Dr. Ashok Dhamija

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  • in reply to: Termination Of Service In CPSU. #1076

    You may have to challenge it the appropriate court or tribunal since you claim that the PSU has wrongly terminated your services.

    You may have to confirm some local lawyer in your state as to whether the case would be within the jurisdiction of the high court, district court or some tribunal (such as Central Administrative Tribunal). It is not possible for us to answer this query which is specific to your state.     


    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.

  • in reply to: sale infavour of company #1075

    Your first query relates to a local law in Andhra Pradesh. Please consult some lawyer in Andhra Pradesh.

    Answer to your Second query is that sale deed in favour of Pvt Ltd company can be registered and companies act / income Tax act do not prohibit it.

    Third query: if the sale deed is in the name of the company, then the company can definitely show it to the IT department and RoC.     


    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.

  • in reply to: Post dated cheque – if bounce, reqd docs to proove – 2 #1074

    (1) Whatsapp messages may also be part of evidence. They may be included in the evidence relating to electronic record, and you may have to follow the procedure laid down in Section 65-A and 65-B of the Evidence Act to prove such evidence.

    (2) Xerox copy of a document is “secondary evidence” of the document as per Section 63 of the Evidence Act. Secondary evidence may be used to prove the document as per the provisions of Section 65 (and, if necessary, by following the provisions of Section 66 also).

    (3) Stop payment of cheque may also amount to cheque bounce under Section 138 of the N.I. Act, if the cheque was for discharge of a debt or liability and if other requirements of Section 138 are satisfied.     


    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.

  • Your question is not quite clear. It appears that you want to say that in a corruption case, the suspension is continuing even after one year. If this is your question, then please note that generally in corruption case, the suspension may be continuing for comparatively longer duration, especially if a charge sheet is filed in the court.

    If you feel that the suspension is unnecessarily being continued and there is no evidence in the corruption case, you can challenge it 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.

  • in reply to: regarding post dated cheque signed under threat/dueress #1072

    One of the important condition to make out a case of cheque bouncing under Section 138 of the Negotiable Instruments Act is that the cheque should have been issued for the discharge, in whole or in part, of any debt or other liability.

    In your facts, while it is not fully clear as to whether you have entered into any MOU as per which you have agreed to pay the cheque amount as a consideration of withdrawal of the case against you. If that is the case, then PERHAPS it may be considered as a liability.

    Otherwise, if the cheque has been taken under duress, threat or gun point, as you have mentioned, then the cheque may not be for discharging any debt or liability. In such a situation, the cheque bouncing case may not be proved even if the cheque bounces. However, you’ll have to defend the case and prove this point, since there is a presumption under law under Section 139 that the cheque was issue for discharge of such debt or liability. So, the burden will be on you to prove that there was no debt or liability and that the cheque was given under threat, duress or gun point.     


    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.

  • in reply to: Maintenance under crpc 125 & HMA #1071

    The main ingredients or requirements of Section 125 of the Criminal Procedure Code are as under:

    (1) The husband has sufficient means

    (2) He neglects or refuses to maintain his wife

    (3) His wife is unable to maintain herself.

    If these conditions are satisfied, then upon proof of such neglect or refusal, the Magistrate may pass order of maintenance in favour of the wife.

    The Proviso to sub-section 125(3) is relevant in this regard, for your query, which is reproduced below:

    “Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

    Explanation.—If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.”

    Sub-sections (4) and (5) of Section 125 are also relevant to your query, and are reproduced below:

    (4) No wife shall be entitled to receive an allowance 5[for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

    (5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

    So, in view of what is mentioned above, the answer to your question depends on detailed facts of the case. The Magistrate has to be satisfied that the ingredients of this section are fulfilled and that maintenance needs to be awarded to her.

    You may offer to maintain your wife if she lives with you, in that case you may not have to pay maintenance. If you offer to maintain her if she lives with you, in that case she will have to give some sufficient reason to live separately from you and also claim maintenance from 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.

  • in reply to: What is Pursis? #1063

    It depends on facts and circumstances of the case. May be, when it is unconnected with the case or irrelevant.      


    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.

  • in reply to: contempt of court insult of a lawyer #1062

    Firstly, please understand that the power to punish for contempt of court lies only with the Supreme Court and high courts. A magistrate cannot punish for contempt of court. If a contempt of court is committed, the Magistrate can make a reference to the high court, which can then conduct contempt proceedings and punish the person who committed contempt. Therefore, the Magistrate putting the advocate behind bars or ordering his arrest for contempt of court, if it has really happened, may not be legally correct, unless there was some other offence along with contempt issue.

    Secondly, advocate is an officer of the court and insulting the advocate inside court without any justifiable reasons can lead to contempt charge against the judge also. A judge or Magistrate can also be liable for contempt of his own court or of another court. This is quite clear from Section 16 of the Contempt of Courts Act, 1971, which is reproduced below:

    “16. Contempt by judge, magistrate or other person acting judicially.—(1) Subject to the provisions of any law for the time being in force, a judge, magistrate or other person acting judicially shall also be liable for contempt of his own court or of any other court in the same manner as any other individual is liable and the provisions of this Act shall, so far as may be, apply accordingly.

    (2) Nothing in this section shall apply to any observations or remarks made by a judge, magistrate or other person acting judicially, regarding a subordinate court in an appeal or revision pending before such judge, magistrate or other person against the order or judgment of the subordinate court.”

    However, it would be very difficult (near to impossible) to prove such a case against the judge. You’ll need very strong evidence and there being no fault on the part of your advocate. If you want to proceed with such matter, and are confident that there is sufficient evidence against the Magistrate for contempt, then you may have to approach the high court with a contempt petition in accordance with provisions of the Contempt of Court 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.

  • in reply to: Need advice in understanding the outcomes of a case #1060

    If what you have mentioned is factually correct, then your friend may not have been involved in the offence. He might not have been aware that the amount was a bribe. In such a case, he may not get conviction, even if he is charge sheeted. If the facts are correct, the ACB may even make your friend a witness against the superior.     


    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.

  • in reply to: Suspension Government employee #1059

    Please see the following two articles on Tilak Marg:

    (1) http://tilakmarg.com/news/suspension-order-not-to-extend-beyond-3-months-if-charge-sheet-is-not-served-says-supreme-court/

    (2) http://tilakmarg.com/news/suspension-not-to-exceed-3-months-if-charge-sheet-not-served-says-central-government/

    So, even Central Government has agreed that suspension cannot extend beyond 3 months if charge sheet is not served.

    You should challenge your suspension on the basis of above orders.     


    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.

  • Yes, a review petition can be filed in the high court itself against the decision of a division bench of 2 judges.

    Generally, a review petition is available only on limited grounds, such as, an error apparent on the face of the record.

    Chances of success in a review petition are generally very limited because the same judges would generally hear the review petition who had earlier decided the matter, and also because, a review petition is permissible only on limited grounds.

    Whether you should directly go to Supreme Court or first file a review petition, would depend on the facts of a case. Generally, it is advisable to directly go the SC, unless there is an error apparent on the face of the record in which case even a review petition before the high court may sometimes be useful.

    You can file a case in SC even in person also. If you want to engage an advocate, you may get advocates with wide range of fee, less as well more. No hard and fast rule can be said about the fee. You’ll have to approach the individual advocate concerned to find out what his fee is. There is no standard fee.     


    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.

  • It is not necessary to hire an advocate in SC. You can argue your own case also.

    Secondly, there is no fixed fee for advocates. Every advocate would charge fee as per his own practice level.     


    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.

  • in reply to: police is not tack my first report on bike stolen #1045

    You may approach the higher officers of police, i.e., the Superintendent of Police or the DCP. If that does not help, you can file a private complaint in the Magistrate court for theft of your motorcycle.     


    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.

  • in reply to: Joint (2 owners) property occupied by one of the owner #1037

    From the facts narrated by you, it appears that you are a co-owner of the property, in which capacity, generally speaking, you are entitled to three essentials of ownership:

    (1) Right to joint possession of property
    (2) Right to enjoy the property
    (3) Right to dispose your share of the property

    If a co-owner is deprived of his property, he has a right to be put back in possession by a suit.
    As a co-owner, you also have a right to demand and enforce a partition; i.e., a right to be placed in a position to enjoy your own right separately without interruption and interference by other co-owner.

    So, you may have to file the appropriate civil suit for joint possession / partition.

    If your in-laws family was residing there on rent basis of Rs. 8000 pm, as you have mentioned, then you must be having proof of the rent paid in earlier months. Moreover, they have said that they have already vacated the premises. But, you say that they are still in possession, so, you should get proof of their being in possession.

    If there is a rent agreement and proof of rent paid, etc., and if their possession is as tenant and not as a co-owner, then you may have to file appropriate proceedings to get possession.

    If they are staying there on the basis of being co-owner, then you may have to claim your right of being the other co-owner, and may perhaps have to seek joint possession / partition of the property.

    So, ultimately, you may have to file a civil suit, if you are not able to sort out the issue peacefully through negotiations.

    The police will be able help only if there is an offence committed, such as violence. Police may not be of help in the civil dispute. If police does not take action on a criminal complaint, you have the option to go to the court and file private criminal complaint.

    Please consult some local lawyer at your place by showing him details.
         


    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.

  • in reply to: Amount debetted by bank of honoured cheque #1036

    It may not be possible to give an accurate advice on facts since detailed examination of records is necessary for this purpose. But, from what you have written, it appears that the contractor has already done the work. If there is no defect in work and if the work is satisfactory, then, generally speaking, payment may have to be made to him. If he has violated the rules by doing work in more than one districts, then perhaps, it would have been advisable to not give any work to him in the first instance, since you have mentioned that he is blacklisted. The general principles of law of equity would require that the work done should be paid for. However, it is for the court to take a call and decide the issue on detailed consideration of all facts, including whether the fraud perpetrated by him goes to the root of the issue so as to deny him even the payment for the work done by him. At the same time, even if you have made payment to him, you can separately consider whether it would be possible for you to take some civil action against him for violation of the terms of the agreement.

    You, being in Government, should be in a position to consult some good Government lawyer by showing him full details of the 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.

Viewing 15 posts - 1,471 through 1,485 (of 1,803 total)