Dr. Ashok Dhamija
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Dr. Ashok DhamijaAdvocateIt is not possible to express any opinion on the evidence part, without actually seeing the evidence in detail. Please consult some lawyer by showing him all the evidence.
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.
May 20, 2017 at 10:35 am in reply to: accused of criminal case can get character certificate or not #1307Dr. Ashok DhamijaAdvocateAs far as I understand, a character certificate is not given under any specific legal provisions. It is basically at the discretion of the person giving such certificate who gives us certificate on the basis of his personal knowledge. In view of this, you can approach the concerned officer and it is up to him to take a call in this regard.
Moreover, it may also be pointed out that a person is supposed to be innocent until proven guilty. Pendency of a criminal trial does not mean that the person facing that trial is already guilty. However, depending upon the nature of the pending case, and also on the type of evidence available, others may draw their own subjective opinions.
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 DhamijaAdvocateIf a Government servant is arrested and remains in custody for more than 48 hours (i.e. 2 days), then he or she is deemed to have been suspended automatically. Further, if a Government servant is convicted of an offence, then on the basis of the conduct that led to conviction, departmental action may be taken against him or her.
Other than these, generally speaking, pendency of a criminal case of a private nature (i.e., between private parties, which does not involve corruption or misappropriation, etc.) should not come in the way of the Government servant’s service.
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 DhamijaAdvocateIf the case is already closed, where is the need for getting the FIR quashed? Case closed means that the FIR and the subsequent investigation are now no more valid.
Further, restrictions on foreign visits are placed as bail conditions after arrest. If the case is closed, that means the bail bond might have been dischraged. Please confirm that, and if it is so, then there are no restrictions on foreign travel. Even if the bail bond is still valid, you’ll have to see if there is any restriction on foreign travel imposed as per conditions for granting bail. If there is no such restriction, then you would be free to travel abroad.
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 DhamijaAdvocatePlease see the answer to this question, which I think covers your question also:
http://tilakmarg.com/forum/topic/pending-criminal-case-and-selection-in-civil-services-exam/
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 DhamijaAdvocateYou have mentioned that the court had already accepted the report of closing the case. And, this happened 5 years back. The court has only given liberty only in case of further evidence being found. Now that 5 years’ period has lapsed after that, in a case of this nature (these are all minor offences, when compared with the type of offences that are investigated by police), nothing is likely to happen now. So, you can relax now. As the case is already closed (as you have mentioned), there may not be any need to approach the court again.
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 DhamijaAdvocateReceiving calls on which issue? On payment of the cheque amount? If yes, simply tell them that you have already paid.
If you have now paid the amount of the cheque which had bounced, then no case could be filed on the basis of that cheque; and, if such case is still filed, you can always furnish details to the court of your payment already made and get the case quashed.
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 DhamijaAdvocateThe answer to your question will need detailed examination of the facts, papers, and orders of the court. Please engage some lawyer if you have not done so already.
Yes, you can challenge the order of the court before the higher court. Legally, there is no restriction on a second case under Section 498-A IPC if there is a fresh cause of action. Of course, you can obtain bail in the second case also, including anticipatory bail, if necessary.
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.
May 8, 2017 at 11:11 pm in reply to: Pending criminal case and selection in civil services exam #1288Dr. Ashok DhamijaAdvocateAs I mentioned earlier, generally speaking, it may not come in the way of appointment, provided you have disclosed it, and of course, it also depends on the nature of the case also, i.e., how serious the case is and what is your role. But, as mentioned earlier, the probation period may be extended if a criminal case is pending.
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.
May 8, 2017 at 11:08 pm in reply to: Girl lodging complaint on guy with whom she tested over a brief period. #1287Dr. Ashok DhamijaAdvocateIn the absence of details of messages, it is not possible to say with exactness as to what would be the nature of complaint that could be filed. It could generally be under provisions of stalking (Section 354-D of IPC), or using obscene or abusive language (for example, under S. 509) or under the Information Technology Act (IT Act). You may consult some lawyer by showing him the messages / chat.
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.
May 7, 2017 at 8:26 pm in reply to: Pending criminal case and selection in civil services exam #1284Dr. Ashok DhamijaAdvocateAs far as I know, generally speaking, pendency of investigation or FIR may not come in the way of appointment. Conviction in a criminal case may of course be a different thing.
However, you must clearly and transparently mention the details of whatever case is pending against you in any court or with police, etc., in the forms required to be filled up at time of applying or at the time of appointment.
It may be pointed out that giving any wrong or false information may render the applicant liable for disciplinary action.
As per the rules, if any criminal prosecution is pending, the probation period of the employee may be extended.
So, you can apply for the examination and prepare for the same. At the same time, if possible, try to get the case quashed or discharged from the competent 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. List of his Quora Answers. List of his YouTube Videos.
Dr. Ashok DhamijaAdvocateThe payee must make a demand for the payment by giving a notice in writing, to the drawer of the cheque, within 30 days of the receipt of information by him from the bank regarding the return of the cheque as unpaid.
For detailed explanation of Section 138 of Negotiable Instruments Act, read this article: http://tilakmarg.com/answers/cheque-bounce-cases-under-section-138-of-negotiable-instruments-act-explained/
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.
May 5, 2017 at 11:46 am in reply to: Right of complainant when police wants to file closure report #1278Dr. Ashok DhamijaAdvocateWhere, on completion of investigation, police files a closure report (instead of charge sheet) before the court, the court is duty-bound to inform the complainant about the same. Upon this, the complainant can file a protest petition before the court and can convince the court that there is sufficient material to prosecute the accused. In such a scenario, the court can directly take cognizance and proceed with the matter (even after closure report) or direct police for further investigation. The court can also treat the protest petition of the complainant as a private complaint case, and the complainant can then conduct the trial himself by adducing all relevant evidence.
However, if the court is not convinced with the protest petition, it may formally accept the closure report filed by police. But, even in this case, the complainant can challenge this decision in the superior courts.
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.
May 5, 2017 at 11:35 am in reply to: Can I approach court for gross delay in filing charge sheet by police? #1276Dr. Ashok DhamijaAdvocateYou have mentioned that the case was filed with police in 2005 and that no charge sheet has been filed so far till 2017. This means that the investigation is still pending for last about 12 years?
Usually so much time is not taken for investigation. There may be a possibility that the police might have filed a closure report. You should check from the court if this is the case.
If no such closure report is filed and the case is still pending under investigation, then you should first approach the senior officers of police since keeping investigation pending for such long period is quite unusual. If the senior officers do not take any action, then you may approach the high court for giving a direction to police to complete the investigation in time-bound manner.
There is also a possibility that no FIR might have been filed in the case and the police might have just conducted an informal enquiry in the matter. Check that also because in that scenario, no charge sheet would be filed.
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.
May 5, 2017 at 11:23 am in reply to: Undated cheque presented later after account closure – whether S. 138 NI Act? #1274Dr. Ashok DhamijaAdvocateYes, a case under Section 138 of Negotiable Instruments Act can be made out in these facts. However, in your defence you can prove that it was not for discharge of any debt or other liability or whatever other defence you have got.
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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