Dr. Ashok Dhamija

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  • 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,—

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    (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.

  • I have already replied to this issue at the link: Drawers signature differs – whether cheque bounce case made out. Please read that. As I have mentioned in that answer, in a case where the cheque is returned unpaid by the bank on the ground that the signature of the drawer on the cheque differs from his specimen signature on record of the bank, a case of dishonour of cheque punishable under Section 138 may be made out if other ingredients of the offence are satisfied.

         


    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 is always advantageous to submit the written arguments at the conclusion of the case, wherein you can mention all your main points in respect of each and every piece of allegation and/or in respect of the evidence that has come against you.

    So, take every allegation and the evidence that has come on record against you, and then give a reply to it along with your defence and your explanation in respect of that. You can explain as to how such allegation is not substantiated on record by evidence.

    Section 314 of the Criminal Procedure Code also permits a memorandum of arguments to be submitted by each party in writing at the conclusion of the trial.

         


    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: EXPERT IN CRIMINAL LAW AND HELP NEEDY PERSONS #4814

    Usually, good books are prescribed in the syllabus of the LL.B. examination by the University. Unfortunately, many students would read only the shortcut books or question-answer series.

    Books mentioned in the syllabus are generally mentioned on the recommendation of the experts in the subjects concerned. They are recommended on the basis of what is required at the level of students. Such lists usually also include reference books if someone wants to study additional books beyond the recommended books.

    Please consult your syllabus and study those books.

    In addition, you can start reading judgments of the Supreme Court on important issues, if you want to learn more in detail. You can also read quality articles in the legal journals and online websites, which have been written by experts in the concerned subjects. You can get plenty of these articles free on the Internet.

    One gains expertise with experience over time. But, reading good material can help you sharpen your skills. Shortcut methods can only help pass the examination but may not add much to the knowledge and understanding.

    It is heartening to note that you are interested in acquiring real knowledge of law, instead of merely passing the examination. Wishing you all the best.

    Here is a list of some good books on criminal laws:

    Indian Penal Code:

    • Penal Law of India by Dr. Hari Singh Gaur
    • Indian Penal Code by Rattan Lal Dhiraj Lal

    Criminal Procedure Code:

    • Criminal Procedure Code by Rattan Lal Dhiraj Lal
    • Sohoni’s Criminal Procedure Code (5 Volumes)
    • Criminal Procedure by C.K. Takker ‘Takwani’

    Evidence Act:

    • Law of Evidence by Rattan Lal Dhiraj Lal
    • Law of Evidence by Avatar Singh
    • Law of Evidence in India by M.C. Sarkar

     

         


    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: Importance of written submission #4813

    Generally, the oral arguments are supposed to be brief. So, you can try to cover the main points in your favour in the written submission even if you could not get time to cover some of them in the oral arguments.

    Nobody can stop you from mentioning about the evidence in the written submission which had earlier been rejected by the court. Usually, it should be avoided if it has been rejected by a written order of the court.

    Not possible to understand your third 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.

Viewing 15 posts - 1 through 15 (of 1,901 total)