Dr. Ashok Dhamija

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  • 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.

  • in reply to: OP came to court but not coming in front of judge #4812

    Whatever evidence you have against the opposite parties, you should give it to the consumer court / forum as per the procedure. Unless you give such evidence to the court, how will it know?

    It happens in many cases that parties take time and delay the matter. But, beyond a limit, it would not be possible. If the opposite parties are delaying the case beyond a limit and do not appear before the court, you can request for an ex parte hearing of the case, i.e., hearing in the absence of the opposite parties if they fail to remain present in spite of being served.

         


    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: MBBS ADMISSION #4807

    It is difficult to reply to your question, since the answer would depend on the nature of the order passed and issues involved. Please show the detailed papers of your matter to some local lawyer and take his guidance. In the absence of knowing the detailed facts, it is not possible for us to comment on facts of a 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.

  • The Department of Pension & Pensioners’ Welfare (P&PW) under the Government of India has clarified vide its OM. No. 1/2/07-P&PW(E) dated 02.09.2011 that in case the deceased government servant is not survived by a widow/widower or a child, the dependent parents become directly eligible to receive family pension. In cases where a deceased Government servant is survived by a widow/widower or a child, and the position changes subsequently because of death or re-marriage of the spouse and/or death or ineligibility of child/children, including a disabled child, the dependent parents become eligible for family pension. You can read the full O.M. online here.

    Deduction for the LIC premium paid is available for the purposes of the Income Tax Act under Section 80-C of the said Act only where the LIC premium has been paid for the individual (himself or herself), the wife or husband and any child of such individual. Such deduction is not available for LIC premium paid for the parents of the individual concerned. However, premium paid towards the Health Insurance of dependent parents may be allowed for deduction under Section 80-D of the said Act, subject to the limit of Rs. 15000.

         


    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: Illegal Collusion of DSP #4803

    The role of an accused depends on the detailed facts of a case. All the accused persons may not have the same role in a case.

    If you feel that the police officer is not conducting the investigation properly and is trying to shield the accused persons, you can first approach the senior police officers (like SP of the district). You may also request them to transfer the case to some other impartial police officer. If your grievances are not addressed by them, then you can try approaching the high court by filing a petition, seeking directions for a proper investigation, if necessary by transfer of the investigation to some other officer or to CID or the Crime Branch, etc.

         


    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: Order 7 Rule 11 of CPC repeated petition or amendment #4802

    In the case of U.P. SRTC v. State of U.P., (2005) 1 SCC 444 : AIR 2005 SC 446, the Supreme Court has held that the principle of res judicata is based on the need of giving a finality to judicial decisions. The principle which prevents the same case being twice litigated is of general application and is not limited by the specific words of Section 11 CPC in this respect. The Supreme Court further held that res judicata applies also as between two stages in the same litigation to this extent that a court, whether the trial court or a higher court having at an earlier stage decided a matter in one way will not allow the parties to reagitate the matter again at a subsequent stage of the same proceedings.

    Relying upon the above Supreme Court judgment, in a recent case decided by the Madhya Pradesh high court, in Mannu Raje Trust v. Mohd. Ajad, (2017) 2 MP LJ 300 (MP), has held that if at an earlier stage of the same suit, identical application under Order 7 Rule 11 of the CPC had been moved and the same had been rejected then the subsequent application under the same provision of law will not be maintainable being defeated by the principle of res judicata. It was further held that, even otherwise, if the grounds mentioned in the previous and subsequent applications under Order 7, Rule 11, Civil Procedure Code are different, then also the subsequent application would be barred by the principle of constructive res judicata as the ground raised in the subsequent application was available at the time when the previous/first application under Order 7, Rule 11, Civil Procedure Code was moved.

    In view of the above, it may not be possible to move a repeated application under Order 7 Rule 11 of the CPC in the same suit.

    As regards the second issue of amendment of the petition / application, you may try moving the court seeking an amendment to your petition, with justifiable reasons. If the court grants you permission for amending it, you may do so.

         


    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: Family Court procedure #4800

    Due to heavy pendency in courts and the number of judges being insufficient, delay happens in most cases. Nowadays, marriage related cases also remain pending for several years.

    It is not possible for us to comment on the facts of a case without having seen detailed facts of the case.

    You should see the progress of other cases in the same court and check which years’ cases are pending. If you are still not satisfied with the performance of your advocate, you can change your advocate.

         


    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: Preliminary enquiry vs Compulsory FIR #4799

    Please see our guidelines, we don’t reply to academic questions on this Forum. This Forum is meant to help people who have some legal issue of their own. We don’t have spare time to reply to academic questions; you can please do research on the issues involved through Google.

    In any case, in the Lalita Kumari case, the Supreme Court had referred to some types of cases in which a preliminary enquiry may be necessary before registration of FIR.

    In the judgment referred to by you for cases under SC/ST Act, the Supreme Court has laid down some safeguards in view of alleged misuse of the said Act, as mentioned by the court. This matter is already pending before the Supreme Court in a review petition. If you are aggrieved by this judgment, you can approach the Supreme 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.

  • in reply to: Time for appeal in highcourt in family matters #4796

    The limitation period to file appeal in a family matter would depend on the legal provision under which the appeal is filed.

    If the appeal is filed before the high court under Section 19 of the Family Courts Act, 1984, then sub-section (3) of this section provides limitation period of 30 days.

    If the appeal is filed under Section 28 of the Hindu Marriage Act, 1955, then the limitation period is 90 days.

    Limitation period is counted from the date of the order. However, the period between the date of application of certified copy and the date of actual delivery of certified copy is excluded.

    In your case, the date of order is 27 March 2018 and the date of getting copy of the judgment is 21 May 2018; however, you have not mentioned when did you apply for getting a certified copy. The actual time period taken for delivery of the certified copy of the judgment from the date of your application for certified copy is generally excluded while calculating the limitation period.

    However, if the judgment is first released on 21 May itself, then the limitation period may start from this date.

    You should consult your local lawyer with the detailed facts on this issue.

         


    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.

  • This usually happens in many courts. Many courts have very lengthy cause lists and the number of cases listed every day is generally large. Due to this, many a time, it is not possible for the court to hear all the matters which have listed for the day. In such a situation, further date is given.

    This problem is not specific only in your case, but in many of the cases. You have to be patient since the courts have huge pendencies and there are several vacancies in the posts of judges. Strength of judiciary is not sufficient to deal with the number of cases pending.

    However, if your case of an urgent nature, your lawyer can mention the case before the court, whereupon the court may give it an expeditious hearing if it is convinced by the argument of urgency.

         


    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: SLP – Getting SLP Number and Listing during vacation #4793

    Registry in the Supreme Court works during the vacations. So, the SLP Number may be given during the summer vacation also.

    However, the listing of the SLP before the regular bench of the Supreme Court will not be made during the vacation, unless it is an urgent matter and a specific request is made for its listing during vacation.

    Most of the SLPs are dismissed on the first date of hearing. So, yes, it is possible that the SLP could be dismissed on the first date of hearing.

    If the SLP is dismissed on the first date, without issuing notice, and without hearing the case in detail (as is generally the case), it may not be precedent for other cases.

         


    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.

  • Rule 6 of the Central Administrative Tribunal (Procedure) Rules, 1987, lays down as to before which Bench an Original Application can be filed by an applicant:

    6. Place of filing applications. – (1) An application shall ordinarily be filed by an applicant with the Registrar of the Bench within whose jurisdiction, (i) the applicant is posed for the time being, or (ii) the cause of action, wholly or in part, has arisen:

    Provided that with the leave of the Chairman the application may be filed with the Registrar of the Principal Bench and subject to the orders under section 25, such application shall be heard and disposed of by the Bench which has jurisdiction over the matter.

    (2) Notwithstanding anything contained in sub-rule (1) persons who have ceased to be in service by reason of retirement, dismissal or termination of service may at his option file an application with the Registrar of the Bench within whose jurisdiction such person is ordinarily residing at the time of filing of the application.”

    It appears that in your case the dismissal order might have been passed at Jhansi. So, you can file an Original Application in CAT only if:

    (1) You are residing in Delhi after your dismissal, which comes within the jurisdiction of CAT, Principal Bench, New Delhi.

    (2) OR, if you seek permission of the Chairman of CAT for filing OA in the Principal Bench at New Delhi (giving some justifiable reasons for doing so) and such permission is granted.

         


    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: FIR with IPC 337 #4788

    Section 6(2) of the Passports Act, 1967, deals with refusal of passport or travel documents on various grounds:

    “(2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of Section 5 on any one or more of the following grounds, and on no other ground, namely:—

    (a) that the applicant is not a citizen of India;

    (b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India;

    (c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;

    (d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;

    (e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;

    (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;

    (g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;

    (h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation;

    (i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest.”

    The conditions mentioned in clauses (e), (f) and (g) deal with your situation. Once the case against you is disposed of, thereafter clauses (f) and (g) may not apply. Moreover, if you are convicted and sentenced only with fine, as you have mentioned, for the offence under Section 337 of the IPC, then the condition mentioned under clause (e) may also not apply, since minimum punishment mentioned therein is 2 years’ imprisonment and since offence under Section 337 is not an offence involving moral turpitude as far as I understand.

    Therefore, as far as I understand, the sentence of only fine in an offence under Section 337 IPC may not come in the way of getting passport. Now, whether it would create a problem in getting Visa from any specific country, is an issue that you may need to enquire from the authorities of the concerned country or check from their laws or ask some travel expert.

         


    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 - 16 through 30 (of 1,904 total)