Dr. Ashok Dhamija
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December 22, 2016 at 8:35 am in reply to: transfer petition for transfer of case from one state to another #972
Dr. Ashok DhamijaAdvocateYes, you can move the Supreme Court for transfer of the case from Bihar to West Bengal. However, the chances are generally less since in marriage-related cases, the Supreme Court takes the sides of women.
Secondly, you have mentioned that the cause of action of the offence occurred in West Bengal but the case is registered in Bihar. If no part of the cause of action has occurred in Bihar, then you can also challenge the matter in Bihar for quashing the case on this ground.
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 DhamijaAdvocateAs per the judgments of the Supreme Court, it should be possible to file a case if the cheuqe is dishonoured on second presentation.
If there is a RBI circular that prohibits the second presentation of the cheque itself, then it has to be seen and examined legally. Please send a copy of the RBI circular.
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 DhamijaAdvocateIf I have understood the question correctly, then the answer about the number of stages involved in SLP are as under:
(1) File your SLP. Get Diary No.
(2) Remove the defects, if any, pointed out by the Registry.
(3) After this, the regular SLP No. is given to your SLP.
(4) Thereafter, the SLP is listed before the Supreme Court judges (generally, a bench of two judges) for Notice.
(5) Most of SLPs are dismissed at this stage, i.e., first date itself, since generally SC refuses to entertain the SLP and to issue the notice.
(6) If notice is issued, the Respondents are asked to file reply.
(7) For completion of pleadings (such as filing of replies, service of notice, etc.), the SLP may now be listed before the Registrar Court in SC.
(8) After pleadings are completed and replies are filed, the SLP is listed before the SC bench (of judges) again.
(9) At this stage, the SC may decide the matter finally (either by dismissing it or by deciding in favour of the petitioner). Or else, the SC may grant leave in which case the SLP is now freshly registered as a Civil Appeal or Criminal Appeal, as the case may be.
(10) If the leave was granted, as mentioned above, the Civil or Criminal Appeal is now listed before regular bench for final disposal and the case is finally decided after hearing it in detail.
(11) Of course, there may be several adjournments at every stage.
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 DhamijaAdvocateYes, you can present the cheque again during the period of its validity and if it is dishonoured again, you should be in a position to file the case on that basis.
Please read our following articles / reply in this regard:
(1) Can a dishonoured cheque be presented again in bank for payment?
(2) Cheque dishonour under Section 138 N.I. Act when cheque presented multiple times in bank.
Secondly, as mentioned in my earlier reply to another question, the court has the power to condone the delay if there are justifiable reasons [see: Limitation period to file cheque bounce case u/S 138 Negotiable Instruments Act].
Also see this question and reply, which is relevant to your question: Delay in filing of cheque bounce case, can it be filed now?
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 DhamijaAdvocateIf the bye-laws of your society provide for payment of interest on the delayed payments (of repair fund), then they can claim interest from you.
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 DhamijaAdvocateA society has to be run on democratic principle, i.e., an elected executive body runs it. The members of the society can elect a new body consisting of good people, if most members share your view.
Secondly, if there is a mismanagement and violation of the provisions of the relevant laws, or byelaws of the society, there would be provisions in the relevant Society Act of your state to take action against the executive body of the society and make complaints to the concerned authority specified in the Act.
Thirdly, if the acts being done against you amount to any offence, you may complain to the police or file a private complaint in 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.
December 10, 2016 at 11:00 pm in reply to: Self defense was available but shot opened while snatching the licensed weapon #955Dr. Ashok DhamijaAdvocateIt may not be appropriate for us to give an opinion on issues of facts. Without seeing the detailed documents / evidence, it is not advisable to speak on facts. So, why don’t you consult some local lawyer by showing him evidence / documents?
Generally speaking, you can take the plea of self-defence if you were surrounded / attacked / chased by the opposite party and imminent danger existed to your life or property, as is mandated in the IPC in sections covering right of private defence. Try to cover your plea in cross-examination of prosecution witnesses, in your statement under Section 313 Cr.P.C., in your defence witnesses’ examination, and your written arguments in the end.
If you are not able to take the plea of self-defence and at the same time, the ingredients of offence under Section 299 or 300 are proved, then naturally the court may hold you guilty under Section 304 or 302 as applicable on the basis of facts. If you are able to prove the exercise of right of self-defence, then of course, you be either be acquitted or may be convicted only under 304 IPC instead of 302, depending on facts proved.
However, as mentioned above, do not depend on this general advice and engage some advocate with knowledge and show him the detailed evidence and documents for proper advice.
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 DhamijaAdvocateThese are issues of fact and no hard and fast rule can be laid down in this regard. You can take a defence depending on facts of your case and cross-examine the complainant with regard to the changes / improvements and get them marked.
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 DhamijaAdvocateIt is a matter of detailed evidence in a particular individual case whether the assets of near relatives can or cannot be included in the assets of the accused public servant. If it done, then the income of these relatives is also included in the income of the accused. As far legal provision under Section 13(1)(e) of the PC Act is concerned (which defines the offence of disproportionate assets), the assets of other persons can be included in the assets of public servant, if it can be proved that any other person was holding such assets on behalf of the public servant. Relevant part of this section is as under:
“…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.”
So, it is a matter of evidence which cannot be discussed on this forum. You may have to consult some lawyer on this issue by showing the relevant documents.
As regards, whether the suspension can be continued or ordered afresh in the assets case, I had merely pointed out that the authority may do so. Whether the authority will actually do so or not, is an issue that is within the authority’s discretion and I cannot comment about that. In any case, you can challenge the suspension in appropriate court / tribunal.
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.
December 9, 2016 at 11:57 pm in reply to: Regarding the hostile witness and his possible reasons to rely upon him #950Dr. Ashok DhamijaAdvocateThere are several judgments on the issue of hostile witnesses. For example, in the case of Mrinal Das v. State of Tripura, (2011) 9 SCC 479, at page 505, Supreme Court has held as under:
“67. It is settled law that corroborated part of evidence of hostile witness regarding commission of offence is admissible. The fact that the witness was declared hostile at the instance of the Public Prosecutor and he was allowed to cross-examine the witness furnishes no justification for rejecting en bloc the evidence of the witness. However, the court has to be very careful, as prima facie, a witness who makes different statements at different times, has no regard for the truth. His evidence has to be read and considered as a whole with a view to find out whether any weight should be attached to it. The court should be slow to act on the testimony of such a witness, normally, it should look for corroboration with other witnesses. Merely because a witness deviates from his statement made in the FIR, his evidence cannot be held to be totally unreliable. To make it clear that evidence of hostile witness can be relied upon at least up to the extent, he supported the case of the prosecution. The evidence of a person does not become effaced from the record merely because he has turned hostile and his deposition must be examined more cautiously to find out as to what extent he has supported the case of the prosecution.”
There are various other similar decisions of Supreme Court laying down the same legal proposition that the evidence of the hostile witness cannot be rejected merely because he has been declared hostile, and that the evidence of such a person does not become effaced from the record. The relevant portions of the evidence of a hostile witness can be made use of in appropriate situations, at least to corroborate the evidence of other independent witnesses in material particulars.
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 DhamijaAdvocateYou can definitely approach the court if the suspension is continued on wrong grounds. But, be aware that, if there is sufficient evidence in assets case and if it is charge sheeted, the authority concerned may pass suspension order in that case separately if you succeed in revocation of present suspension.
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.
December 9, 2016 at 10:49 am in reply to: I have to file a complaint against director of company they committed fraud #946Dr. Ashok DhamijaAdvocateYou can fight your own case. There is no problem.
Whether you can file the online FIR or not, will have to be checked from the State / City police concerned. Generally, it is advisable to file FIR by visiting the police station.
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 DhamijaAdvocateClause (a) of Section 142(2) is reproduced below, which should clear the doubt:
“(2) The offence under Section 138 shall be inquired into and tried only by a court within whose local jurisdiction,—
(a) 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; or”
So, the place where the branch of the bank where the payee maintains the account in which cheque is presented is the place where the case is registered. In your situation, it should be Bangalore, if your account is in Bangalore when you present the cheque in that account and it bounces.
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 DhamijaAdvocateJudgment of the Supreme Court in Ajay Choudhary case was in respect of a Central Government servant to whom the Central Civil Services rules were applicable. In those rules, there is a provision of review of the suspension within 90 days. Primarily, the legal principle laid down in the above judgment would definitely apply in the case of all Central Government employees.
The legal principle laid down in the above case may be applicable to employees of state governments also. More so, if the relevant rules for suspension in a state government also provide for review of suspension after 90 days.
But, I think, basic legal principle in the above ruling of Supreme Court should apply to state government servants also, even if there is no provision for review of suspension after 90 days. However, if there is a provision for review of suspension in state government rules, then the case for applying the above SC ruling becomes much stronger.
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.
December 8, 2016 at 11:29 pm in reply to: I have to file a complaint against director of company they committed fraud #939Dr. Ashok DhamijaAdvocateFrom the facts mentioned, you may have to file FIR in the police station concerned. In the worst scenario, if the police does not register the FIR, approach the SP of the district / DCP of the area. If nothing happens, you can directly file a private complaint in respect of the offence(s) committed to the Magistrate court having jurisdiction in your case. So, please file a criminal complaint in the police station for lodging the FIR.
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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