Dr. Ashok Dhamija

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Viewing 15 posts - 1 through 15 (of 345 total)
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  • in reply to: police investigation #1106

    You can file a protest petition in the capacity of the complainant.

    I don’t think case diaries would be made available to you since they are privileged documents.

  • You can file petition / application for:

    (1) Restitution of conjugal rights under Section 9 of the Hindu Marriage Act.

    (2) File for maintenance under Section 125 of the Cr.P.C.

    (3) If need be, file for protection under the Protection of Women from Domestic Violence Act, 2005, for not being thrown out of the house.

    You can also claim rent expenses as part of the maintenance. It ultimately depends what order is issued by the court.

  • in reply to: اپنا کیس خود لڑنا چاہتاہوں #1104

    Yes, it is your right to appear in person in your own case. Every person has the basic right to defend or pursue his own case.

    For example, Rule 1 of Order III of the Civil Procedure Code 1908 lays down as under:

    “1. Appearances, etc., may be in person, by recognised agent or by pleader.— Any appearance, application or act in or to any Court, required or authorised by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognised agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf:

    Provided that any such appearance shall, if the Court so directs, be made by the party in person.”

    This rule clearly shows that a person can himself appear in the case, i.e., the party in person (I have highlighted the relevant part in above rule).

  • in reply to: Do I have right to defend my own case in court without lawyer? #1103

    Yes, it is your right to appear in person in your own case. Every person has the basic right to defend or pursue his own case.

    For example, Rule 1 of Order III of the Civil Procedure Code 1908 lays down as under:

    “1. Appearances, etc., may be in person, by recognised agent or by pleader.— Any appearance, application or act in or to any Court, required or authorised by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognised agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf:

    Provided that any such appearance shall, if the Court so directs, be made by the party in person.”

    This rule clearly shows that a person can himself appear in the case, i.e., the party in person (I have highlighted the relevant part in above rule).

  • in reply to: اپنا کیس خود لڑنا چاہتاہوں #1094

    Sir,

    It is not possible to understand your question.

  • It has to be shown that the cheque was issued to discharge any debt or liability, though it will be presumed in the first instance by court. But, you can rebut this presumption and show that the cheque was not issued to discharge any debt or liability.

    If you have not been having any transactions with the company, you can show that.

    It is advisable that you consult some local lawyer by showing him all documents and sharing full details, because it is not possible to offer you specific guidance in the absence of knowledge of full facts.

  • in reply to: Divorce after 15 days of marriage #1089

    As per Section 14 of the Hindu Marriage Act, a divorce petition cannot be filed before elapsing of one year from the date of marriage. In your case, this rule will come in play.
    However, Section 14 further provides that if the High Court has made rules in that behalf for presentation of divorce petition before one year period is over, then in exceptional cases a divorce petition may be allowed to be presented in accordance with such rules made by the High Court, on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent.
    So, you will have to check from your state whether the high court in your area has made any such rules. And, even in such a case, you’ll have to show that it is a case of exceptional hardship to you, etc., if you want to file the divorce petition within one year of marriage.
    Another option before you is to file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, which is basically for uniting the couple when one partner has deserted without any reasonable excuse.

  • in reply to: What are the new rules in Cheque bounce cases ? #1086

    The last change in the cheque bounce rules was the change of jurisdiction where such a case can be filed. Please read the following article for more information:

    http://tilakmarg.com/news/negotiable-instruments-amendment-act-2015-comes-into-force-settling-jurisdiction-issue/

    So far, there is no change in law making it a non-bailable offence.

    You can search “cheque” and/or “negotiable” in the search box at Tilak Marg to get details of various articles on these issues.

  • in reply to: TIME FRAME FOR CHEQUE BOUNCE #1085

    All your doubts about cheque bounce case (as asked by you) are answered in my following article:

    http://tilakmarg.com/answers/cheque-bounce-cases-under-section-138-of-negotiable-instruments-act-explained/

    Please read this article. It answers about the time limits involved and the steps involved.

  • in reply to: Tardy police investigation #1082

    You can approach the senior officers of the police, such as Superintendent of Police of the district, or the DCP of the city area.

    In extreme cases, you may perhaps also go to the high court, if there is some grave issue involved.

  • in reply to: Sanction of loan by probationary officers? #1081

    Generally, it is not advisable to act on oral orders of seniors, especially when the oral orders are illegal, such as in your case when your seniors forced you to sanction loan when you were not eligible or allowed to sanction loan during probationary period, as you have stated.

    Your action of sanctioning loan would be in writing, for which there would be documentary proof. On the other hand, oral orders given by your senior would be verbal without there being anything in writing, and for which there may not be any documentary or other proof.

    So, you’ll have to given proof to show that you were forced to sanction loan by your seniors. You may have to defend yourself by whatever evidence or proof you can get in your defence.

  • in reply to: Dear Dhamija sir #1077

    Generally speaking, it should be possible to appear in person or on behalf of the son in the civil court.

    Relevant provisions of Rule 1 and Rule 2 of Order 3 of the Civil Procedure Code are reproduced below:

    1. Appearances, etc., may be in person, by recognised agent or by pleader.— Any appearance, application or act in or to any Court, required or authorised by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognised agent, or by a pleader 1[appearing, applying or acting, as the case may be,] on his behalf:

    Provided that any such appearance shall, if the Court so directs, be made by the party in person.

    2. Recognised agents.— The recognised agents of parties by whom such appearances, applications and acts may be made or done are—

    (a) persons holding powers-of-attorney, authorising them to make and do such appearances, applications and acts on behalf of such parties;

    (b) persons carrying on trade or business for and in the names of parties not resident within the local limits of the jurisdiction of the Court within which limits the appearance, application or act is made or done, in matters connected with such trade or business only, where no other agent is expressly authorised to make and do such appearances, applications and acts.

  • in reply to: Termination Of Service In CPSU. #1076

    You may have to challenge it the appropriate court or tribunal since you claim that the PSU has wrongly terminated your services.

    You may have to confirm some local lawyer in your state as to whether the case would be within the jurisdiction of the high court, district court or some tribunal (such as Central Administrative Tribunal). It is not possible for us to answer this query which is specific to your state.

  • in reply to: sale infavour of company #1075

    Your first query relates to a local law in Andhra Pradesh. Please consult some lawyer in Andhra Pradesh.

    Answer to your Second query is that sale deed in favour of Pvt Ltd company can be registered and companies act / income Tax act do not prohibit it.

    Third query: if the sale deed is in the name of the company, then the company can definitely show it to the IT department and RoC.

  • in reply to: Post dated cheque – if bounce, reqd docs to proove – 2 #1074

    (1) Whatsapp messages may also be part of evidence. They may be included in the evidence relating to electronic record, and you may have to follow the procedure laid down in Section 65-A and 65-B of the Evidence Act to prove such evidence.

    (2) Xerox copy of a document is “secondary evidence” of the document as per Section 63 of the Evidence Act. Secondary evidence may be used to prove the document as per the provisions of Section 65 (and, if necessary, by following the provisions of Section 66 also).

    (3) Stop payment of cheque may also amount to cheque bounce under Section 138 of the N.I. Act, if the cheque was for discharge of a debt or liability and if other requirements of Section 138 are satisfied.

Viewing 15 posts - 1 through 15 (of 345 total)