Forum Replies Created
January 21, 2017 at 2:44 am in reply to: SLP in Supreme Court Status Show As no further order of listing on 20jan 2017 #1031
It implies that the next date for listing the SLP before the court is yet to be fixed. It appears to be a new SLP and it appears that it has not been listed before the court so far. If it is so, you should get the next date of listing soon. Keep watching the case status.
The possible way could be to file a review petition. But, in your case the issue related to interim order, due to which chances of success would be very limited.
In such cases where interim orders on maintenance are involved, generally, the tendency of the supreme court is to allow the interim order on maintenance to continue till pendency of the SLP. However, in some exceptional cases, the SC can stay the interim order if it completely unjust. Discretion lies with the SC to decide what in its opinion is an exception situation.
The advisable course would be to comply with the interim order on maintenance and get the SLP heard on merits.
Without going into the specific details of the charge, generally speaking, in this situation, the charges will become hollow, though it would also depend to some extent on what were the grounds on which you had not implemented the report.
In particular, if you had not implemented the report for the same or similar reasons for which the competent authority has rejected the report, the charges in that case would be of no consequence against you.
January 16, 2017 at 5:00 pm in reply to: Can we fight our caste case on our own in Gujarat high court? #1022
Yes, it is possible for you to fight your own case in the high court. You can file the PIL in your name “in person” without engaging any advocate.
Please also see the following articles in this regard:
January 16, 2017 at 4:55 pm in reply to: Can a person marry again after divorce on mutual consent basis? #1021
Yes, a person can marry again after getting divorced, either by mutual consent divorce or the regular (contested) divorce. The relevant legal provision is contained in Section 15 of the Hindu Marriage Act, which is reproduced below:
15. Divorced persons when may marry again.—When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal the time for appealing has expired without an appeal having been presented or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.
January 16, 2017 at 4:06 pm in reply to: Why not dismiss employee who is charge sheeted 5 times? #1017
Awarding a penalty to an employee depends on the nature and gravity of the charge. For example, an employee can be dismissed only if the charge against him is of a grave character, such as a corruption charge. Moreover, even for a grave charge, the departmental enquiry has to be conducted wherein the employee has to be given full reasonable opportunity of being heard, as per the procedure for conducting detailed departmental enquiry.
Therefore, merely because an employee has been charge sheeted 5 times, does not mean that he can be directly dismissed from service. It depends on the nature of the charge as to how serious the charge is. Moreover, as mentioned above, even if the charge is serious, first the departmental enquiry will have to be conducted, and then only any penalty can be awarded, whether dismissal from service or any other penalty.
January 16, 2017 at 4:00 pm in reply to: Whether suspended employee has to remain in home for 24 hours? #1015
When an employee is suspended, generally a condition is imposed asking him to not to leave the headquarters without permission from the authorities. Here, headquarters would generally mean the city where he is posted. It is NOT his residential house. Therefore, it is not necessary for such a suspended employee to remain in the residential house for 24 hours. He can be anywhere in the city. Of course, he cannot leave the city (i.e., the headquarters) without permission from the authority.
Even if the senior officers check his presence in the residential house, he can justify that he was very much present in the same city and had gone out for some work. In such a case, normally, the suspended employee can be contacted on phone and he can go back to house within a reasonable time so that the senior officers can satisfy that he has not gone out of city without permission.
But, in any case, the requirement is NOT that he should remain in the residential house for 24 hours. He can be in the same city anywhere.
January 16, 2017 at 3:53 pm in reply to: Who can be witnesses for couple submitting divorce in mutual consent? #1011
If you are filing a petition for mutual consent divorce in the court, then generally speaking, witnesses are not required for filing such petition.
However, if the court at your place has a procedure for requiring witnesses for such petition, then also generally speaking there should be no restriction on who can become witnesses. Any relative or friend could possibly be a witness. For more clarity, if there is such a requirement, you can ask the registry of the court at your place.
January 16, 2017 at 3:45 pm in reply to: Cheque presented even after transferring the amount due to party through bank #1009
One of the main necessary ingredients for a cheque bounce case is that it should have been issued for the discharge, in whole or in part, of any debt or other liability.
In your case, if the amount has already been paid by banking channel, then there would not be any debt or liability. So, you can prove that there was no debt or liability, and that the amount represented by the cheque was already paid through banking channel. In such a scenario, you can get discharged.
However, as a side note, I may point out that at the time of making the payment through banking channels, it would have been advisable to take the cheque back from the party so that he could not claim the payment twice by presenting it in bank even after getting payment directly through banking channels.
Special Leave Petition (Civil)(D) number implies that the petition is still not registered as a regular SLP. This means that the SLP will first be listed before the court for order on some Civil Application filed along with SLP or for some initial necessary order. The regular SLP would be given subsequently.
January 16, 2017 at 3:29 pm in reply to: Transfer of a 10 year old pending cheque bounce case from Coimbatore to Delhi #1005
As per Section 142(2)(a) of the Negotiable Instruments Act (the amended provision), the offence under Section 138 shall be inquired into and tried only by a court within whose local jurisdiction, if the cheque is delivered for collection through an account, the branch of the bank where the payee or holder in due course, as the case may be, maintains the account, is situated.
This is the legal position. Your question does not clarify whether a Delhi court has jurisdiction in your case as per the above amended provision. If the Delhi court has jurisdiction as per the amended provision, then the Delhi court may accept the complaint and generally it should not take much time for the court to accept the case. But, you would be getting notice from the Delhi court as and when that court accept the case and sends you the notice.
January 16, 2017 at 3:17 pm in reply to: Agreeing for mutual consent divorce and then withdrawing #1003
If you are not willing for divorce and want to settle down with your husband, then you should not agree with mutual consent divorce under the belief that under this pretext you can go back to the husband’s house and then you may withdraw the consent for the mutual consent divorce.
Firstly, it is not sure whether you would be able to reside in your husband’s house merely because you agree for mutual consent divorce. Secondly, even if it is possible, then what is the guarantee that after you withdraw the consent for divorce at a later stage, your husband would still allow you to reside in his house?
The remedy for you would perhaps be to convince for residing together. If he does not agree, you can file a petition for restitution of conjugal rights. You can also apply for maintenance for yourself and your minor child. Also opposite his divorce petition if you are not agreeable for divorce, as you have mentioned.
Please read my following article, which answers your question: Consequences of Stop Payment on cheque dishonour when there is a dispute between parties.
As mentioned in the above article, the Supreme Court has held that “stop payment” instructions given by the drawer of the cheque do not really alter the character of a cheque dishonour case, provided all other ingredients of the offence defined under Section 138 of the Negotiable Instruments Act, 1881, are satisfied.
Once a cheque has been issued to you, and if it is dishonoured, then a presumption arises in your favour that it was issued for an existing debt or liability. A subsequent dispute about the amount to be paid may not help your opposite party much in so far as the cheque dishonour case is concerned, though he may have other civil remedies.
Therefore, if the cheque has bounced, then you can issue the legal notice and proceed further with the case under Section 138 of the Negotiable Instruments Act.
January 16, 2017 at 3:01 pm in reply to: Travelling to two opposing countries – requirement for 2 passports #1000
Please see my article at the following link, which answers your question: Is it an offence to hold two Indian passports and what punishment?.
In the above article, I have quoted Rule 13 of the Passport Rules, 1980, which is reproduced below:
“13. Issue of additional passport or travel document in special circumstances.- A person holding a passport or travel document shall not be entitled to another passport or travel document unless he surrenders to the passport authority the passport or travel document already held by him:
Provided that separate passports or travel documents may be issued to the same person in respect of different countries if it is necessary so to do for facilitating his visits to such countries.”
The Proviso to the above Rule 13 clearly states that separate passports or travel documents may be issued to the same person in respect of different countries if it is necessary so to do for facilitating his visits to such countries.
Therefore, you can apply for separate passports to the passport authorities in respect of visit to different countries if it is necessary so to do for facilitating his visits to such countries. If you can convince the passport authority about what you have mentioned, then the authority concerned may issue a second passport to you to visit different countries with opposite political views.
If he has demanded / accepted the bribe, he may still be charged under Section 7 and 13 of the Prevention of Corruption Act, 1988, though it all depends on the detailed facts of the case.
Please note that Explanation (d) to Section 7 is as under:
“(d) “A motive or reward for doing.” A person who receives a gratification as a motive or reward for doing what he does not intend or is not in a position to do, or has not done, comes within this expression.”