Dr. Ashok Dhamija

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  • in reply to: Second marriage without divorce in the first marriage #1685

    From your name (as seen from your email), you appear to be a Hindu. So presuming that the man with whom you want to get married is also a Hindu, let me point out that a second marriage is not possible for that man till the first marriage continues to be legally valid. Unless the first marriage comes to an end (either by way of a divorce or by being declared as null and void or by an unfortunate demise of the spouse), he cannot have a second marriage with another person. Second marriage for him during the lifetime of the first wife would be punishable as bigamy under Section 494 of the IPC, which is considered as a serious offence, since the punishment is up to 7 years’ imprisonment.

    Of course, you would not be committing any offence if you marry him since it would be your first marriage. But, for him, this marriage would be the second marriage while the first marriage is still legally valid and it will be during the lifetime of the first wife; thereby making him liable to punishment under Section 494 of the Indian Penal Code (IPC).

    Section 494 of the IPC is as under:

    494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

    Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction,

    nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.”

     

         


    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. List of his YouTube Videos.

    Section 4 of the Indian Penal Code (IPC), inter alia, provides that where any offence is committed by any citizen of India in any place outside India, it may be considered to be an offence committed within India.

    You have not made it clear in your question as to whether you continue to be a citizen of India. If yes, then theoretically or legally speaking, acts committed by you even in USA which amount to an offence under 498-A of IPC may be considered under Section 4 IPC to be an offence committed in India and FIR can be lodged in India with regard to such offence in India.

    However, Section 188 of the Criminal Procedure Code provides that no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government. So, the previous sanction or approval of the Central Government would be necessary for prosecuting you for any such offence.

    Please also read: Can case be registered in India for offence occurring in foreign country?

    Section 4 of the Indian Penal Code is reproduced below:

    4. Extension of Code to extra-territorial offences.—The provisions of this Code apply also to any offence committed by—

    (1) any citizen of India in any place without and beyond India;

    (2) any person on any ship or aircraft registered in India wherever it may be;

    (3) any person in any place without and beyond India committing offence targeting a computer resource located in India.

    Explanation.—In this section—

    (a) the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Code;

    (b) the expression “computer resource” shall have the meaning assigned to it in clause (k) of sub-section (1) of Section 2 of the Information Technology Act, 2000 (21 of 2000).”

    Section 188 of the Criminal Procedure Code is also reproduced below:

    188. Offence committed outside India.— When an offence is committed outside India—

    (a) by a citizen of India, whether on the high seas or elsewhere; or

    (b) by a person, not being such citizen, on any ship or aircraft registered in India,

    he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found:

    Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.”

     

         


    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. List of his YouTube Videos.

    No, it is not mandatory or necessary to file a caveat in the higher court when you win a case in the lower court. It is optional and depends on your choice.

    In the facts of your case, if the case that you have won in the high court is very important for you, and if an interim order or stay granted against you by the Supreme Court can adversely affect you, then you should file a Caveat in the Supreme Court. The advantage of caveat would be that you’ll get an opportunity to appear in the Supreme Court if and when your opponent’s case is listed before that Court and also to oppose the grant of any interim order or stay order. So, you’ll not be taken by surprise and no interim order would be passed against you in your absence.

    However, if there is no likelihood of any interim order or stay being passed against you due to the nature of the case, or such interim order, etc., is not likely to adversely affect you, or the case is not very important for you, then in such situations, there may be no need to file a caveat in the Supreme Court. Even without a caveat, the case will not be finally decided by the Supreme Court in your absence, and you’ll be given opportunity to defend the case and you’ll get notice of the case from the Supreme Court if it decides to hear the 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. List of his YouTube Videos.

    Your case is covered within the provisions of Section 178 of the Criminal Procedure Code since it consists of several acts done in different local areas. In such a situation, the FIR can be lodged in any one of the areas where the offence has taken place, i.e., where any of these several acts has taken place. In particular, in your case, the FIR can be lodged either at Jaipur or Delhi or Lucknow.

    It is advisable to file only one FIR at any of these places, instead of filing multiple FIRs at various locations as above. This single FIR can take care of all these acts.

    Section 178 of the Cr.P.C. is reproduced below:

    178. Place of inquiry or trial.— (a) When it is uncertain in which of several local areas an offence was committed, or

    (b) where an offence is committed partly in one local area and partly in another, or

    (c) where an offence is a continuing one, and continues to be committed in more local areas than one, or

    (d) where it consists of several acts done in different local areas,

    it may be inquired into or tried by a Court having jurisdiction over any of such local areas.”

         


    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. List of his YouTube Videos.

    Under Section 67 of the Information Technology Act, any person who publishes or transmits in the electronic form, any obscene material is punishable with imprisonment up to three years and with fine which may extend to five lakh rupees. For subsequent convictions, there are enhanced punishments. The above offence also includes uploading any such obscene material on the Internet, including on Facebook website.

    Likewise, Section 67-A of the said Act makes it punishable for any person who publishes or transmits in the electronic form any material which contains sexually explicit act or conduct with imprisonment up to five years and with fine which may extend to ten lakh rupees. Publishing or transmitting any such obscene material, etc., depicting children, or various other objectionable acts online with regard to children, are punishable under Section 67-B of the I.T. Act with imprisonment up to five years and with fine which may extend to ten lakh rupees. For subsequent convictions under both these sections also, there is enhanced punishment. These two sections are also applicable to uploading any such material on the Internet, including on the Facebook.

    All these offences are cognizable, which means that the police has the power to register FIR in these cases and investigate them without orders from the court.

    Complaints in respect of such cases can be made to the police. You can also inform the Facebook through their options for reporting abusive and objectionable material, whereupon such material may be blocked by them.

    These provisions from the Information Technology Act are reproduced below:

    67. Punishment for publishing or transmitting obscene material in electronic form.—Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.”

    67-A. Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.—Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.”

    67-B. Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form.—Whoever,—

    (a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct; or

    (b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner; or

    (c) cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource; or

    (d) facilitates abusing children online; or

    (e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children,

    shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either discription for a term which may extend to seven years and also with fine which may extend to ten lakh rupees:

    Provided that provisions of Section 67, Section 67-A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting representation or figure in electronic form—

    (i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting representation or figure is in the interest of science, literature, art or learning or other objects of general concern; or

    (ii) which is kept or used for bona fide heritage or religious purposes.

    Explanation.—For the purposes of this section, “children” means a person who has not completed the age of 18 years.”

         


    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. List of his YouTube Videos.

    in reply to: Where and how can I file anticipatory bail application? #1676

    An application for anticipatory bail can be filed in the High Court or in the Court of Sessions. It is advisable to first file such application in the Sessions Court, and if that court refuses to grant anticipatory bail, then to approach the High Court.

    Anticipatory bail can be granted in respect of a non-bailable offence only.

    Since offences under Section 498A and 406 of IPC are non-bailable offences, you can apply for anticipatory bail in these offences.

    The provision for anticipatory bail is laid down in Section 438 of the Criminal Procedure Code, which is reproduced below:

    438. Direction for grant of bail to person apprehending arrest.— (1) Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors, namely:—

    (i) the nature and gravity of the accusation;

    (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;

    (iii) the possibility of the applicant to flee from justice; and

    (iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested,

    either reject the application forthwith or issue an interim order for the grant of anticipatory bail:

    Provided that, where the High Court or, as the case may be, the Court of Session, has not passed any interim order under this sub-section or has rejected the application for grant of anticipatory bail, it shall be open to an officer in-charge of a police station to arrest, without warrant the applicant on the basis of the accusation apprehended in such application.

    (1-A) Where the Court grants an interim order under sub-section (1), it shall forthwith cause a notice being not less than seven days notice, together with a copy of such order to be served on the Public Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being heard when the application shall be finally heard by the Court.

    (1-B) The presence of the applicant seeking anticipatory bail shall be obligatory at the time of final hearing of the application and passing of final order by the Court, if on an application made to it by the Public Prosecutor, the Court considers such presence necessary in the interest of justice.

    (2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including—

    (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

    (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

    (iii) a condition that the person shall not leave India without the previous permission of the court;

    (iv) such other condition as may be imposed under sub-section (3) of Section 437, as if the bail were granted under that section.

    (3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1).”

     

         


    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. List of his YouTube Videos.

    in reply to: My wife denying me to meet my minor child, what to do? #1674

    You may have to approach the court for getting custody and/or visitation rights in respect of your minor child. The relevant legal provisions are reproduced below.

    In the case of Hindus, Section 6 of the Hindu Minority and Guardianship Act, 1956, lays down who can be the natural guardians of a Hindu minor:

    6. Natural guardians of a Hindu minor.—The natural guardians of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are—

    (a) in the case of a boy or an unmarried girl—the father, and after him, the mother : Provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;

    (b) in the case of an illegitimate boy or an illegitimate unmarried girl—the mother, and after her, the father;

    (c) in the case of a married girl—the husband :

    Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section—

    (a) if he has ceased to be a Hindu, or

    (b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi).

    Explanation.—In this section, the expressions ‘father’ and ‘mother’ do not include a step-father and a step-mother.”

    Then, Section 7 of the Guardians and Wards Act, 1890, permits the court to make order with regard to guardianship of a minor child:

    7. Power of the Court to make order as to guardianship.— (1) Where the Court is satisfied that is for the welfare of a minor that an order should be made—

    (a) appointing a guardian of his person or property, or both, or

    (b) declaring a person to be such a guardian,

    the court may make an order accordingly.

    (2) An order under this section shall imply the removal of any guardian who has not been appointed by will or other instrument or appointed or declared by the Court.

    (3) Where a guardian has been appointed by will or other instrument or appointed or declared by the Court, an order under this section appointing or declaring another person to be guardian in his stead shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of this Act.”

    An application for asking the court to make a guardianship order under above Section 7 can be made by a parent, amongst other persons, as permitted under Section 8 of this Act.

    Further, under Section 12 of the Guardians and Wards Act, the court has the power to make orders with regard to temporary custody of the minor child and also relating to visitation rights to meet such minor child, and this section is as under:

    12. Power to make interlocutory order for production of minor and interim protection of person and property.— (1) The Court may direct that the person, if any, having the custody of the minor shall produce him or cause him to be produced at place and time and before such person as it appoints, and may make such order for the temporary custody and protection of the person or property of the minor as it thinks proper.

    (2) If the minor is the female who ought not be compelled to appear in public, the direction under sub-section (1) for her production shall require her to be produced in accordance with the customs and manners of the country.

    (3) Nothing in this section shall authorise—

    (a) the Court to place a female minor in the temporary custody of a person claiming to be her guardian on the ground of his being her husband, unless she is already in his custody with the consent of her parents, if any, or

    (b) any person to whom the temporary custody and protection of the property of a minor is entrusted to dispossess otherwise than by due course of law any person in possession of any of the property.”

    Moreover, Section 17 of the Guardians and Wards Act lays down what are the matters which are to be considered by the court for appointing guardian of a minor child:

    17. Matters to be considered by the Court in appointing guardian.— (1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this section, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.

    (2) In considering what will be for the welfare of the minor, the Court shall have regard the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.

    (3) If the minor is old enough to form an intelligent preference, the Court may consider that preference.

    *      *      *

    (5) The Court shall not appoint or declare any person to be a guardian against his will.”

    So, in order to get custody and visitation rights, you may have to file an application to court under 7 and 12 of the said Guardians and Wards Act, 1890. In most states, such application is filed before the Family 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. List of his YouTube Videos.

    It may depend on the service to which you belong and the relevant laws / rules that govern that service and whether any specific limitation period is provided therein. For example, if you are in the Central Government service, then the time limit may be one year to challenge the termination before the Central Administrative Tribunal, as per the provisions of Section 21 of the Administrative Tribunals Act, 1985. For some other services, it may be 3 years, where there is no specific provision for limitation under the relevant law, since the Limitation Act, 1963, provides the period of 3 years for declaration that the termination from service was contrary to law [under Article 58 of Schedule 1 to the said Act].

    For example, in the case of Rajasthan SRTC v. Nand Lal, 1999 SCC (L&S) 658, in respect of an employee of the Rajasthan State Road Transport Corporation, the Supreme Court held that:

    “Under Article 58 of the Schedule to the Limitation Act, 1963, three years’ limitation is prescribed to obtain a declaration that termination of his services is contrary to law. The right to sue arises from the date of termination. The limitation of 3 years begins to run from the said date. The right to a declaration that his service was wrongfully terminated had arisen on 28-9-1979 and continued to exist till it expired by the efflux of time unless its running is interrupted by an order of a competent 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. List of his YouTube Videos.

    in reply to: Counting of suspension period for pension purposes #1670

    Yes, the suspension period for which subsistence allowance was paid by the Government has to be included for counting of the qualifying service for eligibility for pension.

    In this regard, it may be pointed out that in the case of Bibhuti Bhushan Chaudhary v. Union of India, (1997) 11 SCC 373, the Supreme Court held that:

    “Having regard to the fact that the petitioner has been paid the subsistence allowance for the period of suspension, the said period of suspension could not be excluded from the qualifying service for the purpose of computing pension of the petitioner and the pension payable to the petitioner should be calculated by taking into account the said period of suspension as part of his qualifying service. It is, therefore, directed that the petitioner is entitled to count the period of suspension as part of his qualifying service for the purpose of computing the pension payable to him.”

     

         


    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. List of his YouTube Videos.

    Removal and dismissal both result into a termination of service but every termination of service does not amount to dismissal or removal.

    In the case of dismissal, the employee is disqualified from future employment while in case of removal he is not debarred from getting future employment. For example, if the dismissal is from the Government service, the employee is disqualified from future employment under the Government.

    As regards pension, in the case of dismissal and removal both, no pension is admissible to an employee.

    In the case of Dattatraya Mahadev Nadkarni (Dr) v. Municipal Corpn. of Greater Bombay, (1992) 2 SCC 547 : AIR 1992 SC 786, the Supreme Court held as under:

    “…under the Constitution removal and dismissal stand on the same footing except as to future employment. In this sense removal is but a species of dismissal. Removal, like dismissal, no doubt brings about a termination of service but every termination of service does not amount to dismissal or removal.”

    “The only difference in the punishment of dismissal and removal is that in case of dismissal the employee is disqualified from future employment while in case of removal he is not debarred from getting future employment.”

    In the case of Shyamlal v. State of U.P., AIR 1954 SC 369, a Constitution bench of the Supreme Court held that:

    “As regards pension both dismissal and removal stand on the same footing, namely, that both of them entail loss of pension and even when a compassionate allowance is granted in either case such allowance is much less than the pension that had been earned. The only difference between dismissal and removal is that while dismissal ordinarily disqualifies the officer from future employment, removal does not.”

     

         


    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. List of his YouTube Videos.

    in reply to: Filing 498A IPC after divorce #1666

    Let me reply this question first from the legal point of view. The offence under Section 498A of IPC is punishable with the maximum imprisonment of 3 years. Therefore, the limitation period for the court to take cognizance of such offence is 3 years as per the provisions of the Criminal Procedure Code. Accordingly, if some incident had taken place within 3 years of your filing the complaint under Section 498A IPC and it took place during the period when the marriage was still legally valid, and if such incident makes out an offence under Section 498A IPC, then such complaint can be filed by you, even if you file the case after divorce. To reiterate, the offence must have taken place during the period when the marriage was still valid (i.e., before divorce) and secondly at the time of filing the complaint, a period of not more than 3 years should have lapsed; if so, then you can file the complaint even if the complaint is filed after getting divorce. This is so because an offence is not wiped off merely because of some subsequent event. So, subject to the above conditions, you should be in a position to file the complaint under Section 498-A of IPC even after the divorce.

    Having said that, let me now cover this question from practical point of view. Now that you have got divorce from your husband, it may perhaps be the time to move forward in life with a positive outlook and not get bogged down with the past. Filing a complaint against your former husband would keep you busy for many years in future, since the court proceedings take very long period of time to be over, and during all these years you would be living with those bad / bitter memories and experiences. So, if possible, why not forget the past and think of the future?

         


    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. List of his YouTube Videos.

    Firstly, please note that the Section 125 Cr.P.C. proceedings do not relate to an offence. These proceedings are for seeking maintenance. Therefore, merely because there is a Section 125 Cr.P.C. proceeding pending against you, does not mean that you are accused of any offence.

    Moreover, generally speaking, pendency of investigation or FIR may not come in the way of appointment. Conviction in a criminal case may of course be a different thing.

    Therefore, pendency of Section 125 Cr.P.C. proceedings may not come in the way of your getting a Government job.

    However, you must clearly and transparently mention the details of whatever case is pending against you in any court or with police, etc., in the forms required to be filled up at time of applying for any service related examination or at the time of appointment.

    It may be pointed out that giving any wrong or false information may render the applicant liable for disciplinary action.

         


    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. List of his YouTube Videos.

    in reply to: Can I travel abroad while on anticipatory bail? #1664

    You have mentioned that no restrictions have been put in place as bail conditions while granting you anticipatory bail. Usually, it is your right to visit abroad and if no restrictions have been imposed on you under the authority of law on your foreign visits, then your right remains there. One of the main condition for grant of bail is that you’ll cooperate with the investigation and will attend the court and investigation as and when required. Moreover, you are saying that the case is still under investigation and there are no court dates as yet. In such circumstances, your passport also would be with you and you might not have been asked to surrender your passport to police or court. In these circumstances, if your presence is not required for the purposes of the investigation and you can visit abroad and return in a short time to enable you to attend court / investigation, there should be no issue about your foreign visit. Still if you want to be on the safer side, you may inform the investigation officer before going out.

         


    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. List of his YouTube Videos.

    It is laid down in Section 14 of the Copyright Act, 1957, that “copyright” means the exclusive right subject to the provisions of this Act, to do or authorise the doing of various acts in respect of a work or any substantial part thereof, which include “to make any translation of the work”.

    Therefore, it is the exclusive right of the copyright owner of a work to make or authorize the translation of the work. In view of this, you’ll need specific authorisation from the copyright owner to translate his work and publish it. Otherwise, it may be considered as a violation of his copyright.

         


    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. List of his YouTube Videos.

    in reply to: Registration of leave and licence agreement for 11 months #1654

    Registration of such an agreement for a period of less than one year is not mandatory under law. Therefore, it is not mandatory to register a leave and licence agreement which is valid for 11 months only. However, just ensure that it is done on the correctly valued stamp paper as applicable in your 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. List of his YouTube Videos.

Viewing 15 posts - 1,591 through 1,605 (of 2,167 total)