Dr. Ashok Dhamija

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  • Section 2(2) of the Hindu Marriage Act, 1955, states as under:

    “(2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribes within the meaning of clause (25) of Article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.”

    Therefore, the Hindu Marriage Act contains a specific provision laying down that this Act is not applicable to members of any Scheduled Tribe. However, power has been given to the Central Government to issue a notification in the official gazette for making the provisions of this Act applicable also to the members of Scheduled Tribes. In the absence of any such notification issued by the Central Government, by virtue of above Section 2(2), the provisions of the Hindu Marriage Act shall not be applicable to members of Scheduled Tribes (ST). I am not aware of any such notification having been issued by the Central Government. Therefore, it appears that the divorce petition of tribal people cannot be filed under the Hindu Marriage Act.

    As an example of this, please read the judgment of Himachal Pradesh high court in the case of Ms. Sushma alias Sunita Devi vs. Shri Vivek Rai, [FAO (HMA) No. 229 of 2014, decided on 16 October 2014] [read the judgment].

    Also see, the case of Sobha Hymavathi Devi v. Setti Gangadhara Swamy, (2005) 2 SCC 244 : AIR 2005 SC 800, in which the Supreme Court indirectly accepted the proposition that divorce was permissible as per the custom prevailing in the community in the facts of that case wherein both parties to the marriage were members of the same scheduled tribe.

    In the case of Surajmani Stella Kujur (Dr) v. Durga Charan Hansdah, (2001) 3 SCC 13, a similar observation is seen pointing out that the provisions of the Hindu Marriage Act are not applicable to members of scheduled tribes, in the absence of a notification, and that a valid custom may govern the field.
         


    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: Can divorce case run in two separate courts simultaneously? #263

    From the description given by you, it appears that your appeal against rejection of your divorce petition by lower court is pending in high court. At the same time, your wife has now filed for a divorce petition in the lower court. Thus, it appears that both of you are interested in divorce, though may be on different grounds. In these circumstances, it would be advisable to file a divorce petition by mutual consent, which can be decided much faster than a contested petition and in an amicable manner. If both parties agree for divorce by mutual consent, then after filing such petition by mutual consent, other two cases can be withdrawn.

    The second option is that either of you can agree to the petition filed by the opposite party (since both petitions ultimately want divorce) and get the decree of divorce passed, and thereafter withdraw the other pending petition. The terms of divorce can be decided mutually.     


    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: 498A, 313, 323, 506, 504, 377, 34, 3, 4 #262

    From the facts mentioned by you, it appears that the police has directly registered the FIR in city A on the basis of the complaint given by wife. When the complaint discloses cognizable offence, there is no need for Magistrate’s order.

    Whether to file FIR in city B or go to Magistrate court with private complaint? It will depend on facts. The FIR has to be lodged in the city where the offence took place. It cannot be filed in other city. However, if the police refuses to register the FIR, then you can approach the Magistrate court with private complaint.

    Investigation starts immediately on filing of FIR. It can continue even when mediation is going on, except when there is a stay on investigation from a higher court.

    One cannot answer the question of influencing investigation in general. It depends on the facts of a case. If you have evidence that someone is influencing investigation with money, you can approach higher police officers or the courts.

    Please engage some local lawyer so that you can get proper guidance on all your issues.
         


    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: CIVIL LAWS IN RAS EXAM #253

    There are several daily orders in these matters. However, what may perhaps be relevant to you is the order dated 29.07.2008 of the Supreme Court in SLP (Civil) Nos. 18272-76/2008, in which it was directed that:

    “Until further orders, it is directed that the vacancies to be filled up from amongst Ex-Servicemen shall not be filled up from amongst the persons belonging to the other categories.”

    Thereafter, the above SLPs have been converted into regular appeals as Civil Appeal No(s). 2049-2053/2011, and certain other writ petitions have also been tagged with them. From SC website, it appears that these matters were lasted listed on 4 September 2015. However, you may please contact your lawyer to get more details to find out that whether there is any subsequent change in the status of these cases.
         


    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: cyber case issue #252

    Since a movie which has not been released so far may have been copied or stolen from the computer of the producers, downloading such a movie may perhaps be covered under Section 66-B of the Information Technology Act, 2000, which is reproduced below:

    66-B. Punishment for dishonestly receiving stolen computer resource or communication device.—Whoever dishonestly receives or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both.”

    Here, it may be pointed out that “computer resource” is defined widely to cover “data” also (which, in turn, may perhaps cover a downloaded movie), as shown below:

    “(k) “computer resource” means computer, computer system, computer network, data, computer database or software;”

    In addition, Section 43(3) of the above Act lays down as under:

    43. Penalty and Compensation] for damage to computer, computer system, etc.—If any person without permission of the owner or any other person who is in charge of a computer, computer system or computer network,—
    ***
    (b) downloads, copies or extracts any data, computer database or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium;
    ***
    he shall be liable to pay damages by way of compensation to the person so affected.”

    It may be pointed out that an act committed under above Section 43 may also be punishable under Section 66 of the said Act if other ingredients are satisfied, the relevant extract of which is as under:

    66. Computer related offences.—If any person, dishonestly or fraudulently, does any act referred to in Section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both.”

    In addition, downloading a movie illegally may also amount to violation of the relevant provisions of the Copyright Act, for which action may be taken under that 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.

  • in reply to: 498A, 313, 323, 506, 504, 377, 34, 3, 4 #201

    It is true that generally the law would favour the woman in matrimonial disputes. This is due to the reason that women have generally been suppressed. However, even though the law would generally favour the woman in matrimonial matters, it does not mean end of the road for a man. You can still fight the case on merits and get justice if you feel that you are the aggrieved party and have sufficient evidence to prove your innocence. How to prove your innocence – it will depend on the detailed facts of the case. You may keep all evidence in your favour ready and if need be, engage a good lawyer in your city and consult him.

    Nowadays, generally the courts have started taking a comparatively lenient stand in respect of relatives of the husband when the whole family of the husband is unnecessarily involved in a criminal case. This is more so, if some of the relatives are living abroad. While nobody can stop your wife from making allegations and filing FIR against relatives, it should be possible for you and your relatives (including female members of your family) to prove your innocence. You’ll have to fight the case in the courts and try your best to prove your innocence.

    If the SHO of the police station has not taken action on your complaint relating to abortion, you have the option of approaching the Magistrate court by filing a private complaint case or seeking direction to police to conduct investigation. If your complaint is genuine, you should be in a position to pursue it successfully.

    It should be possible for you to vacate the rental house. From the facts mentioned by you, there does not appear to be any legal hitch, such as stay from any court on this issue.

    Generally, in matrimonial matters, courts would suggest mediation. It is for the benefit of both parties if an amicable solution can be found. Otherwise, multiple litigations between the two parties may take a lot of time, energy, money from both sides, also leading to health issues. An amicable solution, at first instance, may appear to be difficult monetarily, but if you compare the long-term costs of multiple litigations, it may still be cheaper. Litigations continue for several years (sometimes for decades), with appeals, applications, revisions, and the like, from one court to another. However, mediation is not binding even if the courts have suggested it. But, if you don’t agree for mediation, then you should be ready to continue long-drawn litigations.

    If both parties cannot stay together, and also, if they do not agree to a divorce by mutual consent, then the only option is to file a divorce petition which would be opposed by the other party and continue with this litigation till logical conclusion. Normally, divorce by mutual consent is desirable and advisable instead of fighting the case for long durations.

    Generally, the right to stay in the shared house may be granted (see, section 17 of the Protection of Women from Domestic Violence Act, 2005, reproduced below). Right to claim ownership of the parental house may not be possible, generally speaking.

    17. Right to reside in a shared household.—(1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.
    (2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law.”

    Also see, Section 19 of the Protection of Women from Domestic Violence Act, 2005, which deals with “Residence orders”.

    If your parents, sister and brother-in-law were not staying with you and are not involved in the case, you can try for the quashing of the FIR as against them. Nowadays, the courts are generally sympathetic to these issues. Otherwise, even during police investigation, these facts can be shown and they may not be charge sheeted if there is no evidence against them.

    You don’t have to share your proof with me or any one else on this online forum. Please show your evidence to your local lawyer whom you have engaged for 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.

  • in reply to: Prosecution of Judges #199

    Please note that the judges have been given protection in the matter of performance of their official judicial duties. It is true that the judges can also commit mistakes. This is clearly seen from a large number of judgments of lower courts which are reversed by the higher courts on regular basis. However, please remember that it is presumed that the judge applies his judicial mind and generally such application of mind may be in a subjective manner. He decides a case on the basis of his own analysis of the factual matrix of a case and the application of the existing provisions of law to those facts (and, also interpreting those laws in the light of the decided case law). While doing so, he may commit some mistakes. But, such mistakes of judgment can be corrected by the higher courts. However, a judge cannot be prosecuted merely because his judgment was reversed, even if his judgment was perverse and his reasoning was incorrect. But, in appropriate cases, if it is found that a judge has deliberately given a wrong judgment in a mala fide manner, or for some consideration or motive (such as bribe), suitable action may be taken against him under law either under the appropriate criminal law (such as the Prevention of Corruption Act) or under departmental proceedings, etc. There have been several cases where judges (in the lower judiciary) have been removed from their posts, or even have been prosecuted for corruption. There are instances when impeachment proceedings were initiated even against a sitting Supreme Court judge or a sitting High Court judge for removal from his post.

    However, as mentioned above, judges cannot be prosecuted or acted against merely on the grounds of mistakes of judgment, or because their judgments were wrong or were reversed by higher courts. The law provides protection to them in this regard.

    For example, Section 1 of the Judicial Officers Protection Act, 1850, provides as under:

    1. Non-liability to suit of officers acting judicially, for official acts done in good faith, and of officers executing warrants and orders.—No Judge, Magistrate, Justice of the Peace, Collector or other person acting judicially shall be liable to be sued in any Civil Court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction:
    Provided that he at the time, in good faith, believed himself to have jurisdiction to do or order the act complained of; and no officer of any Court or other person, bound to execute the lawful warrants or orders of any such Judge, Magistrate, Justice of the Peace, Collector or other person acting judicially shall be liable to be sued in any Civil Court, for the execution of any warrant or order, which he would be bound to execute, if within the jurisdiction of the person issuing the same.”

    Likewise, Section 3 of the Judges (Protection) Act, 1985, lays down as under:

    3. Additional protection to Judges.—(1) Notwithstanding anything contained in any other law for the time being in force and subject to the provisions of sub-section (2), no court shall entertain or continue any civil or criminal proceeding against any person who is or was a Judge for any act, thing or word committed, done or spoken by him when, or in the course of, acting or purporting to act in the discharge of his official or judicial duty or function.
    (2) Nothing in sub-section (1) shall debar or affect in any manner the power of the Central Government or the State Government or the Supreme Court of India or any High Court or any other authority under any law for the time being in force to take such action (whether by way of civil, criminal, or departmental proceedings or otherwise) against any person who is or was a Judge.”

    Please note that there is a protection to the judges even for the words spoken by him while acting in the discharge of his duties.

    Please also note that even if an offence is allegedly committed by a judge during the discharge of his official duties, he cannot be prosecuted without first obtaining sanction for his prosecution from the competent authority as per the provisions of Section 197(1) of the Criminal Procedure Code (Cr.P.C.), which is reproduced below:

    197. Prosecution of Judges and public servants.— (1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013—
    (a) in the case of person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government;
    (b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government: …”.

    It may be pertinent to point out that such protection is provided to the judges only while acting in the discharge of their official duty, such as while exercising judicial functions.
         


    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 Against Supreme Court Order #198

    There is no provision of filing an appeal against a judgment of the Supreme Court. However, if you feel that the order of the SC in a particular case is legally wrong, you have the option of filing a Review Petition before the Supreme Court on some limited grounds, which is generally listed before the same bench.

    After the Review Petition is also unsuccessful, in certain situations, you can also file a Curative Petition before the Supreme Court. You can read more about the Curative Petition in this article: http://tilakmarg.com/notes/supreme-court-aor-examination-leading-cases-rupa-ashok-hurra-v-ashok-hurra-2002-4-scc-388/.

    But, please be aware that success rate in a Review Petition and/or Curative Petition is very less. For more details, please see: http://tilakmarg.com/answers/success-rate-of-review-petition-and-curative-petition-in-supreme-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.

  • in reply to: Advocates Act #194

    As far as I know, there is no restriction imposed in the Advocates Act, 1961, on an advocate on gifting his property. The Advocates Act is concerned mainly with the professional conduct of the advocate, in addition to their enrolment, qualifications, discipline, etc.

    Under the rules framed under the authority of the Advocates Act, there are certain restrictions placed by the Bar Council on any business being carried on by an advocate while also being engaged in practice as an advocate. But, as far as I have seen, there is no restriction on gifting of his property by an advocate to his relatives or to the HUF of which he is a member. In fact, such a restriction under rules made under Advocate Act may not be permissible since gifting of one’s property is a personal matter which is unconnected with the professional conduct as an advocate. However, if the HUF (of which the Advocate is a Karta and to which the Advocate gifts some property or money) is involved in doing some active business, then you may perhaps have to check the relevant rules / guidelines of your state bar council as to whether there are any restrictions on carrying on of a business by HUF of which the advocate is a karta. Different state bar councils may have different rules in this regard. In such a case, the doing of business may perhaps have to be at least reported to the bar council. As per my information, generally speaking, if you are only a sleeping member (i.e., not conducting the business yourself) of HUF, it may perhaps be permissible; but, you better check from your state bar council. But, in so far as your main question goes, i.e., relating to gifting to property or money to HUF, I don’t think there is any restriction on an advocate gifting his property or money to HUF of which he is Karta.

         


    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.

  • Yes. The Karta and members of a Hindu Undivided Family (HUF) can gift their personal income to the HUF. And, there is no limit on the amount of such gift. Moreover, there is no tax applicable on such gift.

    The amount so transferred by way of gift can be in the form of cash, jewellery or any movable property or also in the form of any immovable property. There is no tax on such gift if the gift is given to the HUF by the Karta or any member of the HUF.

    The relevant provision is contained in Section 56(2)(vii) of the Income Tax Act, 1961, the relevant part of which is reproduced below:

    “(2) In particular and without prejudice to the generality of the provisions of sub-section (1), the following incomes shall be chargeable to income tax under the head “Income from other sources”, namely:—

    (vii) where an individual or a Hindu undivided family receives, in any previous year, from any person or persons on or after the 1st day of October, 2009,—

    (a) any sum of money, without consideration, the aggregate value of which exceeds fifty thousand rupees, the whole of the aggregate value of such sum;

    (b) any immovable property,—

    (i) without consideration, the stamp duty value of which exceeds fifty thousand rupees, the stamp duty value of such property;

    (ii) for a consideration which is less than the stamp duty value of the property by an amount exceeding fifty thousand rupees, the stamp duty value of such property as exceeds such consideration:

    Provided that where the date of the agreement fixing the amount of consideration for the transfer of immovable property and the date of registration are not the same, the stamp duty value on the date of the agreement may be taken for the purposes of this sub-clause:

    Provided further that the said proviso shall apply only in a case where the amount of consideration referred to therein, or a part thereof, has been paid by any mode other than cash on or before the date of the agreement for the transfer of such immovable property;

    (c) any property, other than immovable property,—

    (i) without consideration, the aggregate fair market value of which exceeds fifty thousand rupees, the whole of the aggregate fair market value of such property;

    (ii) for a consideration which is less than the aggregate fair market value of the property by an amount exceeding fifty thousand rupees, the aggregate fair market value of such property as exceeds such consideration:

    Provided that where the stamp duty value of immovable property as referred to in sub-clause (b) is disputed by the assessee on grounds mentioned in sub-section (2) of Section 50-C, the Assessing Officer may refer the valuation of such property to a Valuation Officer, and the provisions of Section 50-C and sub-section (15) of Section 155 shall, as far as may be, apply in relation to the stamp duty value of such property for the purpose of sub-clause (b) as they apply for valuation of capital asset under those sections:

    Provided further that this clause shall not apply to any sum of money or any property received—

    (a) from any relative; or

    (b) on the occasion of the marriage of the individual; or

    (c) under a will or by way of inheritance; or

    (d) in contemplation of death of the payer or donor, as the case may be; or

    (e) from any local authority as defined in the Explanation to clause (20) of Section 10; or

    (f) from any fund or foundation or university or other educational institution or hospital or other medical institution or any trust or institution referred to in clause (23-C) of Section 10; or

    (g) from any trust or institution registered under Section 12-AA.

    Explanation.—For the purposes of this clause,—

    (a) “assessable” shall have the meaning assigned to it in the Explanation 2 to sub-section (2) of Section 50-C;

    (b) “fair market value” of a property, other than an immovable property, means the value determined in accordance with the method as may be prescribed;

    (c) “jewellery” shall have the meaning assigned to it in the Explanation to sub-clause (ii) of clause (14) of Section 2;

    (d) “property” means the following capital asset of the assessee, namely—

    (i) immovable property being land or building or both;

    (ii) shares and securities;

    (iii) jewellery;

    (iv) archaeological collections;

    (v) drawings;

    (vi) paintings;

    (vii) sculptures;

    (viii) any work of art; or

    (ix) bullion;

    (e) “relative” means,—

    (i) in case of an individual—

    (A) spouse of the individual;

    (B) brother or sister of the individual;

    (C) brother or sister of the spouse of the individual;

    (D) brother or sister of either of the parents of the individual;

    (E) any lineal ascendant or descendant of the individual;

    (F) any lineal ascendant or descendant of the spouse of the individual;

    (G) spouse of the person referred to in items (B) to (F); and

    (ii) in case of a Hindu Undivided Family, any member thereof;

    (f) “stamp duty value” means the value adopted or assessed or assessable by any authority of the Central Government or a State Government for the purpose of payment of stamp duty in respect of an immovable property;”

          


    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: quashing of fir or conviction #185

    Since there is a conviction under the Prevention of Corruption Act, you will have to file a regular Appeal before the High Court under the provisions of [Section 374 of] the Criminal Procedure Code for setting aside the order of conviction. There is no need to file application / appeal under Section 482 since there is a specific provision of appeal under Section 374 of Cr.P.C. Please consult some good lawyer at your place who is conversant in anti-corruption laws and file your appeal in high court on all the relevant grounds.     


    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: Is it a violation of article 14 or not ? #183

    What I mentioned for S-32 appears to be applicable to other pay scales also at the time of the 6th CPC. Please see Office Memorandum dated 30 August 2008 of the Ministry of Finance, Department of Expenditure, GOI, which will provide these details to you. This means for most of the old pay scale, the minimum of old basic when increased by DA and fitment allowance goes above the minimum of the new pay scale.

    Anyway, you’ll have to challenge the discrimination in your case on the basis of your own facts.     


    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: Is it a violation of article 14 or not ? #180

    I agree with you that you have a valid point. But, the problem is that you’ll have to setup your case before a court of law that has jurisdiction and prove that there is violation of your right to equality. Other than DS Nakara case, there are several judgments on Article 14. The problem arises because the date of implementation was from a back date otherwise it would not have led to this anomaly. Perhaps you can challenge the date of implementation and in the alternative argue that the same principle should be applied for everybody who was already in service when the pay revision was implemented. But, what I had pointed out was that a similar anomaly existed even in the implementation of 6th Central Pay Commission. For example, the S-32 pay scale up to 2006 was 24050-650-26000, and the new revised pay scale was 75500-80000. But, with DA merger and fitment, the minimum basic of the old pay scale (i.e., 24050) was NOT equated with the minimum basic in new pay scale of 75500, but the equivalent was fixed at 77765. So, there was a similar anomaly for somebody who was already at the minimum basic of old pay scale when pay scale was revised and for somebody who got appointed to it after the revision. The difference is more than 2000.

    No doubt, there appears to be an anomaly in your case and you’ll have to challenge it by properly taking up grounds for challenge. Please consult some local lawyer and show him all your relevant details, who will be in a better position after seeing full details and circulars, etc.     


    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: Is it a violation of article 14 or not ? #176

    I have tried to see the implementation of the 6th Central Pay Commission with effect from 01.01.2006. What I found was that there was a similar anomaly. In fact, it appears that when pay scales are revised, the existing employees (whether at the minimum of the pay scales or at some other stage of the pay scales) get merger of DA at the prescribed percentage and also a fitment allowance is given. For example, for 6th Central Pay Commission implementation, 40% fitment was given. Such benefits are given to help the existing employees. On the other hand, if a new employee joins after the revision of the pay scale, he has to start at the minimum of the new pay scale and he cannot get advantage of the previous DA and fitment allowance. This may usually be one time anomaly. I noticed a similar anomaly in 6th CPC, where those who were at the minimum of the old pay scale got revised pay in the new pay scale which was higher than the minimum of the new pay scale. The problem in your case is arising because the new pay scales were implemented from a back date but the back date was fixed just before your own joining date. In such circumstances, chances of a petition succeeding appear to be very less, but you want you can try to approach the appropriate court or tribunal which has jurisdiction to hear 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.

  • Clause (1) of Article 136 of the Constitution provides as under:

    “Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.” [Emphasis supplied by me.]

    Therefore, theoretically speaking, the Supreme Court has the power under Article 136 to grant special leave (in an SLP) from any judgment, etc., from any court or tribunal in India. This includes Sessions Court also. But, in practice, the Supreme Court will not allow an SLP being filed before it directly from the Sessions Court and it will direct you to first approach the High Court under appropriate proceedings. Therefore, you must first approach the High Court under appropriate proceedings and, if needed, then only approach the Supreme 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 - 1,471 through 1,485 (of 1,514 total)