[Dr. Ashok Dhamija]

The Proviso to Section 49 of the Registration Act, 1908 provides as under:

“Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under CHAPTER II of the Specific Relief Act, 1877 (1 of 1877), or as evidence of any collateral transaction not required to be effected by registered instrument.”

Therefore, it should generally be possible to use an unregistered sale agreement relating to immovable property in a suit for specific performance.
     

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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.

[Dr. Ashok Dhamija]

You are requested please to contact some local lawyer at your place and show him all the relevant documents to get proper advice based on all documents. From what you have written, it appears that it should be possible for you to approach the appropriate court for getting justice.     

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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.

[Dr. Ashok Dhamija]

Normally, for such type of agreement, the stamp duty is to be paid to the State (as it is covered within the legislative powers of the state).

You may have to check the Stamp Acts of the concerned states, but, to the best of my knowledge, generally speaking it may have to be paid in the state in which the services are to be rendered. This is so because, for example, Section 3 of the Maharashtra Stamp Act, makes the following instruments charges with stamp duty (other states, generally, have similar provisions):

(1) every instrument which is executed in Maharashtra;
(2) every instrument which is executed out of Maharashtra, but which relates to any property situate or to any matter or thing done or to be done in Maharashtra.

In your question, it appears that the services would be rendered in Maharashtra, so it would be advisable to pay the stamp duty in Maharashtra, since it may be covered within the expression “to any matter or thing done or to be done”.

Maharashtra Stamp Act is available at this link: http://igrmaharashtra.gov.in/SB_PUBLICATION/DATA/acts/Maharshtra%20Stamp%20Act%2011.9.2014.pdf

With regard to your second question, you may have to examine the relevant Stamp Act to ascertain whether any specific stamp duty is payable or the general stamp paper of Rs. 100 would be sufficient. In fact, general stamp paper of an amount such as Rs. 100 (which may vary from state to state) is also basically stamp duty, but it is standardized rate for all sundry agreements for which no specific stamp duty is specified. Therefore, it is advisable to examine specific clauses in the Schedule to the relevant Stamp Act whether specific stamp duty for specific instruments is mentioned.     

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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.

[Dr. Ashok Dhamija]

As per bye-law No. 70 of the Model Bye-laws applicable in Maharashtra, a society can charge only simple interest. This provision is quoted below:

“70. A Member shall be required to pay simple interest at twenty one percent per
annum, or, at such lower rate as may be fixed by the General Body, on the
outstanding dues to the Society, from the date the amount was due as
prescribed under Bye-law no. 69, till full and final payment by the Member.”

You may also check the bye-laws of your society in this regard.     

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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.

[Dr. Ashok Dhamija]

Presuming that your grand-father died intestate (without leaving a will) and that it was not a joint Hindu family property, you and your mother do not get right in the property since your father is alive. This is in accordance with Section 8 of the Hindu Succession Act, read with the Schedule to the said Act, which are reproduced below for your information:

“8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this CHAPTER—
(a) firstly, upon the heirs, being the relatives specified in Class I of the Schedule;
(b) secondly, if there is no heir of Class I, then upon the heirs, being the relatives specified in Class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.

“Schedule
(See Section 8)
HEIRS IN CLASS I AND CLASS II
Class I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son 1[son of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son].

Class II
I. Father.
II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.
III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter.
IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
V. Father’s father; father’s mother.
VI. Father’s widow; brother’s widow.
VII. Father’s brother; father’s sister.
VIII. Mother’s father; mother’s mother
IX. Mother’s brother; mother’s sister.
Explanation.—In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.”

     

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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.

[Dr. Ashok Dhamija]

It should be possible to do it. You may file a review petition and request the high court to pass revised order in view of the fact that there is an error apparent on the face of the record.     

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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.

[Dr. Ashok Dhamija]

Yes, you can file appropriate proceedings against the PSU if they have not paid you for the work done, without any justifiable reasons.

In fact, not paying for the work done may also be violation of the fundamental right guaranteed under Article 23 of the Constitution, since it is a form of “begar” or “forced labour” as mentioned in that article. Let me point out that unlike most other fundamental rights which are available against “state” only, the fundamental right under Article 23 may be applicable even against a private entity.     

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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.

[Dr. Ashok Dhamija]

Presuming that the police officer has the legal power to call you to question you, you are supposed to attend. Right to silence is one thing (if you are accused, you have right not to answer the question that may incriminate you), but not attending when summoned to appear is another thing. It may also be possible that the police may be calling you as a witness and not as an accused person.

Have a look at the following legal provisions from the Indian Penal Code in this regard:

174. Non-attendance in obedience to an order from public servant.—Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same,
intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart,
shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;
or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

179. Refusing to answer public servant authorised to question.—Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

187. Omission to assist public servant when bound by law to give assistance.—Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both;
and if such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or of suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.     

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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.

[Dr. Ashok Dhamija]

Yes, in case of conviction in a corruption case by the trial court, the department has power to dismiss the Government servant even during the pendency of appeal before high court.

For example, Rule 19 of the Central Civil Services (CCA) Rules gives power to the competent authority to impose penalty on a government servant after conviction, even without conducting a regular departmental inquiry. This Rule is quoted below (other Governments have similar rules, generally):

“19. Special procedure in certain cases

Notwithstanding anything contained in rule 14 to rule 18-

(i) where any penalty is imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charge, or

(ii) where the disciplinary authority is satisfied for reasons to be recorded by it in writing that it is not reasonably practicable to hold an inquiry in the manner provided in these rules, or

(iii) where the President is satisfied that in the interest of the security of the State, it is not expedient to hold any inquiry in the manner provided in these rules,

the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit:

Provided that the Government servant may be given an opportunity of making representation on the penalty proposed to be imposed before any order is made in a case under clause (i):

Provided further that the Commission shall be consulted, where such consultation is necessary, before any orders are made in any case under this rule.”

Please also keep in mind when you file an appeal in high court against conviction, under Section 389 of the Cr.P.C., the high court has two types of powers:

(1) to suspend the sentence (which is like granting bail);

(2) to suspend the order appealed against (this should be equivalent to suspension of conviction, but in corruption cases, there are judgments, as per which even after the order appealed against has been suspended by the appellate court, the department may still impose penalty on convicted government servant).

Getting subsistence allowance from the Government would not be possible (during pendency of high court decision in appeal) if the Government dismisses you from service meanwhile. This allowance is given only during suspension. But, if the government servant is dismissed, then this allowance would not be given.

But, subsequently, if you win from high court, then depending on the high court decision, the period of dismissal may be considered as suspension period, and depending on orders of court, it may perhaps be possible to subsequently claim allowance during that period if it is considered as suspension period.

     

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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.

[Dr. Ashok Dhamija]

Please read the following article on Tilak Marg, which covers your question since that question also related to suspension of a bank employee: http://tilakmarg.com/answers/approaching-court-for-revocation-of-suspension-and-reinstatement-after-long-suspension/

You may approach the court / tribunal, if so advised, against your suspension order.     

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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.

[Dr. Ashok Dhamija]

There are judgments of the Supreme Court laying down 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. Please see this article for more details: http://tilakmarg.com/answers/consequences-of-stop-payment-on-cheque-dishonour-when-there-is-a-dispute-between-parties/

If your intention is seek only some more days to make the payment, as you have mentioned in your question, then even after the cheque bounces (due to stop payment or otherwise), the opposite party will be issuing a notice to you, and on the receipt of such notice, you can still make the payment (meanwhile, you arrange the payment). If you make the payment in this manner, there would be no case of cheque dishonour made out against you.

Proof of a loan (including a hand loan) does not merely depend upon the agreement in writing which might have been reached between the two parties. Hand loan can be proved by other evidence also (i.e., other than the written agreement).

Please also note that once you issue a cheque and it is dishonoured, there is a presumption under the Negotiable Instruments Act that the cheque was issued to discharge a debt or liability. Therefore, it would be presumed that you had issued the cheque to discharge the debt or liability. The burden would be on you to rebut this presumption and disprove this fact.

Keep these issues in mind.

     

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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.

[Dr. Ashok Dhamija]

You appear to be the Respondent in the case.

It is the duty of the Petitioner (and NOT of the Respondent) to remove the defects of filing in the Supreme Court registry. If the petitioner does not take appropriate steps, his SLP may get dismissed.

If the high court judgment is in your favour, and if sufficient time has passed, you can file a contempt petition in the high court if the order in your favour has not been implemented. Once you do that, the petitioner will rush to remove the defect in SC and will try to get a stay order from the SC.

Meanwhile, you can also file a caveat in the Supreme Court, if you so like, which will ensure that you are heard by the Supreme Court before any interim order (such as a stay order) is passed by the Supreme Court in the above SLP.     

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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.

[Dr. Ashok Dhamija]

Audio recordings are, generally speaking, admissible if they relate to relevant facts. However, the question is whether such recordings are reliable and how much weight can be placed on them. This would depend on the proof that you may have to give about their genuineness and identification of the voice and also that the audio recordings have not been manipulated.     

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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.

[Dr. Ashok Dhamija]

Firstly, you can adduce all such evidence that can prove your innocence. All relevant facts in the case are admissible in evidence.

But, evidence is required to be given during trial in the trial court. You should have given all such evidence (which can help to prove you innocent) in the trial court itself.

If you have given such evidence but the trial court has not considered it favourably, then you can definitely highlight it in your appeal in the high court.

But, if you have not given such evidence in the trial court, then generally it is very difficult to adduce new evidence during the appeal stage before the high court. However, you can try to convince the high court with the help of Section 391 Cr.P.C. which is reproduced below:

“391. Appellate Court may take further evidence or direct it to be taken.— (1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate, or when the Appellate Court is a High Court, by a Court of Session or a Magistrate.
(2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal.
(3) The accused or his pleader shall have the right to be present when the additional evidence is taken.
(4) The taking of evidence under this section shall be subject to the provisions of Chapter XXIII, as if it were an inquiry.”

     

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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.

[Dr. Ashok Dhamija]

You have the option to challenge the order of the division bench of the high court by filing SLP in the supreme court, if you are aggrieved by the high court order.

Since, it appears that the division bench of the high court has ordered de novo / fresh inquiry by department, the department can conduct such inquiry, unless you get the high court quashed or modified from the Supreme Court.

As regards payment of subsistence allowance during suspension, that appears to be wrong. You may go to appropriate court / tribunal for directing the department to pay the subsistence allowance.

[But, if the high court itself has stated in its order that the period of dismissal which has to be considered as under suspension, will be without any payment of subsistence allowance, then that may be a different issue, and in that case, you may have to challenge that in the supreme court.]     

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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.

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