Dr. Ashok Dhamija

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  • Till recently, it was under Section 12 of the Prevention of Corruption Act, 1988, under which a person offering or giving bribe to the public servant was punished. This section is reproduced below:

    12. Punishment for abetment of offences defined in Section 7 or 11.—Whoever abets any offence punishable under Section 7 or Section 11 whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall be not less than three years but which may extend to seven years and shall also be liable to fine.”

    However, with effect from 26 July 2018, the above Act has been amended through the Prevention of Corruption (Amendment) Act, 2018. These new amendments have come into force with effect from 26 July 2018. A new Section 8 has been substituted in the Prevention of Corruption Act, 1988, which now punishes the bribe-givers, as reproduced below:

    8. Offence relating to bribing of a public servant.- (1) Any person who gives or promises to give an undue advantage to another person or persons, with intention—

    (i) to induce a public servant to perform improperly a public duty; or

    (ii) to reward such public servant for the improper performance of public duty;

    shall be punishable with imprisonment for a term which may extend to seven years or with fine or with both:

    Provided that the provisions of this section shall not apply where a person is compelled to give such undue advantage:

    Provided further that the person so compelled shall report the matter to the law enforcement authority or investigating agency within a period of seven days from the date of giving such undue advantage:

    Provided also that when the offence under this section has been committed by commercial organisation, such commercial organisation shall be punishable with fine.

    Illustration.—A person, ‘P’ gives a public servant, ‘S’ an amount of ten thousand rupees to ensure that he is granted a license, over all the other bidders. ‘P’ is guilty of an offence under this sub-section.

    Explanation.—It shall be immaterial whether the person to whom an undue advantage is given or promised to be given is the same person as the person who is to perform, or has performed, the public duty concerned, and, it shall also be immaterial whether such undue advantage is given or promised to be given by the person directly or through a third party.

    (2) Nothing in sub-section (1) shall apply to a person, if that person, after informing a law enforcement authority or investigating agency, gives or promises to give any undue advantage to another person in order to assist such law enforcement authority or investigating agency in its investigation of the offence alleged against the later.”

    Moreover, in the newly substituted Section 9 by way of the above amendments, a new offence relating to bribing a public servant by a commercial organisation, has also been created.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • As per the provisions of Section 461(g) of the Cr.P.C., where a magistrate makes an order for maintenance, when he is not empowered by law in this behalf, his proceedings are void. This means that the order of maintenance passed by the magistrate is invalid and can be set aside by the higher courts. Therefore, your lawyer has correctly advice to challenge this order and get it set aside by the higher courts.     


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • Yes, it is possible to file a non-cognizable offence report with the police. You can specifically request the police to not register any FIR and give your complaint in such a manner that its ingredients are only those of non-cognizable offence. A police station usually maintains an NCR register (Non-Cognizable Report Register) in which they record the complaints received by them which disclose non-cognizable offences. The police officer concerned will give you the serial number in this register against which your complaint has been recorded.     


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • If your consumer case was originally decided by the district forum and you have filed an appeal against that decision before the state consumer forum, then take the decision of the state consumer forum in such appeal goes against you, then you can file a revision application before the National consumer forum (i.e., NCDRC) under the provisions of Section 21(b) of the Consumer Protection Act, 1986.     


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • Since the trial in a cheque bounce case is conducted by a Magistrate court, an appeal against the decision of the Magistrate in such a case can be filed in the Sessions Court.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • The offence of possessing assets disproportionate to the known sources of income is defined under clause (e) of Section 13(1) of the Prevention of Corruption Act, 1988, which is reproduced below:

    13. Criminal misconduct by a public servant.—(1) A public servant is said to commit the offence of criminal misconduct,—

    *** *** ***

    (e) if he or any person on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income.

    Explanation.—For the purposes of this section, “known sources of income” means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant.”

    It is clear from the above provisions that even if a public servant has, at any time during period of his office, been in possession of assets, etc., subject to other conditions of the said provision, the offence under Section 13(1)(e) of the said Act is made out.

    Therefore, if the retired senior government officer, referred to by you, was in possession of disproportionate assets at any time during his service, the said offence is made out against him.

    It is also noteworthy that the above offence is punishable with a maximum of 10 years’ imprisonment. Therefore, there is no limitation period for taking of cognizance in such offence. Accordingly, even though he retired one year back, if the offence of disproportionate assets was committed by him at any time during his service, such offence can still be registered even after his retirement.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • Firstly, note that a witness is required to remain present in the court himself for examination. Nobody else can appear for him if he has expired. Of course, if such witness was a formal witness (such as for just producing some documents), then sometimes another person may do the same thing in court, i.e., for example for producing such documents if he is familiar with them and can authenticate them.

    Secondly, for production of your defence documents, you could have tried to produce such documents at the time of cross-examination of the prosecution witnesses, wherever relevant.

    Thirdly, you can try to produce these documents under Section 294 of the Criminal Procedure Code, asking the opposite party, i.e., the prosecution, to admit or deny the same. If the prosecution admits those documents, then there is no need for producing them through any defence witness and such admitted documents are taken on record straightaway.

    Fourthly, your defence documents can be produced through any other defence witness also (other than the accused persons) provided they are familiar with them and can authenticate them. For example, for hospital bills, etc., someone from the accounts section of the hospital can produce them as a defence witness.

    Lastly, if you or any other accused person produces such defence documents in the court as a defence witness, then the prosecution will get a chance to cross-examine. No examination of a witness is considered to be complete without cross-examination.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • It appears that you do not know how to operate the Income Tax Calculator the link to which was given by me in my previous answer. In such situation, please engage some local CA to do the computations for you. You commit the mistake yourself, and then you blame on the above calculator / software or blame me saying that the basic exemption limit of Rs. 250,000 is not being allowed.

    Using the figures given by you, I have done the calculations myself on the above IT Calculator, and the total taxable limit comes to Rs. 335,000 (and not Rs. 385000 as found by you). Moreover, the above IT Calculator correctly allows the basic exemption limit of Rs. 250,000 and then on the remaining taxable income of Rs. 85000, tax at the rate of 20% is calculated for LTCG. The total tax is Rs. 14500 (after giving the deduction under Section 87A) and with cess, the total tax is Rs. 14,935 only.

    You can download the calculation chart prepared by me from the above IT Calculator from the following link:

    https://drive.google.com/file/d/1fBpwALe8Hfq8la8weZrHiQDxoUgxeJ2_/view?usp=sharing
         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • You must have made some mistake. I have personally calculated and it shows standard deduction of Rs. 250,000 and thereafter correctly calculates tax at the rates of 10% or 15% for LTCG and STCG.

    Here is the link to a PDF file that I saved out of the calculation made by me at the above IT Calculator; you can download the file and check it for yourself:

    https://drive.google.com/file/d/1FLGwRTBkTEbGZMVtoc5e26hi675RvUwa/view?usp=sharing
         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • Your question is not clear as to what do you want to ask. Please frame your question properly.

    You may also see my detailed reply to a similar question of change of date of birth in service records of the Government at: Change of date of birth in Government service 8 years after joining. It may perhaps answer your question.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • in reply to: Law related issues on Date of Birth. #4829

    I have replied earlier in detail to a similar question of change of date of birth in service records of the Government, and that reply can be seen at: Change of date of birth in Government service 8 years after joining.

    Please note that as mentioned in the above reply, change of date of birth in service records after 5 years, is not possible.

    In your case, you have mentioned that you joined the organisation on deputation from the government service. Deputation is considered a continuation of service. It is not like a completely fresh service. Deputation is also basically a transfer of service.

    It would have been advisable for you to change the date of birth in the proper and transparent manner, by disclosing what your date of birth as per existing records was and what your actual date of birth is.

    While it is difficult for me to give an accurate opinion to you on your detailed facts, in the absence of having seen the full records, I may point out that you may have to fight your case in the tribunal / court. Depending on facts, it may perhaps be considered as suppression of facts. If it is considered as a continuation of service, then the chances of success of getting the change of date of birth accepted would be comparatively less.

    You may consult some local lawyer with your detailed documents and facts to get an accurate advice on your detailed facts.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • in reply to: Revision PETITION against ex parte decree #4827

    Your similar question has been answered at: ex parte, civil procedure law – revision petition in high court. It is more or less a duplicate question. Please also appreciate that, as mentioned in our Forum guidelines, it is not possible for us to give correct guidance on the detailed facts of a case, without having seen the detailed documents. In fact, such guidance would not be in your own interests since guidance on facts, without seeing full facts, may be misleading. So, please consult some local lawyer and show him all your relevant documents.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • Whether or not the computer was functioning, if you have evidence of deduction of the premium from your salary, the Post department should account for the missing credits. You should collect details of all the premia collected from your salary by the Railways. With this evidence, you should approach the concerned authorities of the Post department for the needful to account for the missing credits and for the premium receipt book. If they do not take action, then you can approach the higher authorities in the department. If your grievance is still not addressed, then you may approach either the Vigilance / Ombudsman of the Post department, or the appropriate court / tribunal seeking directions for necessary action in your matter. If you suspect a fraud with a criminal intent, then you may even file a complaint with police.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • The answer to your question is contained in the UGC Regulations, link to which is given by you, Regulation 1.2 of which states as under:

    “They shall apply to every University established or incorporated by or under a Central Act, Provincial Act or a State Act, every institution including a constituent or an affiliated College recognized by the Commission, in consultation with the University concerned under clause (f) of Section 2 of the University Grants Commission Act, 1956 (3 of 1956) and every Institution Deemed to be a University under Section 3 of the said Act.”

    Therefore, provisions of these Regulations will apply to all Universities and all institutions recognized by the UGC and also in all institutions which are deemed Universities.

    If such regulations are to be applicable to any other organisation, then there has to be a specific provision or order to that effect. So, you’ll have to check from the NCTE whether these regulations are applicable to them. File an RTI application, if needed.

    These Regulations clearly mention that they are applicable to OBC also.

    For your third question, seek information from the concerned agencies, if necessary by filing RTI application.

    Fourth question is already answered. It is applicable to all Universities and all institutions recognized by the UGC and also in all institutions which are deemed Universities, whether Central or State.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • Where an ex parte decree / order is passed, the limitation period is 30 days, but it is counted from the date when applicant had knowledge of the decree where the summons or notice was not duly served. So, the beginning of the limitation period would depend on the facts of each case.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

Viewing 15 posts - 1 through 15 (of 1,905 total)