Dr. Ashok Dhamija

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  • in reply to: cheque dishonoured due to account closed #1211

    For what purpose, the cheque was issued?

    Did you deliver some goods or services on the basis of the said cheque?

  • in reply to: Pursis of Defense Lawyer #1209

    Even if there are more than one advocates appearing for an accused, they are considered as one unit. It cannot happen that one advocate takes one stand and another advocate takes another stand for the same accused, since both of them are representing the same person. So, even where there is a joint Vakalatnama on behalf of a single accused person, which has been signed by more than one advocate, they have to take a joint stand and they cannot take different stand for the same accused.

    Secondly, citing accused person as a witness is only optional. It is not compulsory. In fact, generally an accused person is not produced as a witness. It is quite rare to produce an accused person as a witness in his own case. If the accused appears as a witness, then the public prosecutor gets a right to cross-examine the accused, which can sometimes become a double-edged weapon. So, usually, the defence advocates do not want to cite the accused person as a witness.

    Rest of things you can ask from your advocate, because I don’t know what exactly is their intention or plan.

  • in reply to: cross examination in 498a #1207

    It will depend on the facts and circumstances of the individual case and the nature of the individual piece of evidence. No hard and fast rule can be laid down. Please consult your advocate on such issues.

  • in reply to: Law degree issue #1203

    As far as I understand, your law degree should be valid since you would have satisfied all conditions of the university and bar council of India while passing the law examination; otherwise they would not have awarded the law degree to you.

    The problem, if any, may be from the Government department, since you did not obtain permission for getting law education while being on full time Government job. Sometimes, it may be considered as a misconduct for which some departmental penalty may be imposed. However, if your Government department knows about it and does not want to take any action, then just relax.

    Getting education while in Government job without taking Government permission may be a misconduct under the Govt rules, but it may not be an offence. So, I don’t think there is any chance of arrest.

  • You have said that the police has been asked by the court to conduct further investigation.

    It is not clear whether the police is recording statements of your bankers, clients, demat service providers, in your case only or in some other case. Or, else, how the police is harassing them or conducting investigation, it is not clear.

    You should try to ascertain whether the police is conducting investigation in your case and have registered some other FIR (against you or some other person).

    Police can conduct investigation in all aspects of the case. If you feel that the police is deliberately doing the investigation wrongly, you can always bring it to the notice of the senior police officers or to the court which directed further investigation.

  • in reply to: forged will #1198

    It is not possible to comment and advise on the facts of the case, without seeing the documents in detail. A half-baked advice can be a wrong advice. Please show your documents to some local lawyer and take his advice.

  • in reply to: EXAMINATION-IN-CHIEF/CHIEF AFFIDAVIT #1197

    Please ask a specific question relating to law that is relevant in your case, and do not ask an academic question. You are asking the question in respect of 3 different Acts as an academic exercise. What exactly is your case? Civil? Criminal? Cheque bouncing case?

  • in reply to: WRITTEN STATEMENT IN CRIMINAL CASE #1196

    If you are referring to a criminal trial, then under Section 314 of the Cr.P.C., on completion of evidence, written arguments may be submitted to the trial court. This section is reproduced below:

    314. Oral arguments and memorandum of arguments.—(1) Any party to a proceeding may, as soon as may be, after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments, if any, submit a memorandum to the Court setting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record.
    (2) A copy of every such memorandum shall be simultaneously furnished to the opposite party.
    (3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.
    (4) The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments.”

  • You have mentioned that you were kidnapped and your documents, including passport, were snatched. I hope you would have filed a police case in that incident. If not, file that case, and report to the police about how you have lost the passport. The police can try to recover the passport from those responsible people.

    In any case, if your passport is lost, you are required to immediately inform the nearest police station and and the passport office.

    Thereafter, on the basis of the lost passport, you can apply for re-issue of the passport. You may contact the passport office for details or search the website http://passportindia.gov.in/ for more details.

  • in reply to: Serving at two different govt( punjab) dept.on days. #1192

    This may be a problem because a person who is in Government service, is not allowed to be in any other service at the same time. This may also mean that while joining the Government service, the person might have concealed information from the Government authorities about his service in the private school. Probably, he also might have concealed the information that he again joined the private school for one or two days, after having joined the Government service.

    Generally, the Government rules prohibit any other employment, private trade etc. (you can check your own relevant rules). For example, Rule 15 of the Central Civil Services (Conduct) Rules, 1964, prohibit private trade or employment, by providing as under:

    15. PRIVATE TRADE OR EMPLOYMENT:

    (1) Subject to the provisions of sub-rule (2), no Government servant shall, except with the previous sanction of the Government-

    (a) engage directly or indirectly in any trade or business, or

    (b) negotiate for, or undertake, any other employment, or

    (c) hold an elective office, or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not, or

    (d) canvass in support of any business of insurance agency, commission agency, etc., owned or managed by any member of his family, or

    (e) take part except in the discharge of his official duties, in the registration, promotion or management of any bank or other company registered or required to be registered, under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force, or of any co-operative society for commercial purposes.

    (f) participate in or associate himself in any manner in the making of-

    (i) a sponsored media (radio or television) programme; or

    (ii) a media programme commissioned by Government media but produced by a private agency; or

    (iii) a privately produced media programme including video magazine:

    Provided that no previous permission shall be necessary in case where the Government servant participates in a programme produced or commissioned by Government media in his official capacity.

    (2) A Government servant may, without the previous sanction of the Government,-

    (a) undertake honorary work of a social or charitable nature, or

    (b) undertake occasional work of a literary, artistic or scientific character, or

    (c) participate in sports activities as an amateur, or

    (d) take part in the registration, promotion or management (not involving the holding of an elective office) of a literary, scientific or charitable society or of a club or similar organisation, the aims or objects of which relate to promotion of sports, cultural or recreational activities, registered under the Societies Registration Act, 1860 (21 of 1860), or any other law for the time being in force, or

    (e) take part in the registration, promotion or management (not involving the holding of elective office) of a co-operative society substantially for the benefit of Government servants, registered under the Co-operative Societies Act, 1912 (2 of 1912), or any other law for the time being in force:

    Provided that –

    (i) he shall discontinue taking part in such activities, if so directed by the Government; and

    (ii) in a case falling under clause (d) or clause(e) of this sub-rule, his official duties shall not suffer thereby and he shall, within a period of one month of his taking part in such activity, report to the Government giving details of the nature of his participation.

    (3) Every Government servant shall report to the Government if any member of his family is engaged in a trade or business or owns or manages an insurance agency or commission agency.

    (4) Unless otherwise provided by general or special orders of the Government, no Government servant may accept any fee for any work done by him for any private or public body or any private person without the sanction of the prescribed authority.

    EXPLANATION – The term ‘fee’ used here shall have the meaning assigned to it in Fundamental Rule 9 (6-A).”

    Ultimately, it will depend on the relevant rules. It may also depend on how lenient or liberal the concerned authority will be to consider this issue when this information is revealed to the authority now after 27 years (as it relates to 1990). But, the authority may consider it as a misconduct also and may initiate a departmental action. It depends on the authority concerned, but the rule may not favour you, depending on what the exact rule is in your Government. So, please check with your concerned department.

  • in reply to: Departmental Inquiry #1191

    I think this was already mentioned in your main question. As I mentioned earlier, you may have to approach the appropriate court or tribunal for expediting the decision. Otherwise, you may make a representation to the higher authority or Govt for directing the authority to take faster decision, if you feel that they would do justice.

  • in reply to: The Protection of Civil Rights Act, 1955 #1189

    Section 4(2) of the Criminal Procedure Code says that all offences under any law other than Indian Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions of Cr.P.C., but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.

    Section 320 of Cr.P.C. makes certain offences under IPC compoundable, with or without the permission of the court. Sub-section (9) of this Section says that no offence shall be compounded except as provided by this section. Therefore, the offences which are not made compoundable under 320 Cr.P.C. will not be compoundable; but, of course, this will be subject to any special provision made in any other law, as mentioned in Section 4(2) of Cr.P.C., as pointed out above.

    Now, offences under the Protection of Civil Rights Act, 1955, are not shown to be compoundable. So, they would be deemed to be non-compoundable, since no law makes them compoundable. In fact, in this regard, it is pertinent to point out that Section 15 of the PCR Act, prior to its amendment in 1976, made the offences under this Act compoundable with the permission of the court; this old section 15 is reproduced below:

    15. Offences under the Act to be cognizable and compoundable.— Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898)—

    (a) every offence under this Act shall be cognizable; and

    (b) every such offence may, with the permission of the Court, be compounded.”

    But, after its amendment in 1976, Section 15 of the PCR Act now does not contain that compoundable clause. The amended Section 15 is reproduced below:

    15. Offences to be cognizable and triable summarily.—(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be cognizable and every such offence, except where it is punishable with imprisonment for a minimum term exceeding three months, may be tried summarily by a Judicial Magistrate of the first class or in a metropolitan area by a Metropolitan Magistrate in accordance with the procedure specified in the said Code.

    (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), when any public servant is alleged to have committed the offence of abetment of an offence punishable under this Act, while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence of abetment except with the previous sanction—

    (a) of the Central Government, in the case of a person employed in connection with the affairs of the Union; and

    (b) of the State Government, in the case of a person employed in connection with the affairs of a State.”

    Therefore, in view of this specific amendment in 1976, and also in view of the general provisions of the Cr.P.C., as pointed out above, it can be said that offences under PCR Act are non-compoundable.

    However, if the other party is willing to compromise the case as it appears (since that is also the condition for compounding the offence), you may file a petition / application before the concerned high court under Section 482 of the Cr.P.C. for quashing of the proceedings / FIR on the basis of such compromise. There is a reasonable chance that the high court may allow it to be quashed if the other party is willing to compromise, as such a case may be covered in the decision of the Supreme Court in the case of Gian Singh  v.  State of Punjab, (2012) 10 SCC 303 : AIR 2012 SC Supp 838 : 2012 Cri LJ 4934.

  • in reply to: Police not registering FIR #1184

    Report it to the court which issued the order.

    File an application before the court for making a reference to the high court for contempt of court.

  • in reply to: Departmental Inquiry #1179

    Usually, during pendency of departmental enquiry, sealed cover process is used for promotion and promotion may be delayed till the departmental enquiry is available. You may have to get the enquiry expedited. If needed, you may approach the high court or the administrative tribunal (if there is any such tribunal in your state, which has jurisdiction in your matter) to get the process of departmental enquiry expedited citing the reason of your impending retirement.

  • in reply to: Parents property occupied by son and his wife #1175

    If the property belongs to your parents and has been bought by them, then they have every right over the property. This right includes the right to sell the property. They can take legal action to evict the married adult son who is forcibly occupying the property. Please take help of some local lawyer for the legal proceedings.

Viewing 15 posts - 1 through 15 (of 391 total)