Dr. Ashok Dhamija
Forum Replies Created
-
AuthorPosts
-
Dr. Ashok DhamijaAdvocateFrom your question, it appears that the builder / promoter has returned the money to you which you had paid to him for booking the flat. This means that the amount represented by the post dated cheques was on account of discharge of a debt or liability. A dishonour of such cheque would come within the meaning of Section 138 of the Negotiable Instruments Act. So, it should be possible for you to file case for cheque bouncing.
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.
February 21, 2017 at 12:34 am in reply to: Do I have right to defend my own case in court without lawyer? #1116Dr. Ashok DhamijaAdvocateThough I have not read the Pakistan laws, but as far as I understand the laws of India and Pakistan are similar.
The Civil Procedure Code, 1908, from which I have quoted in my previous reply, is a law that existed in United India prior to partition, i.e., before Pakistan was created. As far as my understanding goes, most of pre-independence laws are applicable in Pakistan, though their names might have been changed. So, in all likelihood, the legal provision which I have quoted would also be applicable in Pakistan also. However, please confirm it from some lawyer in Pakistan.
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.
February 20, 2017 at 11:37 pm in reply to: Mutual divorce case through power of attorney as one party is out of country? #1114Dr. Ashok DhamijaAdvocateYour question is perhaps answered by the decision of the Punjab-Haryana High Court in the case of Jasjit Saini vs Sanjeev Pal Singh Saini (FAO No.M-351 of 2013), decided on 9 December, 2013, wherein it has been held that the position is that where a state of mind or conduct of the person is to be ascertained in a proceeding for grant of divorce, normally the parties should appear in person and their evidence alone is to be considered and not that of a person holding an attorney. However, the exception to the rule is that where a close relative appears for the parties as his or her attorney and is in a position to state and depose as regards the state of mind of the principal and the affairs of the principal are managed by the attorney, then such statements of an attorney on behalf of the principal can be accepted and matrimonial relief granted. The exception is all the more applicable where one of the parties or both are unable to appear for justifiable reasons like living abroad and their affairs are managed by a close relative who is acting as an attorney. In such a case the state of mind of the parties can be gathered from the statements made by the attorneys. It would depend on the facts and circumstances of each case.
The above decision has been relied upon in another decision of the Punjab-Haryana High Court in the case of Rajwant Singh Bains vs Unknown (F.A.O. No. M-121 of 2014), decided on 21 March, 2014.
Therefore, generally speaking, it should be possible for you to give power of attorney to your brother, if you are out of country. However, as held in the above case by the high court, it would depend on the facts and circumstances of each case. So, while generally speaking, power of attorney in a mutual consent divorce may be accepted, if the court is not satisfied about the genuineness of the consent etc., in the facts and circumstances of the case, the court may require the presence of the party to be present in court in person. This may happen in a specific case. But, you can cite the above case in the 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.
February 20, 2017 at 11:17 pm in reply to: Judgement where secret recording of wife is permitted #1113Dr. Ashok DhamijaAdvocateIt all depends on the facts of a case. You’ll have to try using the provisions of Section 65A and 65B of the Evidence Act to prove such a recording as an electronic 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.
Dr. Ashok DhamijaAdvocateSection 17 of the Registration Act, 1908, is silent about registration of a power of attorney for an immovable property. You may have to examine the relevant amendments, if any, made in the State laws to the above Act. For example, in Maharashtra, there is an amendment to S. 17 of the Registration Act, 1908, as per which an irrevocable Power Attorney relating to transfer of immovable property shall be compulsorily registered. So, please check in your state if there is any such amendment.
Notarized POA generally refers to POA affirmed before a Notary and it may or may not be registered. Registered POA, on the other hand, would be registered before the Sub-Registrar in accordance with legal provisions, such as the Registration Act.
Notarized POA should be usable in court, if the registration thereof is not compulsory.
Answer to your other questions may depend on the terms of the POA and/or the law applicable 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. List of his YouTube Videos.
Dr. Ashok DhamijaAdvocateYou have said that cheque was not even presented in the bank and he still got a memo from bank saying “insufficient funds”.
So, if the cheque is genuine and you want to make the payment, then pay the amount after the notice is given to you.
On the other hand, if you feel that there was sufficient balance in your account, and still the bank gave a false memo saying “insufficient” funds (since you claim that the cheque was not even presented in the bank), then you can show proof of the sufficient balance in account by producing the account statement.
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 may approach some local advocate in Gujarat high court. May be legal aid cell at the high court who can help you with the high court 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. List of his YouTube Videos.
Dr. Ashok DhamijaAdvocateYou can file a protest petition in the capacity of the complainant.
I don’t think case diaries would be made available to you since they are privileged documents.
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.
February 19, 2017 at 10:29 pm in reply to: My husband has left me in our rented home and staying separately. What to do? #1105Dr. Ashok DhamijaAdvocateYou can file petition / application for:
(1) Restitution of conjugal rights under Section 9 of the Hindu Marriage Act.
(2) File for maintenance under Section 125 of the Cr.P.C.
(3) If need be, file for protection under the Protection of Women from Domestic Violence Act, 2005, for not being thrown out of the house.
You can also claim rent expenses as part of the maintenance. It ultimately depends what order is issued by the 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 DhamijaAdvocateYes, it is your right to appear in person in your own case. Every person has the basic right to defend or pursue his own case.
For example, Rule 1 of Order III of the Civil Procedure Code 1908 lays down as under:
“1. Appearances, etc., may be in person, by recognised agent or by pleader.— Any appearance, application or act in or to any Court, required or authorised by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognised agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf:
Provided that any such appearance shall, if the Court so directs, be made by the party in person.”
This rule clearly shows that a person can himself appear in the case, i.e., the party in person (I have highlighted the relevant part in above rule).
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.
February 19, 2017 at 10:01 pm in reply to: Do I have right to defend my own case in court without lawyer? #1103Dr. Ashok DhamijaAdvocateYes, it is your right to appear in person in your own case. Every person has the basic right to defend or pursue his own case.
For example, Rule 1 of Order III of the Civil Procedure Code 1908 lays down as under:
“1. Appearances, etc., may be in person, by recognised agent or by pleader.— Any appearance, application or act in or to any Court, required or authorised by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognised agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf:
Provided that any such appearance shall, if the Court so directs, be made by the party in person.”
This rule clearly shows that a person can himself appear in the case, i.e., the party in person (I have highlighted the relevant part in above rule).
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 DhamijaAdvocateSir,
It is not possible to understand your question.
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.
February 15, 2017 at 7:28 pm in reply to: company opened branch in my name and send me 138 for cheque returned of ac close #1090Dr. Ashok DhamijaAdvocateIt has to be shown that the cheque was issued to discharge any debt or liability, though it will be presumed in the first instance by court. But, you can rebut this presumption and show that the cheque was not issued to discharge any debt or liability.
If you have not been having any transactions with the company, you can show that.
It is advisable that you consult some local lawyer by showing him all documents and sharing full details, because it is not possible to offer you specific guidance in the absence of knowledge of full 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. List of his Quora Answers. List of his YouTube Videos.
Dr. Ashok DhamijaAdvocateAs per Section 14 of the Hindu Marriage Act, a divorce petition cannot be filed before elapsing of one year from the date of marriage. In your case, this rule will come in play.
However, Section 14 further provides that if the High Court has made rules in that behalf for presentation of divorce petition before one year period is over, then in exceptional cases a divorce petition may be allowed to be presented in accordance with such rules made by the High Court, on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent.
So, you will have to check from your state whether the high court in your area has made any such rules. And, even in such a case, you’ll have to show that it is a case of exceptional hardship to you, etc., if you want to file the divorce petition within one year of marriage.
Another option before you is to file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, which is basically for uniting the couple when one partner has deserted without any reasonable excuse.
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 last change in the cheque bounce rules was the change of jurisdiction where such a case can be filed. Please read the following article for more information:
So far, there is no change in law making it a non-bailable offence.
You can search “cheque” and/or “negotiable” in the search box at Tilak Marg to get details of various articles on these 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. List of his Quora Answers. List of his YouTube Videos.
-
AuthorPosts
