[Dr. Ashok Dhamija]

If your company has some ongoing cases, then you should definitely authorize some new officer to sign the court documents. This is necessary because there should someone who can sign documents such as affidavits, petitions, replies, rejoinders, etc., which may be required in connection with the pending cases.

However, if the previously authorized officer has already signed certain documents, such as vakalatnamas for advocates, there may not be any need to sign such documents again or afresh. Only new documents need to be signed by the new authorized 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. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Considering one-third of the gross salary as the minimum living expenses on food and clothing, etc., which could not be otherwise verified, started with the judgment of the Supreme Court in the case of Sajjan Singh v. State of Punjab, AIR 1964 SC 464 at p. 471 : (1964) 4 SCR 630 : (1964) 1 Cri LJ 310. In that case, the total receipts by the accused from his known sources of income appeared to be about Rs. 1,03,000/-. The Supreme Court held that one cannot live on nothing; and however frugally the accused might have lived it appeared to be clear that at least Rs. 100/- per month must have been his average expenses throughout the relevant years taking the years of high prices and low prices together. These expenses therefore cut out a big slice of over Rs. 36,000/- from what he received. Thus, while no general principle was laid down by the Supreme Court regarding the extent of the expenses of the accused to be considered, on the facts of the case, the expenses were considered to be approximately one-third of the total income of the accused.

It is not possible to get invoices for money spent on food, etc., some 20 or 30 years back. But, as Supreme Court pointed out, one cannot live on nothing. Accordingly, after this case, CBI and the State ACB’s have been considering one-third of the gross salary of the public servant as his basic expenses on food items, etc., during the period under consideration, which can otherwise be not verified. This formula has been used in a large number of disproportionate assets cases and the courts have generally accepted this formula.

Other verifiable expenses, such as on electricity, gas, petrol, education, insurance, etc., are considered separately based on the actual receipts or actual usage.

[Note: Some contents in this reply are taken from my book: Prevention of Corruption Act, Second Edition (2009), appx. 2250 pages, published by LexisNexis Butterworths, New Delhi (ISBN: 978-81-8038-592-6)].

     

---

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]

Your question is silent about the terms and conditions of the contract entered into by you with the company at the time of joining employment. Does it say three months’ notice before leaving the job? Does it give an option of 3 months’ salary payment in lieu of 3 months’ notice? Does it give such right to both parties or only to the employer?
So, it mainly depends on the terms of your contract of employment.
In any case, you may try to speak to the top management of your company. Sometimes, the middle level management may not like to take risk if there is no provision in the contract / rules. But, the top management may take a proper and holistic view of the issue, since what would the company get by keeping an unwilling employee for another 3 months and paying him salary also? Instead, it may be better to accept 3 months’ salary in lieu of such unwilling forced work for 3 months for which the company has to pay. So, if you meet the top management, perhaps you may get some solution to your problem, may be with some give and take.
     

---

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]

An offence of the nature of Section 498-A of IPC is generally of a continuing nature. Therefore, usually a single FIR is filed at any one of places where part of the offence might have taken place. Sometimes, there may be a situation that a specific act against the wife may be of such a serious nature (such as a serious injury in a single incident) that a separate FIR may be filed. But, generally, the practice has been to file a single FIR under Section 498-A of IPC against the husband, even though multiple FIRs may not be legally prohibited if each FIR can disclose a separate cause of action.

While full facts in your case are not known to me, from what you have mentioned it appears that filing of 4 different FIRs simultaneously now, after lapse of time, at 4 different place and different police stations, may perhaps be incorrect and instead of that a single FIR should have been filed.

Discharge in these cases would depend on the facts of each case, and generally, it may be difficult. Depending on the facts in individual cases, you may try quashing of FIR or discharge, as the case may be, on the basis of legal advice of your advocate who has seen the details of your case. But, you can definitely file a petition before the high court to club all these 4 FIRs together in a single police station. If these FIRs are in different states then you may have to approach the Supreme Court for this purpose. In this regard, Section 219 of the Criminal Procedure Code may come to your help, if it is applicable to the facts of your case, which provides that: “When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three”.

     

---

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]

If the properties of your husband are self-acquired properties, then your son and daughter will continue to have succession rights in those properties even after your divorce. The decree of divorce, as and when it is awarded, would be between you and your husband. As regards the children, they will continue to be lawful children of your husband even after divorce, even if they live with you after divorce.

However, your husband may dispose of the property during his life time, either before or after the divorce in which situation the right to succession may be a meaningless right.

It may, therefore, be advisable to claim sufficient maintenance / alimony / one-time payment, at the time of divorce or at the time of negotiated settlement, keeping in view of the properties of your husband and the interests of your children and yourself.

     

---

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 file a complaint to the Internal Complaints Committee of your company, set up under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. During pendency of the inquiry into your complaint, you may seek protection in the form of transfer, leave or other relief so that you would not be harassed merely because you have made a complaint (this is permissible under the above Act). Various duties have been cast on the Employer (the company in your case) under the said Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act.

Depending on the nature of acts of committed by your senior manager, offences under Indian Penal Code may also have been committed, including Section 509, 354-D of IPC, or may be other offences also. Therefore, you may also report to the police, if so.

It is true that sometimes one may feel insecure merely by the feeling of giving a complaint against one’s senior. But, given the present laws that protect a woman’s interests, perhaps you may be more secure if you file a written complaint against the person responsible even if he is your senior. Also seek protection after giving complaint. Keep copies of all complaints given, with acknowledgements.

If possible, you may record audio / video of the attempts to harass you by your mobile phone, which may act as proof in support of your complaint.

     

---

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]

Depending on facts, it may amount to offence under Section 509 IPC (Word, gesture or act intended to insult the modesty of a woman), 354-C IPC (Voyeurism), 354-D IPC (Stalking).

Depending on the facts of the case, it may even amount to an offence under Section 66-E (Punishment for violation of privacy) of the Information Technology Act.

Or, depending on facts, if it is a completely innocent act without any guilty intention, it may amount to no offence at all, even though it may be an act against decency and may be a discourteous act.

     

---

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]

Naturally, the trial court is supposed to go through all documents before convicting a person.

Once a case goes to the court as a police charge sheet, evidence is adduced in court by the public prosecutor and not by the private complainant. 

You are presuming too much. It appears that your trial is yet to start and you are thinking of getting bail after conviction and even filing appeal before Supreme Court! Do not strain your mind unnecessarily. It may take years for the trial to complete due to large pendencies in courts. Defend your case properly and engage a good advocate to take care of your case. By the way, bail after conviction is possible. Search Tilak Marg for articles / replies on that 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.

[Dr. Ashok Dhamija]

As per the instructions, life certificate is required to be submitted in the month of November every year to keep getting pension or family pension. If the life certificate is not submitted in November, family pension may be stopped.

However, the life certificate can be submitted subsequently, if not submitted in November, and thereafter the family pension may be resumed and you may also get the arrears. For any doubt or clarification, contract the branch of the bank wherein your family pension is paid.

     

---

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]

(1) Once the case is charge-sheeted and charges are framed by court, it is not possible to make altogether new allegations in the same case. However, a different / new case can be registered.

(2) As per legal provisions, where an offence is alleged to have been committed partly in one area and partly in another, the FIR can be registered in either area. Legally speaking, even if only a small part occurred in one area and a major part of the offence occurred in another area, the FIR can be lodged in the first area. Of course, if you feel that no part of the offence took place in Kolkata, then it is a different thing and you can show that in your defence evidence. At this stage, if the complainant has mentioned some incidents occurring in Kolkata, and there is prima facie evidence to support it, the police may act on that, but you can disprove that.

(3) If specific dates / times of the alleged incidents are not mentioned, then you can appropriately use them to your advantage in the cross-examination. Without actually seeing the detailed evidence produced by prosecution, it is not possible to comment whether or not the case is fit to be discharged by the courts. But, if you have been so advised by your lawyer who might have seen your detailed evidence, you can try for discharge.

(4) The court will judge the overall evidence, including the defence evidence adduced by you and the cross-examination conducted by you. If you feel that they are going to adduce false evidence, you can always confront them intelligently in cross-examination with the truth and expose their falsehood. Mother and father of your wife are interested witnesses, but there is no legal bar that conviction cannot be based on the evidence of the interested witnesses if such evidence is cogent and trustworthy and more so, if it is corroborated in material particulars by some independent evidence. But, ultimately, it is for the court to judge the evidence which has to analyse the evidence in detail.

(5) The court can rely on both oral and documentary evidence. Under law, there is no bar that only oral evidence (if reliable) cannot be made the basis of a conviction. It is not necessary and it may not practically happen in every case that documentary evidence should also be available in every case. It all depends on the nature of the case and the factual matrix of the individual case. There is no hard and fast rule.

(6) No doubt, there may be some corrupt judges, but not all judges are corrupt. There are a large number of very honest judges. Moreover, to use your own argument, if wife’s side can corrupt a judge, husband’s side may also be doing it. So, you cannot generalise like that. Have faith in the court. Do not presume so many unnecessary things on the basis of rumours, when apparently you have not even experienced your own case in the court. Try you best in the case and engage some good lawyer to defend 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 Dhamija]

The SMS text messages, WhatsApp messages, Mobile phone call recordings, call details, etc., are definitely important pieces of evidence. This is electronic evidence which can be proved either by submitting the original or by proving it as “electronic record” under the provisions of Section 65-B of the Evidence Act.

However, without seeing the actual evidence and without knowing the exact nature of the complaint (or offences alleged), it is not possible for anyone to confirm whether such evidence would be sufficient to prove the case. It depends on the facts and circumstances of each individual case. But, as I pointed out above, the above evidence can definitely be used by you. In addition, you have your own oral evidence also. You may perhaps professionally consult some lawyer by showing him the details of such evidence. Or, you can take a chance and file the complaint with police since you have no other option and in any case, the police will collect more evidence during investigation, such as obtaining records from the telecom operators. In fact, it is the duty of the police to collect whatever evidence is available, during investigation. If you are required to file a private complaint in the court, then of course the evidence will have to be provided by you to prove your 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.

[Dr. Ashok Dhamija]

Section 498-A of IPC uses the language: “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine”.

Since the language used is husband OR the relative of the husband, it quite clear that a complaint under Section 498-A IPC can be filed only against a relative of the husband also without naming husband also an accused in the same case.

Therefore, legally there is no bar for a daughter-in-law for filing a complaint under Section 498-A IPC only against her mother-in-law without including the name of her husband also as an accused in the same complaint.

     

---

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]

Removal of an auditor of a company before expiry of his term is governed by the provisions of Section 140(1) of the Companies Act, 2013. As per this:

• The Board of Directors of the company does not have the power to remove the auditor before expiry of his term.
• An auditor can be removed in this manner only by passing a Special Resolution at the general meeting of the company.
• It also requires the previous approval of the Central Government in that behalf in the prescribed manner.
• Moreover, the auditor is required to be given a reasonable opportunity of being heard before taking any such action under this provision.

As regards reporting the matter to the Institute of Chartered Accountants of India (ICAI) in respect of any misconduct of the auditor, you may file a complaint with them as per their procedure.

Section 140(1) of the Companies Act, 2013, is reproduced below:

“140. Removal, resignation of auditor and giving of special notice.—(1) The auditor appointed under Section 139 may be removed from his office before the expiry of his term only by a special resolution of the company, after obtaining the previous approval of the Central Government in that behalf in the prescribed manner:

Provided that before taking any action under this sub-section, the auditor concerned shall be given a reasonable opportunity of being heard.”

 

     

---

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]

I have covered this issue of requirement of sanction for prosecution under Section 197 of Cr.P.C. for an offence under the Prevention of Corruption Act in detail in my book [Prevention of Corruption Act, Second Edition (2009), appx. 2250 pages, published by LexisNexis Butterworths, New Delhi (ISBN: 978-81-8038-592-6)].

The law is well settled that no sanction is necessary under Section 197 of the Cr.P.C., for prosecution of a public servant for an offence of bribery due to the reason that a public servant in taking a bribe cannot be said to be acting or purporting to act in the discharge of his official duty. There are a large number of judgments on this issue and I have covered about 20 judgments of various courts on this issue in my above-mentioned book.

However, while sanction under Section 197 Cr.P.C. is not applicable for a corruption case, sanction under Section 19 of the Prevention of Corruption Act is still required to prosecute a public servant for a corruption case.

For example, way back in 1948, it was held by Bombay high court in the case of Lumbhardar Zutshi v. Emperor, AIR 1948 Bom 79 : 1949 Cri LJ 4 (DB), it was held that sanction under S. 197(1) was not required for a corruption offence on the ground that one cannot see how a Government servant in proposing, negotiating or accepting illegal gratification can ever be said to act in the discharge of his official duty, and that his actions are a complete negation of it.

The decision of the Federal Court in H.H.B. Gill v. Emperor, AIR 1947 FC 9 at p. 11 : 48 Cri LJ 165, is to the same effect. Likewise, the Privy Council in the cases of H.H.B. Gill v. The King, AIR 1948 PC 128 : 49 Cri LJ 503, and Phanindra Chandra v. The King, AIR 1949 PC 117 : 50 Cri LJ 395, had held that sanction under S. 197, Cr.P.C., is not necessary against a public servant on charges of bribery.

These two decisions of the Privy Council were followed by the Supreme Court in Ronald Wood Mathams v. State of W.B., AIR 1954 SC 455 : (1955) 1 SCR 216 : 1954 Cri LJ 1161, to hold that the sanction under S. 197, Cr.P.C., is not necessary for instituting proceedings against a public servant on charges of bribery.

Subsequent decisions of the courts in India are also on the same line that sanction under Section 197 Cr.P.C. is not required for a corruption case.

So, receiving an illegal gratification is not considered to be acting or purporting to act in the discharge of his official duty.

However, as I mentioned above, sanction under Section 19 of the Prevention of Corruption Act is still required to prosecute a public servant for a corruption case.

[Note: Some of above content has been taken from my above-mentioned book.]

     

---

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]

Though the complainant has the right to apply for cancellation of bail, it can be done only on certain specific grounds. Please note that the considerations for cancellation of bail are different from the considerations on which the bail is granted.

Usually, the bail can be cancelled on the following grounds (and, may be some more):

• The accused has absconded or is likely to abscond.
• He is threatening the witnesses or trying to win them over.
• He is destroying the evidence.
• He has committed a fresh offence after being released on bail, more so if the fresh offence is of the same nature.
• He has violated any other terms on which the bail was granted.

You have not mentioned in your question as to on what grounds the complainant has approached the high court for cancellation of your bail. Unless there exist some solid grounds for cancellation of bail, usually the high court would not interfere and would not cancel the bail which has been granted to you earlier.

     

---

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.

[Author]

Posts