Dr. Ashok Dhamija

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  • I had recently replied to a similar question [GST on hospitals and doctors]. As mentioned therein, health care services by hospitals and doctors are exempt from the GST.

    But, if a doctor or hospital is also providing medicines to the patients, then such medicines would not be covered within the word “services” but would rather be covered under “goods”. For medicines as goods, GST is applicable generally at the rate of 5%.

    Your question is with regard to consumables used in treatment in hospital. Generally speaking, treatment within a hospital would involve “services”. If such consumables are used for providing the “services” of treatment to a patient in a hospital, such as, for example, consumables used during a surgery or during a medical test (such as CT-scan), they would be exempt from the GST.

    However, if certain consumables are separately sold to a patient and billed separately (such as medicines), they may be covered under GST if there is any GST chargeable on those consumables as “goods”.

         


    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.

  • As far as I understand, the regular employees of the Indian railways are civil servants of the Central Government and/or hold civil posts under the Government of India, under the provisions of Article 311 of the Constitution of India. They are also covered within the meaning of the expression “persons appointed, to public services and posts in connection with the affairs of the Union” under Article 309 of the Constitution.

    However, railway employees are not covered by the Central Civil Services (Conduct) Rules and the Central Civil Services (Classification, Control and Appeal) Rules, since they are specifically excluded from the operation of these rules, and also since there are separate rules for railway employee on the same subjects.

    Section 2(34) of the Railways Act, 1989, itself makes it clear that some of the railway servants are directly employed by the Central Government:

    “(34) “railway servant” means any person employed by the Central Government or by a railway administration in connection with the service of a railway including member of the Railway Protection Force appointed under clause (c) of sub-section (1) of Section 2 of the Railway Protection Force Act, 1957 (23 of 1957);”

    [Note: Please do not ask the same question repeatedly. You asked this question 4 times, twice on the Forum and twice by email, by changing the language slightly. Your duplicate questions have been deleted. You should have some patience. This reply is being given to you within about 13 hours of your first question, that too on a weekend, and during these 13 hours, you asked the same question 3 times more, by changing the language slightly. Please refrain from bombarding us with repeated questions on the same issue. Otherwise, we shall be forced to block you from the Forum.]

         


    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.

  • in reply to: private complaint for cheating 420 #3432

    Why are you repeating your question, and that too in so much of detail? Please leave some time with me for answering other questions also. The same question should not be repeated again and again.

    You have already asked this question and a supplementary question, which I had replied and the same is available here: http://tilakmarg.com/forum/topic/please-help-eligible-for-criminal-prosecution/.     


    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.

  • I think I have already replied. What you have mentioned is the details of evidence. But, the basic principle remains the same.

    If the discharge application is rejected, it does not affect the subsequent trial in which evidence has to be led in detail and the case has to be proved on the basis of such evidence.     


    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.

  • Find out whether there is a rule to give appointment like this to dependents of freedom fighter, and also whether he qualifies for such benefit.

    Otherwise, as I mentioned earlier, a writ for quo warranto may be an option to challenge such appointment.

    Alternatively, you may also file complaint with the higher authorities or the vigilance cell, if any.     


    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.

  • Firstly, please also check whether such appointment has been made purely on ad hoc / temporary basis and whether under the rules it is permissible to make such ad hoc / temporary appointment without any examination.

    But, presuming that there is no such rule for ad hoc / temporary appointment also, without any examination, in that case one remedy for you is to challenge such illegal appointment by filing a writ petition of quo warranto in the high court under Article 226 of the Constitution. The writ of quo warranto can be filed to challenge the right of an individual to hold an office under the Government, i.e., a Government post, without having proper qualifications or requisites.

         


    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.

  • in reply to: Appeal in SC against acquittal in rape case #3416

    It appears that your question is about filing an appeal in the Supreme Court by the victim of the rape case against the decision of acquittal of the accused by the trial court and high court.

    Yes, the victim can file the Special Leave Petition (SLP) in the Supreme Court to challenge the order of acquittal of the High Court. The limitation period is 3 months for filing such SLP, and it appears that this limitation period has expired in your case, so an application for condonation of delay may also be filed along with the SLP.

         


    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.

  • in reply to: Police verification and filling of attestation form #3412

    If you had provided correct information, the prosecution would not have come in your way of getting job, since you have mentioned that you had already got acquittal in case. So, an acquittal would generally not come in the way of getting employment, more so, if you were juvenile at that time.

    But, giving false information may create problem, as I mentioned in my previous reply. Please consult some local lawyer or some other expert, by showing him all your detailed facts, including relevant documents, for getting correct advice. It is not possible for us to give a perfect advice on facts without even having seen the relevant documents.     


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.

  • in reply to: consequential relief as recovery of possession #3410

    Your question is not quite clear as it is not drafted properly. Please explain the question properly to get the answer.     


    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.

  • in reply to: Police verification and filling of attestation form #3409

    The very fact that you were charge-sheeted, whether rightly or wrongly, implies that you were prosecuted (even if you were acquitted later). The very fact that you were granted bail (even if on the same day) implies that you were arrested. If your age was mentioned wrongly in charge sheet and if you were juvenile at that, then you should contested the age claim at that time itself so that instead of the regular court, you would have been produced before the juvenile justice board, which may have been of help.

    In any case, you were supposed to give correct details in the attestation form or application form, for applying for the job or for joining service.

    If the police is able to get the details of your prosecution and arrest from its own records, it would mention the same in the police verification report. This may imply that you gave false information and it may perhaps lead to denial of job as well as action for furnishing false information. Even in future, if you get the job and subsequently it comes to the knowledge of the authorities that you had concealed such information, it may perhaps lead to action against 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.

  • It is not possible for the complainant to withdraw a case under Section 7 and 13(1)(d) of the Prevention of Corruption Act, 1988, and more so, when such case has already been charge sheeted. These offences are not compoundable and cannot be compromised by the parties.

    Quashing of the proceedings in these offences may not be permissible even by the High Court as per the guidelines laid down in the case of Gian Singh  v.  State of Punjab, (2012) 10 SCC 303 : AIR 2012 SC Supp 838 : 2012 Cri LJ 4934.

    You may try to file a discharge application in the trial court, on the basis of an affidavit of the complainant (if he makes it) supporting your case. But, here also, there is no guarantee that the trial court will permit it, and sometimes (depending on facts) there may be a risk that perjury proceedings may be initiated against the complainant himself.

    The only option that would be left open would be that during the trial, the complainant retracts his previous statement and turns hostile. But, remember, technically it is possible to convict the accused person even on the basis of the evidence of other witnesses, in particular the evidence of the shadow witness (the panch witness who accompanied the complainant during trap and witnessed the bribe demand and acceptance).

         


    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.

  • Since the order leading to decision to revise the questions in the examination for recruitment to the post of PDO was passed by the Karnataka Administrative Tribunal, you’ll have to challenge its decision by filing a writ petition in the Karnataka High Court under Article 226 of the Constitution.

    It may be advisable for you to engage some local lawyer in Bangalore, though it is not mandatory and you can file the writ in person also. Obtain a copy of the order of the tribunal, and explain the grounds in detail as to how the revision of the answers was not correct or whatever other grounds you have.

         


    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.

  • in reply to: Notice under Section 91 Cr.P.C. to produce document and appear #3401

    Under Section 91 of Cr.P.C., police is empowered to issue a notice either to attend and produce a document or thing, or to produce it (in which case personal appearance may not be necessary). This section is as under:

    91. Summons to produce document or other thing.— (1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

    (2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.

    (3) Nothing in this section shall be deemed—

    (a) to affect Sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers’ Books Evidence Act, 1891 (13 of 1891), or

    (b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.”

    You have not mentioned the necessary facts. It is not clear whether your father has been asked to produce documents belonging to the company in which he worked, though it appears to be so.

    If your father does not have those documents in his possession, he can go and appear before the officer concerned, who issued the notice, and explain to him that he is no more working in the said company and left the job about one year back and that the documents are not in his possession but in the possession of the company. The officer concerned, if satisfied, may then issue notice to the concerned officer of the company.

         


    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.

  • in reply to: partition of property – whether ancestral or self-acquired #3396

    Firstly, it is advisable for you to consult some local lawyer and show him the detailed papers and facts, in view of the complicated fact situation and also in view of the question as to which particular law applies to succession to property of your father-in-law. Moreover, you have not made it clear when did your father-in-law expire.

    Presuming that your father-in-law died after 2005, and that he is governed by Mitakshara law (which is generally the case), your question should become an academic question, in my view. This is because an amendment to Section 6 of the Hindu Succession Act lays down that where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005, his interest in the property of a Joint Hindu Family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under the Hindu Succession Act and not by survisorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and also that the daughter is allotted the same share as is allotted to a son.

    Even otherwise, from the facts mentioned by you, it appears that the property of your father-in-law would be divided in accordance with Section 8 of the Hindu Succession Act, as per which daughter will get equal share.

    However, as mentioned above, what I have mentioned is on the basis of incomplete facts. You should consult some local lawyer and show him the relevant documents / facts for a 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.

  • in reply to: Deconfirmation due to pending investigation in criminal case #3394

    Vigilance Clearance Guidelines of 2007 for Central Government servants are applicable with respect to (a) empanelment, (b) any deputation for which clearance is necessary, (c) appointments to sensitive posts and assignments to training programmes (except mandatory training). Vigilance clearance guidelines do not apply to confirmation of probation period, as far as I understand.

    The Supreme Court decision in the case of Union of India v. K.V. Jankiraman, (1991) 4 SCC 109 : AIR 1991 SC 2010, is basically in respect of sealed cover procedure which is used when the employee is due for promotion, etc. As far as I understand it is not applicable for confirmation of probation period.

    Office Memorandum No.22011/4/91-Estt.(A) the 14th Sept., 1992, issued by the Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training, following the above Jankiraman case judgment, is also concerned mainly with promotion, and the Subject itself shows: “Promotion of Government servants against whom disciplinary/court proceedings are pending or whose conduct is under investigation – Procedure and guidelines to be followed”.

    When a new employee joins service, his antecedents are checked and a police verification report is generally called for, on the basis of attestation form filled by the employee. Though I have not seen the relevant documents in your case, it appears that you are referring to such verification report and checking of antecedents. It may be difficult to apply the judgment on sealed cover procedure and the guidelines on vigilance clearance to the initial appointment on probation and its confirmation. The initial appointment itself is generally supposed to be subject to a satisfactory police verification and checking of antecedents.

    In any case, from what you have mentioned, it appears that the probation period has not been terminated but only that the decision on confirmation period has been kept pending in view of the pendency of the criminal case investigation. Since you have mentioned that a closure report has been filed by police in court, which is pending acceptance by court, I think you should have patience and the confirmation may follow after acceptance of the closure report by 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.

Viewing 15 posts - 16 through 30 (of 1,386 total)