[Dr. Ashok Dhamija]

Section 34(2) of the Consumer Protection Act, 2019, allows filing of a consumer complaint in the area where the complainant resides or personally works for gain:

“(2) A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction,—

(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain; or

(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case the permission of the District Commission is given; or

(c) the cause of action, wholly or in part, arises; or

(d) the complainant resides or personally works for gain.”

Therefore, it should be possible for you to file a new consumer complaint at the place where you reside.

Moreover, Section 62 of the said Act empowers the National Commission to transfer a case from one District Commission to another, even outside the state:

“62. Transfer of cases.—On the application of the complainant or of its own motion, the National Commission may, at any stage of the proceeding, in the interest of justice, transfer any complaint pending before the District Commission of one State to a District Commission of another State or before one State Commission to another State Commission.”

So, this provision can be used for transfer of a pending case, if any.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

If revision succeeds, that implies that police would be conducting investigation after registering FIR. Generally, the FIR would be on the basis of your complaint / application, and if you have mentioned all relevant issues in your application, then the police is expected on its own to fully investigate the case. Even otherwise, it is the duty of police to conduct thorough investigation once the FIR is registered.

Keep in mind that usually the courts are not expected to tell police about specific points of investigation, as investigation is the statutory power / domain of the police. If the police is doing defective investigation, the court can direct further investigation, but here again generally specific points are not directed. If the police files closure report after investigation, then the court can still take cognizance of the case if it is not satisfied with the closure report, and moreover, in such situation, you can file your protest petition in court.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

FIR once filed, cannot be changed.

In any case, once the charge sheet has been filed and the name of that particular accused does not figure in the charge sheet, it is sufficient for that accused since that implies that police did not find sufficient evidence against him or that he was not involved in the case.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

As mentioned in the guidelines for the Tilak Marg Forum, it is not possible to give opinion on the detailed facts of a case or on academic issues. You have pointed out hypothetical situations, as if it is a question paper in LL.B. course, or else as if the driver is willing to change his defence depending on legal advice.

If you are representing the driver, then ask him the real truth about the incident, and then accordingly prepare for the defence. The hypothetical situations pointed out by you show as if the driver can change his version depending on legal advice. It is not possible for us to be a party in such wrong practices. Our apologies.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

The facts mentioned by you point towards a fraudulent transaction conducted by your brother-in-law. Depending on the detailed facts (which I am not aware of), this may perhaps amount to an offence of forgery, and may even amount to an offence under Section 467 of IPC (467. Forgery of valuable security, will, etc.), which may be punishable with a maximum imprisonment for life or up to 10 years.

Consult some local lawyer with full details of your documents and other facts. And, if so advised, you may also consider filing an appropriate civil suit for annulment of the transfer of the property, which appears to have been made by fraudulent concealment of material facts.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

As explained by me in my answer Is Income Tax payable on Family Pension received by a widow, “family pension” is taxed under Section 56 as “Income from Other Sources”. This is different from the “Salary” head.

In view of the provisions of Section 57(iia) of the Income Tax Act, in respect of income due to “family pension”, a deduction of a sum equal to thirty-three and one-third per cent of such income (i.e., one-third of such income) or Rs. 15000, whichever is less, is allowed from such income.

This is separately available from a standard deduction from the “Salary” head.

Therefore, the answer to your question is “yes”. If a person is having “Salary” income as well as “family pension”, then he would be entitled to standard deduction permissible for the “Salary” income as well as a separate standard deduction permissible for the “family pension”, as mentioned above.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

A Designated Officer (DO) is appointed for every district for implementation of the Food Safety and Standards Act, 2006, which governs the FSSAI. Then, there is a Commissioner for Food Safety for each state.

You can read the above Act online and also about the duties and responsibilities of these and other officers under the above Act online by clicking here.

You can complain to the DO of your district and, if need be, to the Commission for Food Safety of your state. I think complaining directly to the FSSAI may not be of much help. The district and state level officers are directly in charge of the implementation of the Act.

If, despite your complaints, they don’t act and/or take too long to respond, you can file a complaint with their superior authority. Another option in such a case is to file a writ petition in the high court seeking directions to the DO or the Commissioner to take action on the complaint. But, remember, the writ petition in high court may itself take time and may involve additional expenses for you.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

The answer to this question depends on the issues involved. It is generally a relative matter.

For example, if “arbitration”  is the issue or subject, then the Arbitration and Conciliation Act will be considered as the “general” legislation on that subject; and, if the Rajiv Gandhi Institute of Petroleum Technology Act, 2007, contains an “arbitration” clause or provision then that Act will be considered as a “special” legislation for the purposes of that issue.

Another example is: on the subject of “crime”, the Indian Penal Code is the general legislation as it handles crimes in a general way; on the other hand, Prevention of Corruption Act may be a special legislation on that subject as it deals with a specific type of crime.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

It is not possible to reply to a question on this Forum on the facts of the case, as examination of facts requires detailed study of the issues involved.

However, in brief, let me point out that if your grandfather has a decree of 1985, which is about 35 years old decree, and if it was not challenged in appeal, etc., at that time, it may not be possible for the defendants’ successors to now challenge that in appeal after such long delay. The limitation period to file appeal, etc., would have expired long back.

Secondly, filing a fresh case in the civil court (as you have mentioned) at this stage may also be not tenable in law, if the cause of action is the same. This is because a second suit is barred by the principle of res judicata (see, section 11 of the Civil Procedure Code) and moreover, it would have been barred by limitation too.

This reply is based only on the basis of limited facts mentioned in the question. You should consult some local lawyer by showing him all relevant documents, etc.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Most of the courts’ records in India are now available online.

You can visit the website https://services.ecourts.gov.in/ecourtindia_v6/ from where you can select the court, case number, etc., to get the requisite information and soft copies of orders. This website covers most of the district level courts in India. If your court is not covered here, you can search on Google for the name of your court and location, to find out if it has a separate website.

However, you’ll be able to get only an uncertified copy of the order, if available. For a certified copy, you may have to apply to the court concerned, which may perhaps be possible in the physical format only.

Also, note that if a case is shown as “For Orders”, as you have mentioned, then generally it implies that it is listed (or would be listed) in court for issuing an Order and that the actual Order may not have been issued so far. So, check as above to find out the actual position.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Since you issued an undated cheque, it may be difficult for you to show that this cheque was issued for a specific liability of 2018 for which you have already paid by NEFT transfer. If you have written / recorded communications showing that the cheque was issued for a particular liability which has already been paid for, it may be of help.

As it appears, the developer is trying to show that you had issued this cheque for your unpaid maintenance charges, including those of 2020. You’ll have to refute such allegation by adducing evidence to the contrary.

This is the problem that arises with undated cheques. They can be used / misused for subsequent / future liabilities. One should bring it on record, at least to show that the cheque is being issued only for a specific purpose and for none else.

This is what is my tentative advice on the basis of limited facts known to me. If needed, you may consult some local lawyer with detailed facts. Else, as the amount if not very big, and if you actually have unpaid maintenance charges to be paid to the developer, pay the amount of the cheque to settle the issue, instead of getting into unnecessary legal complications wasting your time, money and energy.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

It appears that the Office Memorandum vide F. No. 11013/2/2014-Estt (A-II1) dated July 16th, 2015, of the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training (DoPT) talks about an investigation (preliminary enquiry) and regular inquiry. However, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, appears to basically talk about an inquiry itself.

In any case, while it may not be possible for me to comment on the facts of the case, in the absence of having seen the details, let me point out that Section 18 of the said Act has a provision for filing appeal before the court or tribunal in accordance with the provisions of the service rules applicable to the employee concerned. If you are governed by the central government rules, then you may perhaps have to approach the Central Administrative Tribunal (CAT); otherwise, approach the appropriate court, as applicable in your case.

If your organisation is covered under the DoPT guidelines (as it appears to be), then you can challenge digression from the DoPT guidelines in the matter of inquiry / investigation against you, even if such matter is not covered within Section 18 of the said Act for which appeal can be filed. So, if you are aggrieved by the non-following of the procedure, and if it has led to a serious prejudice to your rights, you can approach the appropriate court or tribunal, as may be applicable in your case, for remedial action.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

You can challenge the order of the Magistrate rejecting your application under Section 156(3) of the Criminal Procedure Code (Cr.P.C.), by filing a revision petition in the Sessions Court.

As I mentioned in one of my previous answers, such a revision petition would be permissible as per Bombay High Court decision in the case of Avinash v. State of Maharashtra, 2015 SCC OnLine Bom 5197. Though there are a few contrary judgments too, recently, there was a judgment of Delhi high court too, in the case of Nishu Wadhwa v. Siddharth Wadhwa, 2017 SCC OnLine Del 6444, as per which a revision petition in the Sessions Court against order of Magistrate under Section 156(3) CrPC is maintainable.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

From your question, it appears that the name of one accused person (out of three) has been dropped while filing the charge sheet. This means that police did not file the charge sheet against that one accused person. This happens when the police did not find sufficient evidence to file charge sheet against him or if it found that no offence was committed by him at all.

This is not called quashing of the charge sheet against that accused person. You can say that he was not charge sheeted or that his name was dropped from the charge sheet.

Generally speaking, this should not come in the way of such accused person getting a government job, because he has not even been charge sheeted. However, it may depend on the nature / type of offence (e.g., whether it is a very serious offence or not) and also in what circumstances charge sheet was not filed against him (e.g., whether it was due to lack of evidence or that no offence was committed by him at all). So, sometimes, the authority offering the government job may like to look into the details.

But, as I mentioned, generally speaking, it should not come in the way of getting a government job.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

If a single-judge bench of the high court confirms your conviction, then you may have to challenge the order in the Supreme Court by filing a Special Leave Petition (SLP).

Whether an order of a single-judge bench of the high court can be challenged before a division bench (of two judges), it may depend on the relevant rules of the high court concerned, if any. However, as far as I understand, in criminal cases, most of the high courts do not have a provision for such appeal before a division bench against the order of a single-judge bench. Therefore, you may have to challenge such order in the Supreme Court by way of filing SLP, as I mentioned above.

The high court does not have power to grant you bail, after it confirms your conviction, for allowing you to file SLP in Supreme Court. So, the high court will not grant you bail after it has confirmed your conviction.

But, if you are already on bail (as you have said), generally some time is granted to you for surrender or even if no such time is granted but a warrant is issued for your arrest then that process may take some time; and, during this period, you can file SLP in Supreme Court. Usually, SLP is heard in Supreme Court only after you have surrendered to custody, after the high court order; but, you can file an application for exemption from surrender, along with your SLP, and in such a case this application would be heard first by the Supreme Court. And, if the Supreme Court grants you exemption from surrendering, then your SLP can be heard while you continue to be on bail. Otherwise, you may have to surrender to custody, and then during SLP hearing, you can seek bail from the Supreme Court.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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