[Dr. Ashok Dhamija]

You have given no details of the nature of the order that has been passed by the Magistrate court. In the absence of any specific details, it is difficult to give a specific answer. So, here are some general observations.

Section 372 of the Cr.P.C. clearly says that no appeal shall lie from any judgment or order of a Criminal Court except as provided for by the Criminal Procedure Code or by any other law for the time being in force. Therefore, there has to be a specific provision in the Cr.P.C. for appeal. I cannot comment on the specifics of your question since you have given no details to enable me to check whether there is an appeal provision in respect of the order passed in your case. However, I can point out that if there is an appeal provision, then the appeal would lie with the Sessions Court from an order passed by the Magistrate.

But, suppose, there is no appeal provision, then there may be possibility of a revision under Section 397 Cr.P.C. Both the Sessions Court and the High Court will have concurrent jurisdiction in revision, but it is preferably filed in the Sessions Court against order of the Magistrate court.

Please also note that Section 397 clearly says that there would be no revision against an order which is interlocutory. So, again in the absence of details, one cannot know whether your order is interlocutory.

Now, presuming that there is no possibility of revision also (in your case), then you may have to approach the high court under Section 482 of Criminal Procedure Code for challenging the order of the Magistrate, under the general / inherent powers of the high 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]

It is not possible to answer a question which requires examination of detailed facts, in the absence of having seen relevant documents or detailed facts. So, please consult some local lawyer and share full details with him. However, some general points would be:

(1) The rules for succession / partition amongst brothers would be the same irrespective of whether it is registered or unregistered property.

(2) On succession, you cannot get more rights than your father in the (unregistered) property. This is because of the general principle that a transferor cannot transfer more or better legal title than he himself possesses. So, if there were some legal restrictions on the enjoyment of the unregistered property by your father, you would also be subject to the same restrictions.

(3) The rule of adverse possession may apply, but your question does not contain full facts.

(4) Your question has no details as to whether your father made any registered or unregistered gift deed in favour of you or your brother. Or, it was merely an oral adjustment?

(5) There is no detail in your question whether you or your brother are paying any property tax or any other tax, etc., or having any other proof of possession of the respective share of the properties (including electricity bills, water bills, etc.).

(6) Your question is also silent whether the concerned Govt authority has issued any notice etc. for possession of the unregistered property.

(7) If your title to the unregistered property is completely unknown to the law and is consequently unlawful (in the absence of any registration or recognition by the authorities), it is doubtful whether the courts would interfere to give you some rights by way of partition in respect of such property.

     

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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 will depend on any restriction placed on the change of date of birth after a specified period of service in the autonomous bodies, if any. Such bodies may have applied the same Government restriction or may have their own restrictions or may have no restriction at all. So, you’ll have to check the relevant provision applicable in a particular autonomous body on this issue, where you may be working. You can file RTI application to get this information from the concerned autonomous body. If an autonomous body does not have any restrictions on making of a request for change of date of birth after joining service, then also it may have to done in a reasonable period, as decided by the Supreme Court.

In this regard, please also see my recent answer at the following link: Change of date of birth in Government service 8 years after joining.

As mentioned in the said answer, it is pertinent to point out that in the case of Union of India v. Harnam Singh, (1993) 2 SCC 162 : AIR 1993 SC 1367, the Supreme Court observed as under:

“A Government servant, after entry into service, acquires the right to continue in service till the age of retirement, as fixed by the State in exercise of its powers regulating conditions of service, unless the services are dispensed with on other grounds contained in the relevant service rules after following the procedure prescribed therein. The date of birth entered in the service records of a civil servant is, thus of utmost importance for the reason that the right to continue in service stands decided by its entry in the service record. A Government servant who has declared his age at the initial stage of the employment is, of course, not precluded from making a request later on for correcting his age. It is open to a civil servant to claim correction of his date of birth, if he is in possession of irrefutable proof relating to his date of birth as different from the one earlier recorded and even if there is no period of limitation prescribed for seeking correction of date of birth, the Government servant must do so without any unreasonable delay. In the absence of any provision in the rules for correction of date of birth, the general principle of refusing relief on grounds of laches or stale claims, is generally applied by the courts and tribunals. It is nonetheless competent for the Government to fix a time-limit, in the service rules, after which no application for correction of date of birth of a Government servant can be entertained. A Government servant who makes an application for correction of date of birth beyond the time, so fixed, therefore, cannot claim, as a matter of right, the correction of his date of birth even if he has good evidence to establish that the recorded date of birth is clearly erroneous. The law of limitation may operate harshly but it has to be applied with all its rigour and the courts or tribunals cannot come to the aid of those who sleep over their rights and allow the period of limitation to expire. Unless altered, his date of birth as recorded would determine his date of superannuation even if it amounts to abridging his right to continue in service on the basis of his actual age.”

     

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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 the question is about the ancestral property of a woman who has died without leaving behind any will, the provision under Section 15(2)(a) of the Hindu Succession Act will apply and this property will be equally divided in three parts and her two sons and one daughter will all get one part each. Her husband will not get any part out of this ancestral property of the woman.

Section 15 of the said Act is reproduced in full as under:

“15. General rules of succession in the case of female Hindus.—(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in Section 16,—

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in sub-section (1),—

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter), not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.”

 

     

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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]

Your question relates to a State law of Karnataka, which is not in my domain. So, it may not be correct on my part to reply to it. Please consult some local lawyer in Karnataka who has expertise on the subject.     

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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 may be difficult to answer your question without detailed examination of your papers. It is better if you consult some local lawyer with your papers. But, some relevant questions would be:

What were the terms of the loan? Did such terms mention such interest? Does it mention compounded interest @ 18% with monthly rests?

What is mentioned in the award? Does it mention compounded interest @ 18% with monthly rests? If so, does it mention any specific reasoning or legal provision or contractual terms for such interest?

Prima facie, such interest appears to be harsh.

Did you challenge the award?

Cooperative banks have dual control, and the relevant state government rules may also have to be seen.

But, it is relevant to point out that for the Commercial banks (which may not include cooperative banks), the RBI circular allows monthly rests for compounding interest and it says [see this: https://rbi.org.in/Scripts/BS_ViewMasCirculardetails.aspx?id=9043]:

“Banks were advised to charge interest on loans/advances at monthly rests with effect from April 01, 2002. Interest at monthly rests shall be applied in case of all new and existing term loans and other loans of longer / fixed tenor. In the case of existing loans of longer / fixed tenor, banks shall move over to application of interest at monthly rests at the time of review of terms and conditions or renewal of such loan accounts, or after obtaining consent from the borrower.”

So, the details facts of your case will have to be examined by some expert by examining your papers.     

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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]

This is generally done under the relevant rules of each individual state police, and may be with the permission of the court. The Cr.P.C. does not lay down any detailed process in this regard. You may have to consult the local state police headquarters, or see their websites for police manual or other relevant rules in this regard. You may also try filing RTI application in this regard.     

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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 you have sufficient proof to show that the cases filed against your father are false, first you or your father may try to meet the senior officers of police to convince them about your innocence. If they don’t listen, you may try filing petition under Section 482 of Cr.P.C. to the high court for quashing of the FIR.

Further, in case you have proof of other people being involved in illegal sand-mining, you may file complaint against them, or may be approach the Magistrate under Section 156(3) Cr.P.C. for directing police investigation or under 190/200 Cr.P.C. with a private complaint. If needed, you may file a regular writ petition before the high court for directing registration of FIR against those involved.

     

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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 your present question is in continuation of your previous question. So, if your purpose is not to press a specific prayer (say, for compensation or for interest) in order to try to bring it within the jurisdiction of the District Consumer Forum, then I think you can try that. In fact, you may offer to amend your consumer complaint formally, if the consumer court permits you. This may perhaps help you to bring it within the pecuniary jurisdiction of the District Consumer Court of Rs. 20 lakh.

In the worst situation, if the court does not permit you to do so, then you may have to approach the State Commission if the value of the claim in your consumer complaint is found to be beyond the jurisdiction of the District Consumer Forum.

     

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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 your client says that it is a forged stamp paper and that his signature on the said paper is forged, then it is a serious issue of submitting a forged document to the court, which is an offence.

In such situation, you should request the court to send the said stamp paper for examination by the forensic experts / handwriting experts. If this document is found to be forged, not only will this document (which represents the defence of the accused) be not taken on record as a valid piece of evidence, it will also lead to prosecution of the accused for submission of a forged document in evidence and using a forged or false document in evidence, which are defined as offences in the Indian Penal Code [such as, one or more of the offences under Sections 193 to 196 thereof].

     

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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 mandatory under the provisions of the Consumer Protection Act, 1986, to first issue a notice to the company concerned before filing a consumer complaint with the Consumer Forum. So, it is your choice. It is optional.

At the same time, though it is not mandatory, it is advisable to first issue a notice to the company concerned in which you may narrate your grievance explaining your issue, how long it has been, what remedial action you expect from the company and what kind of compensation you seek if any. In the notice, you may give details of any deficiency or defects in service or of unfair trade practice etc., ask the company to rectify the deficiency within a reasonable period of time, and to see if the company is willing to make good the loss suffered by you by either replacing the product or returning the value of the purchase.

If the company takes action on your notice and does the needful, the issue resolves then and there. It saves you time, money and energy of filing a consumer complaint in the Consumer Forum and then fighting it for a long time. But if the company refuses or neglects to take action on your notice, then you may approach the appropriate Consumer Court.

If at all, you decide to issue a notice first, give a reasonable time to the company to respond to it. This reasonable time may be 15 days, or one month or more, depending on the type of product and the location of the company, etc. There is no hard and fast rule. However, try to ensure that it is a reasonable period of time which should enable the company to do something positive if it so desires.

     

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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 file the case in Delhi, since it is clear from the facts stated by you that the company has its (branch) office in Delhi. Otherwise, also, at least a part cause of action has taken place in Delhi. It should be filed in the District Consumer Forum in Delhi (within the appropriate district in Delhi) keeping in view the value of the product.

It is noteworthy that Section 11(2) of the Consumer Protection Act, 1986, lays down the rule as to which District Forum has jurisdiction for a consumer complaint:

“(2) A complaint shall be instituted in a District Forum 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, actually and voluntarily 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 4[carries on business or has a branch office], or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or

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

 

     

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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]

Under the provisions of the Criminal Procedure Code, it is permissible for the investigating officer to take help of other police officers (of the appropriate rank, as laid down) in examining and recording statements of witnesses under Section 161. This section specifically lays down that a police officer (of appropriate rank), acting on the requisition of the investigation officer, may examine witnesses and record their statements.

Sections 165 and 166 allow the investigating officer to take help of other police officers in conducting searches.

Therefore, there is nothing unlawful, if the investigating officer takes help from other police officers in the investigation, by way of examining witnesses, etc. In fact, in investigation of complicated cases, it is a regular practice.

     

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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]

Section173(8) of the Criminal Procedure Code gives power to the police to conduct further investigation even after having submitted final report under Section 173(2).

Section 173(8) lays down as under:

“(8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub-sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2).”

Therefore, it may be lawful for the police to conduct further investigation in appropriate cases, even after having submitted its final report to the 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]

If a property stands in the name of the mother, then during her lifetime, she has full authority to sell or dispose of that property and retain the sale proceeds. Sons have no legal right to claim any share in such property, if the property is in the name of the mother, during her lifetime. It is her sweet will, whether to give any share to the sons or not to give. A son cannot compel his mother to part with a share of the sale proceeds, under law.

Of course, the sons can sit together with mother for an amicable solution. More so, as you have mentioned that you have spent some money for renovation of the property. In such a situation, generally speaking, the mother may voluntarily agree to compensate you for the money spent by you from the sale proceeds, if you negotiate with the mother and other son in an amicable manner.

     

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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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