[Dr. Ashok Dhamija]

You have said the postal department has mentioned the address wrongly in the postal receipt, but the address on the envelope / letter (that you sent to the accused) would have been written by you and would have been written correctly. Since it would have been sent by registered post or speed post, you can check the status of the post online on the website of the post department to find out whether it has been delivered or not. Moreover, in case it is not delivered, the reason would be shown in the online status, and in that case the envelope / letter should come back to you if you have mentioned your own address correctly.

     

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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]

Last month, I have replied to exactly the same question which is available at the link: Service matter – whether railway employees are Central Govt civil servants. Please read that.

     

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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 I have pointed out earlier in How is the amount of alimony or maintenance computed on divorce?, it is usually experienced that the maintenance is generally fixed at 1/4 to 1/3 of the income of the husband, though this is not a hard and fast formula and the amount may be higher or lower than this in certain cases. There is no fixed arithmetic formula that is used for calculating the alimony. It depends on the facts and circumstances of each case. Based on a variety of factors, which depend upon the specific facts and circumstances of each case (i.e., there is no hard and fast formula), the amount to be provided as alimony or maintenance is decided by the court. Please read the above reply for more details.

     

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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]

Revision petition under the Cr.P.C. can be filed before the Sessions Court or the High Court. You have not mentioned which court has dismissed the revision petition. If the revision petition was dismissed by the Sessions Court, then you may file petition under Section 482 Cr.P.C. before the high court. However, if the revision petition was dismissed by the high court itself, then it may not be possible to file a petition under Section 482 Cr.P.C. before the same high 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.

[Dr. Ashok Dhamija]

Offences under Section 354A and Section 504 IPC are bailable offences. As regards Section 506 IPC, this offence is bailable in most states, barring a few states and the details can be seen in my reply which is available at the link: Section 506 IPC – whether bailable or non-bailable?

     

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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]

After SLP is filed in the Supreme Court, a diary number is given. And, after removal of defects, if any, a regular SLP number is given to that case. Normally, after getting a regular SLP number, the case is listed within about 10 days. As per the latest procedure for listing of matters in Supreme Court, applicable from May 2017, “Fresh admission cases registered from Saturday to Tuesday will be listed on the following Court working Monday or the notified miscellaneous day and fresh cases registered from Wednesday to Friday will be listed on next the following Court working Friday or the notified Miscellaneous day, from the date of removal of office objections, if any.”

For example, SLPs registered from 2 December 2017 (Saturday) to 5 December 2017 (Tuesday) would be listed on 11 December 2017 (Monday). And, the SLPs registered from 6 December 2017 (Wednesday) to 8 December 2017 (Friday) would be listed on 15 December 2017 (Friday).

See, the new scheme for automated listing of cases 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.

[Dr. Ashok Dhamija]

Limitation period to file a revision application before the high court against an order of the Sessions Court is 90 days.     

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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]

Discharge application will be under Section 239 of the Criminal Procedure Code.

Search the format of the discharge application on Internet. The format may vary slightly in different states. It may need verification and/or affidavit, depending upon requirements of a particular state. If you’re not familiar with court proceedings (as it appears), it would be advisable to engage some local lawyer.     

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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 note that in a criminal case, the burden lies on the prosecution (complainant) to first prove the charge. Therefore, the burden is first on your Bhabhi to prove her charges. Also, medical evidence is one piece of evidence, which may have to be corroborated by other evidence. You may engage a local lawyer who can properly advise you on the detailed facts of the case, since it is not possible to advise on facts without knowing the full facts of the case.     

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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 may have to file a revision application under Section 397/401 of the Criminal Procedure Code before the high court against the order of the Sessions Court under Section 29 of the Protection of Women from Domestic Violence Act [see, Full Bench decision of the Allahabad high court in Criminal Revision No. 582 of 2016 (Dinesh Kumar Yadav v. State of U.P.) decided on 27 October 2016]. Under the Cr.P.C., the Sessions Court does not have the power to review its own order except to correct a clerical or arithmetical error.

     

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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 I have noted in Can a person get passport during pendency of criminal case?, it is not permissible to have two passports at the same time and it is an offence. However, also see, Travelling to two opposing countries – requirement for 2 passports.

Please note that under the provisions of the Passport Act, 1967, one of the situations in which the passport authority may impound or revoke a passport or travel document is if the passport or travel document was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the passport or travel document or any other person on his behalf. It is also provided that if the holder of such passport obtains another passport the passport authority shall also impound or cause to be impounded or revoke such other passport.

While you have not mentioned the full facts, it appears that the passport authority might have taken possession of your passport(s) on the suspicion that you had obtained two passports by the suppression of material information or on the basis of wrong information provided. You’ll have to ascertain the correct factual position from the concerned passport authority. If the authority has already passed or is about to pass an order to impound or revoke your passport(s), you may have to challenge such decision before the appropriate court by justifying why and how you came to have two passports.

     

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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]

Recently, I had replied to a similar question, which is available at: PwD service matters. I think it fully covers your question also. Please read that reply.

     

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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]

Recently, I have replied to a similar question which is available at: Can Lok Adalat’s decision be challenged in HC through writ petition? Please read that.

So, as I have mentioned in the above reply, it should be clear that the award of a Lok Adalat can be challenged in the high court under Article 226/227 of the Constitution on limited grounds. Now, whether the person challenging such award had an evil intention or he did so without any valid document are issues that relate to facts of the case and can generally be decided after hearing of the matter by the court. If the court finds that there is no valid ground to file the petition to challenge the award, it will definitely dismiss such petition. Sometimes, it can be ascertained at the beginning of the writ petition itself (that there is no valid ground) while on other occasions the writ petition may have to be heard in detail to come to such conclusion. It all depends on facts of each case.

There is no specific time limit within which the execution proceedings can be completed and the award can be executed. It all depends on various things, and differs from case to case. But, if it is a family settlement and no party opposes it, the execution can be much faster than in other cases.

     

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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]

At the stage of charge-framing or discharge application, the court would generally form its opinion as to whether a prima facie case exists on the basis of the evidence submitted by the prosecution, which is generally what is submitted along with the charge sheet. What you have to show is that no case is made out even when the whole of the prosecution evidence is seen at its face value. This would imply that the prosecution does not have a prima facie case. Defence evidence is not allowed at this stage, since otherwise it would become like a regular trial. But, sometimes, in exceptional situations, some crucial defence documents have been considered at discharge stage itself, though this generally happened only in exceptional situations.

In the facts of your question, you may perhaps have to show that a main prosecution document (i.e., the original complaint) is not genuine and that can be proved only by showing the other copy of the same document. But, please also remember that the prosecution case would depend on the totality of evidence and not merely the complaint. You have to take a call in the facts of your case as to whether a forged complaint would demolish the complete case or whether there is some other solid evidence with the prosecution on which the prosecution could be said to have a prima facie case at this stage. If you are convinced of the case being in your favour and if the trial court does not agree to take your document on record at this stage, you can file a challenge before the higher courts, though the chances of success are limited at this stage (since the defence documents would normally not be allowed at such stage). Second option, of course, is to fight the case during trial wherein you can show your full evidence, including the forged complaint, as you have stated.

     

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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 not given details of the Supreme Court decision (such as case No. or party names), but it appears that you are referring to the decision of the Supreme Court at this link, which I have covered in a similar reply earlier that can be seen at: Regarding decision of Supreme court on deemed University.

If the Supreme Court has suspended / cancelled only the Engineering degrees awarded by certain deemed universities, then of course, other degrees awarded by these universities would not be affected at this stage.

Time period for filing review petition in Supreme Court is 30 days. However, you can file an application for condonation of delay, if you can explain the delay due to some genuine reasons.

Whether petitions can be filed in lower courts in a certain matter would depend upon the facts of the case, the type of issues involved, the remedy sought, etc. In general, writ petitions can be filed against such degrees in the high courts (under Article 226 of the Constitution) or in the Supreme Court (under Article 32 of the Constitution).

     

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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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