Dr. Ashok Dhamija

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  • Solvency certificate is generally issued by the revenue authorities, such as Tehsildar or Sub-Divisional Magistrate. Solvency certificate is issued to an individual, on his request, declaring his financial standing for the purposes such as standing surety in favour of somebody in a criminal case, for securing loans, for securing some business contract, etc.

    Such certificate may be issued on the basis of the (1) salary drawn from the Government, (2) the property owned by the individual, (3) his income tax returns, etc., or such other documents which can establish the financial standing of the individual concerned.

    For obtaining the solvency certificate, approach the concerned revenue authority in your area, along with all necessary documents (such as salary slips, property documents such as original sale deed, affidavit that such property has not been mortgaged, identity card, address proof, etc.) and make an application in the prescribed format, 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. List of his Quora Answers. List of his YouTube Videos.

    Section 149 of the Criminal Procedure Code is given below:

    149. Police to prevent cognizable offences.— Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence.”

    This section falls under Chapter 11 of the Cr.P.C., the heading of which is “PREVENTIVE ACTION OF THE POLICE”.

    It is clear from the above that while exercising powers under Section 149 of the Cr.P.C., the police is acting NOT on the basis of any cognizable offence actually committed already, but in order to PREVENT a future cognizable offence.

    Therefore, in spite of the fact that no cognizable offence has been registered by police against you, if the police officer concerned is satisfied that it is necessary to prevent commission of a cognizable offence (that may take place in the near future), he may take all necessary steps, to the best of his ability, to prevent such offence.

    The notice given to you by police under Section 149 Cr.P.C. should be seen in the light of the above.

         


    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.

    The limitation period for filing revision against any order passed under the provisions of the Criminal Procedure Code is 90 days, in accordance with Article 131 of the Schedule to the Limitation Act, 1963. This will apply also to the revision application against an order under Section 125 of the Cr.P.C.

         


    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.

    in reply to: Criminal case background check for government job #2628

    In a case of this nature (Section 324 IPC), in which you have already been acquitted by the competent court, I think you would not face problems in getting the government job, though it is ultimately for the appointing authority to take a call. At the same time, you should not conceal information about the case in the forms required to be filled up by you at the time of getting employment. If you conceal this information, that itself may amount to a misconduct or a ground for a future action against you by the department. But, if you disclose the information properly, also mentioning that you have been acquitted in the said case, there are good chances that you may be appointed to the job despite the said case. In the worst scenario, if the said job is declined, you can challenge the decision in the competent court or 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.

    A true copy or photo copy of the original document is “secondary evidence” under the provisions of the Evidence Act. This Act mandates that a document must be proved by its “primary evidence” which means that the original document itself should be produced in the court for its inspection. However, in certain situations, secondary evidence is also permissible.

    In the facts stated by you, the original document has been lost. This situation is covered in clause (c) of Section 65 of the Evidence Act. In this situation, any type of secondary evidence is admissible in court (out of five types of secondary evidence mentioned in Section 63 of the said Act), including production of the photo copy or true copy. However, for doing that, first you’ll have to show to the court that the original document has been lost; thereafter, you can produce the photo copy or the true copy of such document to prove the document.

         


    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.

    in reply to: Wrong entry in Form 26AS for Tax Deducted at Source #2626

    You should make an enquiry with the bank concerned as to the details of the TDS. It is quite possible that this TDS might be by mistake since your PAN number might have been quoted wrongly by some other depositor, or may be the bank itself committed some mistake. If you bring it to the knowledge of the bank, they may correct their mistake and rectify the TDS Return to reflect the TDS against the correct PAN number.

         


    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.

    Legally there is no bar on making alternative prayers of the type mentioned by you in your petition before the high court. However, if you add the alternative prayer of directing expeditious trial if the court does not quash the criminal proceedings, it may perhaps dilute the force of your main prayer.

    Usually, there is always a general prayer at the end, such as the following (the language may differ): “Grant such other and further relief as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice”. So, if your main prayer is not granted, then the high court can direct expeditious trial under such general prayer also, if pressed during the oral arguments. But, in any case, it is up to you if you want to include a specific alternative prayer as mentioned by 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.

    in reply to: QUASHING FIR U/S 482 CR.P.C. #2624

    The direction of the high court that no coercive steps be taken against the petitioner, also means that he should not be arrested. So, the police may not arrest the petitioner (against whom you lodged the FIR) till this order of the high court is in operation.

    Secondly, since the police has registered FIR on your complaint, it becomes a case filed by the State. Therefore, the State is supposed to defend the case filed by the petitioner in the high court and the public prosecutor will appear on behalf of the police. So, your presence in the high court (as the original complainant) is not mandatory. At the same time, if you so wish, you can intervene in the case before the high court, and file your reply and also engage an advocate to represent you. But, this is not mandatory and is optional.

         


    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.

    in reply to: Condonation of delay under criminal procedure code #2622

    Section 473 of the Criminal Procedure Code provides for condonation of delay in filing a complaint and permits the court to take cognizance of an offence even after the expiry of the period of limitation. This section is reproduced below:

    473. Extension of period of limitation in certain cases.— Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.”

    As can be seen from this section, there is no maximum limit for delay which can be condoned. It all depends on the facts and circumstances of the case and the court should be satisfied that the delay has been properly explained or that it is necessary to condone the delay in the interests of justice.

         


    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.

    in reply to: implead petition not filed in partition suit #2611

    The situation mentioned by you is covered under Order 22 Rule 3 of the Civil Procedure Code, which is reproduced below:

    3. Procedure in case of death of one of several plaintiffs or of sole plaintiff.— (1) Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit.

    (2) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate so far as the deceased plaintiff is concerned, and, on the application of the defendant, the Court may award to him the costs which he may have incurred in defending the suit, to be recovered from the estate of the deceased plaintiff.”

    So, in such a case, the suit may abate in so far as the deceased plaintiff is concerned if no application is made to substitute the legal representatives with the time limited by law.

    The legal effect of such abatement is laid down in Order 22 Rule 9 which is as under:

    9. Effect of abatement or dismissal.— (1) Where a suit abates or is dismissed under this Order, no fresh suit shall be brought on the same cause of action.

    (2) The plaintiff or the person claiming to be the legal representative of a deceased plaintiff or the assignee or the receiver in the case of an insolvent plaintiff may apply for an order to set aside the abatement or dismissal, and if it is proved that he was prevented by any sufficient cause from continuing the suit, the Court shall set aside the abatement of dismissal upon such terms as to costs or otherwise as it thinks fit.

    (3) The provisions of Section 5 of the Indian Limitation Act, 1877 (15 of 1877), shall apply to applications under sub-rule (2).

    Explanation.— Nothing in this rule shall be construed as barring, in any later suit, a defence based on the facts which constituted the cause of action in the suit which had abated or had been dismissed under this Order.”

    Therefore, where such suit has abated with regard to the deceased plaintiff, no fresh suit can be brought on the same cause of action. However, subject to limitation, the legal representatives may apply for an order to set aside the abatement of the suit.

         


    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.

    in reply to: IO does not want to testify #2610

    The trial court has sufficient powers to compel the appearance of a witness. Initially summons are issued to witnesses, but if necessary, the court can issue bailable or non-bailable warrant to ensure the presence of a witness whose evidence may be necessary for the case. Section 87 of the Criminal Procedure Code gives sufficient powers to the court in this regard. So, you may request the court to take necessary action in this regard to ensure the presence of the Investigating Officer.

    You have said that you have sufficient evidence to show that the I.O. has played fraud on the court. If that is the case then you may do the needful even if the I.O. does not remain present in the 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.

    in reply to: What is 313 Statement in criminal case u/s 420 IPC #2608

    Section 313 of the Criminal Procedure Code is reproduced below:

    313. Power to examine the accused.—(1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court—

    (a) may at any stage, without previously warning the accused, put such questions to him as the Court considers necessary;

    (b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case:

    Provided that in a summons case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b).

    (2) No oath shall be administered to the accused when he is examined under sub-section (1).

    (3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.

    (4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.

    (5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section.”

    On completion of the prosecution evidence, statement of the accused person is recorded under Section 313 Cr.P.C. He is asked generally in respect of the evidence which has come on record against him; a question may be asked about each item of evidence against him. Accused can give his answer in detail or in yes or no or he may even refuse to answer a specific question. He may also give a general explanation after specific questions. He is not cross-examined by any lawyer for any party on his statement under Section 313 Cr.P.C. This statement is directly recorded by the court.

    If you, as accused person, want to give any defence evidence on your behalf, such as some documents or produce some defence witnesses, you can do so after your Section 313 Cr.P.C. statement.

         


    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.

    What exactly is your question? Heading of your question asks about review of high court decision under Article 226. On the other hand, the main body of the question asks about review of Supreme Court decision under Article 32 of the Constitution!!!

    Do you really have a case for such issue or are asking an academic questions?     


    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.

    in reply to: CRIMINAL LAW BOOKS #2606

    Please visit any good law book store in your city. You may get plenty of books on these subjects, depending on requirements, several-volume-books to student-edition books.     


    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.

    in reply to: My email data stolen from my email account by fake login #2601

    This amount to hacking into a computer and is punishable under Section 66 of the Information Technology Act, 2000. Further, it may also amount to an offence under Section 66-C (identity theft) and under Section 66-B (dishonestly receiving stolen computer resource or communication device) of the said Act. Please note that “data” is also defined as “computer resource” in the said Act, and in your case your email details would amount to “computer resource”. You may file FIR for these and other offences, if any, with the concerned police authorities.

         


    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.

Viewing 15 posts - 1,141 through 1,155 (of 2,167 total)