, The Bright Law House, 2005, viii, 720 p., $35. Details No. 42204

Contents: I. Preliminary: 1. Short title and extent. 2. Application of act. 3. Definitions. 4. Overriding effect of act. II. Hindu marriages: 5. Condition for Hindu marriage. 6. [Repealed]. 7. Ceremonies for a Hindu marriage. 8. Registration of Hindu marriage. III. Restitution of conjugal rights and judicial separation: 9. Restitution of conjugal rights. 10. Judicial separation. IV. Nullity of marriage and divorce: 11. Void marriages. 12. Voidable marriages. 13. Divorce. 13A. Alternate relief in divorce proceedings. 13B. Divorce by mutual consent. 14. No petition for divorce to be presented within one year of marriage. 15. Divorced persons when may marry again. 16. Legitimacy of children of void and voidable marriages. 17. Punishment of bigamy. 18. Punishment for contravention of certain other conditions for Hindu marriage. V. Jurisdiction and procedure: 19. Court to which petition shall be presented. 20. Contents and verification of petitions. 21. Application of act V of 1908. 21A. Power to transfer petitions in certain cases. 21B. Special provision relating to trial and disposal of petitioners under the act. 21C. Documentary evidence. 22. Proceedings to be in camera and may not be printed or published. 23. Decree in proceedings. 23A. Relief for respondent in divorce and other proceedings. 24. Maintenance pendent lite and expenses of proceedings. 25. Permanent alimony and maintenance. 26. Custody of children. 27. Disposal of property. 28. Appeals from decrees and orders. 28A. Enforcement of decrees and orders. VI. Savings and repeals: 29. Savings. 30. [Repeals]. Appendices: 1. The Hindu Adoptions and Maintenance Act, 1956. 2. Rules of High Court. 3. Registration of marriage rules.

III: and may be: https://www.vedamsbooks.com/no10198.htm#.

Nullity of Marriage Under Hindu Law/Manjit Singh Nijjar. 1994, xvi, 227 p., $17.
Contents: Preface. 1. Marriage and matrimonial reliefs under The Hindu Marriage Act, 1955. 2. Bigamy. 3. Prohibited degree relationship. 4. Sapinda relationship. 5. Impotency. 6. Mental incapacity. 7. Consent to marriage obtained by force and fraud. 8. Pre-marriage pregnancy. 9. Forum of petition, effect of decree and post-decree consequental relief. Appendices. List of cases. Bibliography. Index.
"This book thoroughly examines the provisions relating to the nullity of marriage under section 11 and 12 of the Hindu Marriage Act and makes indepth study of the juridical approach to the said provisions. The book also highlights the shortcomings and infirmities so as to make the substantive provisions and administration of these provisions leakproof and lucid. A critical approach been has undertaken to make the book useful and complete from all aspects."
______________________________________________________________________________
Keep these books at least under ur pillow, and it will serve u that much better!.
Better.....Buy books like these for ur groups/libraries, if people know of better/additional references, pour them in too.

USE THEM, PLAY BY THEM.... and be the PLAYA.......

Regards,

Gokul
9821414336(Bombay), http://gokul.go.to

PS: Also blogged at the Book of Knowledge Blog: http://bok498a.blogspot.com/2007/04/bibles-4-sifians-be-playa-baazigar.html

Thursday, January 11, 2007

Preparing to Defend your legal problems

Understand the false case against you is just another problem, which can and need to be solved

Analyse the FIR and their statements for contradictions within(statements and written statements at different times may have contradictions, example incidents, weights, numbers etc.).

Pick up allegations against which you have evidence on the contrary, and put a petition to Police station and DCP in-charge asking them to investigate on these lines and to submit final report accordingly.

The Police can bring out three types of Final Reports(in which case the complaint will not be prosecuted in the Court, since the allegations are not maintainable at a court of law) as follows 1) Type A Final-Evidence of Allegations is not enough to be tried in the court 2) Type B final- Allegations are false, hence need not be tried in court 3) Investigation on the Allegations are inconclusive, so need not/cannot be tried in the court. Though these are technically possible, the police does not bother to neither take the responsibility of investigating not defending such conclusions by them!. But it is your right to get a proper report on the above lines and avoid court trials/litigation.

For the court to try/prosecute you, the police should be submitting a "Charge-Sheet, usually even in this case the police seldom come out with any inference of their own, they just compile all allegations and statements from the complainant and all the counters and statements from the accused and avoid taking any responsibility.

If you suspect any bias in the authorities against you, send petitions to higher authorities, while keeping the erring personnel a copy of your petitions so that its acts as a pressure to act in accordance to justice. See a related post here: http://bok498a.blogspot.com/2006/08/post-498a-scenario-when-passport-is.html .

To come up with specific ways to counter your specific problems, first you have to think with a problem-solving attitude, and not panic or be despondent. You know the ways to get out, only if you think calmly. All the best.