Dr. Ashok Dhamija
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May 9, 2018 at 4:55 pm in reply to: Flat possesion difficult as Co applicat my wife reduced to support #4710
Dr. Ashok DhamijaAdvocateWhat is your specific question? It is not clear.
However, if she is the co-owner of the flat, she will have right to the extent of her ownership in sale of the flat and/or possession of the flat.
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 DhamijaAdvocateFor filing a writ petition in a service matter in the high court, there is no limitation period. If the service matter is to be challenged in the Central Administrative Tribunal, the limitation period is one year, generally.
There is no limitation period for filing an RTI application, as far as I understand. For filing appeal against refusal to give information under RTI is 30 days.
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.
May 9, 2018 at 4:46 pm in reply to: Freedom from parental detainment and legal provision of live in relationship #4708Dr. Ashok DhamijaAdvocateIf the girl is adult (as you mentioned, she is 27 years of age), she cannot be forcibly detained even by her parents. Likewise, she cannot be forced by her parents to marry a particular individual against her will. She can approach the courts in this regard by filing a writ petition; she can do so through some friend etc. acting on her behalf.
The girl, if she is major, can have a live-in relationship with an adult boy, as held by the Supreme Court. It is permissible under law.
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.
May 9, 2018 at 4:27 pm in reply to: Whether it is necessary to give copy of written arguments to Opposite party ? #4707Dr. Ashok DhamijaAdvocateEvery party in a matter before the court has a right to get copies of the documents, evidence, arguments, etc., filed by other / opposite parties. There are a very few exceptions to this rule (such as when the investigation report of an undergoing case is submitted in a sealed envelope to the court by police). It is the basic principle of natural justice.
Secondly, the opposite party has the right to counter your arguments. You cannot expect to argue a case behind the back of the opposite party. It is in the best interests of every party that all parties are given opportunity to explain all issues in the case.
Therefore, if you are submitting any written arguments, then you are expected to give a copy to the opposite party so that it gets a chance to refute your arguments. You will also get a similar right to get copy of written arguments of your opposite party.
As the provision mentioned by you itself makes it clear, it is not necessary for you to give written arguments and you can make only oral arguments (but, here again, the opposite party has the right to listen to your oral arguments and reply to them).
The legal provision quoted by you [i.e., Rule 2 of Order 18 of the CPC] is reproduced below in full for your information:
“2. Statement and production of evidence.— (1) On the day fixed for the hearing of the suit or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case and produce his evidence in support of the issues which he is bound to prove.
(2) The other party shall then state his case and produce his evidence (if any) and may then address the Court generally on the whole case.
(3) The party beginning may then reply generally on the whole case.
(3-A) Any party may address oral arguments in a case, and shall, before he concludes the oral arguments, if any, submit if the Court so permits concisely and under distinct headings written arguments in support of his case to the Court and such written arguments shall form part of the record.
(3-B) A copy of such written arguments shall be simultaneously furnished to the opposite party.
(3-C) No adjournment shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.
(3-D) The Court shall fix such time-limits for the oral arguments by either of the parties in a case, as it thinks fit.”
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 DhamijaAdvocatePreviously I have answered a similar question which is available at the link: Defamation case for false 498A IPC case filed by wife. Please read that as it mostly covers your question, including the relevant exception contained in the definition of defamation under Section 499 IPC.
Secondly, whether a case of defamation is made out will depend on the detailed facts of an individual case. It cannot be generalised. You may please consult some local lawyer by showing him your relevant documents / details, and if so advised, you can file a defamation case against your father-in-law.
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 DhamijaAdvocateUnfortunately, you appear to be taking it too far. There are lakhs of cases registered in India for maintenance. Murder for getting maintenance is too far-fetched an imagination. In any case, there is law to take care if someone murders a person.
In your zeal to stop someone from getting the property, you want to harm the interests of your own son by giving away the same property to some trust or some other cause. In my opinion, one should not think too many imaginary things and you should make a will in favour of your son and your other legal heirs to whomsoever you want to give property after 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 DhamijaAdvocateI have already replied to your queries. In your first question, you should have mentioned that not only FIR is filed but even charge sheet has also been filed.
Nowadays, provisions relating to arrests have been made strict by amendment of law in 2009/2010. Power of police to arrest have been curtailed.
As I explained earlier, we cannot reply on the detailed facts of an individual case. You have to consult some local lawyer if you do not have the expertise yourself and show him all 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. List of his Quora Answers. List of his YouTube Videos.
May 9, 2018 at 7:37 am in reply to: Need valuable suggestions for transfer petition in supreme court #4696Dr. Ashok DhamijaAdvocateIt all depends on the facts of an individual case. Please consult some lawyer by showing him all your 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. List of his Quora Answers. List of his YouTube Videos.
May 8, 2018 at 10:27 pm in reply to: Cheque bounce – want to fight own case by discontinuing advocate #4695Dr. Ashok DhamijaAdvocateFor discontinuing your existing advocate and for fighting the case on your own, you have to discharge your advocate from the case. File a simple application before the court, informing the court that you have discharged your advocate and you want to fight your own case. Once the court takes it on record, you can start appearing in your own 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.
May 8, 2018 at 5:00 pm in reply to: Discharge n govt job – whether mandatory to show in police verification form? #4691Dr. Ashok DhamijaAdvocateIf there is a specific column in the police verification form (usually, there is) asking you whether any criminal case or FIR was registered against you at anytime in the past, then it would be mandatory to give details of the case. However, you can provide further details mentioning that you have been discharged from the case on the ground of the complaint being false (or whatever other reason is applicable).
You should not conceal any relevant information in the police verification form.
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 DhamijaAdvocateOn the one hand, you are saying that your daughter in law is demanding half of the property to settle the case, which means that it would be in the near future. On the other, you are talking of will, which does not come into effect immediately. It is difficult to reconcile the two.
Settling the case is up to you. If you do not want to settle the case, it is not binding on you. However, in that situation, you may have to face the cases, if any, which are to be settled.
Thirdly, usually, maintenance would be awarded against your son from out of his sources of income. Maintenance may not include share in the property, unless you yourself agree for that by way of settlement.
Further, you have said that your grandson is with your daughter in law, and you have also said that you want welfare of your grandson. The maintenance that she may be demanding may also be including maintenance for your grandson who is with her. So, unless and until the custody of your grandson is legally transferred to your son, a reasonable amount of maintenance may rather be favourable for your grandson’s well-being.
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.
May 8, 2018 at 4:44 pm in reply to: Value of contents of evidence-by-way-of-affidavit untested by cross-examination #4688Dr. Ashok DhamijaAdvocateSince it is her own affidavit, I think it may possibly be used against her, even without cross-examination, as she is supposed to be bound by her statement made on oath or affirmation (as the affidavit is supposed to be).
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.
May 7, 2018 at 10:24 am in reply to: Transfer TA – only one-third TA paid on ground that family was not residing with me #4682Dr. Ashok DhamijaAdvocateI have tried to search the relevant guidelines applicable in the Kendriya Vidyalaya in this regard. However, in spite of my best efforts, I could not get such guidelines on the Internet. You’ll have to make enquiries from the concerned department itself and request them to provide you the copy of the relevant rules / guidelines on the basis of which less amount has been paid to you. In the absence of having seen the relevant guidelines, it is not possible for me to guide you 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. List of his YouTube Videos.
May 7, 2018 at 10:03 am in reply to: payment of gratuity -central/state govt.employees discriminated #4681Dr. Ashok DhamijaAdvocateIt is not possible for us to tell you what is the justification for unfavourable formula used by the Government for paying gratuity to government employees vis-à-vis private sector employees, etc. It is a policy decision of the Parliament / Government, which may perhaps have been taken based on various factors (including various other benefits of a government service). You may ask the Government to explain the justification for such discrimination.
Legally speaking, reasonable classification is permissible under Article 14 of the Constitution which guarantees right to equality.
However, if you feel aggrieved, you can try challenging such discrimination in the high court by filing a writ petition, though the chances of success would be limited.
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 DhamijaAdvocateI cannot reply on the detailed facts of the case, as to who is responsible and who is not, without having seen the detailed documents / facts of the case. But, I may point out generally that if a flat has been sold by misrepresentation of facts and with dishonest intention, as you have stated, then it may amount to an offence of cheating under Section 420 of IPC. If the police is not taking action on such complaint, then that is not the end of the matter; you can approach the Magistrate under Section 156(3) of the Cr.P.C. to direct the police to investigate the case, or else you can file a private complaint in the Magistrate court and prosecute the accused yourself.
You can also file a civil suit against those responsible.
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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