[Dr. Ashok Dhamija]

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.     

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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 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.     

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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 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.
     

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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 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.     

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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]

Though your question is not very clear, it appears that you have paid money to someone and you have proof about transfer of money to that person in the form of bank statements, and that person has given you post-dated cheques.

If this is the correct understanding of your question, then let me point out that if the cheques bounce, then you have to prove that these cheques were issued to discharge the debt or liability, i.e., the money due to you. In fact, there is a legal presumption in your favour and the court will presume that the cheques were issued for debt or liability. The opposite party, i.e., the person who issued the cheques to you, that the cheques were given for some purpose other than discharging the debt or liability.

In order to ensure that in case the opposite party does not give any false evidence in this regard, you should keep whatever evidence is available with you to show that these cheques were given to you to discharge the debt or liability, i.e., to return the money that is due to you. For this purpose, bank statements, conversations or letters of communications, etc., will all be useful.

Ultimately, it will be for the court to decide on the basis of appreciation of evidence furnished by both sides as to whether the evidence is sufficient. I have neither seen your evidence, nor that of the opposite party. So, I cannot comment on the value of evidence. But, I have mentioned the general legal background on this issue. You may consult some local lawyer by showing your documents / evidence.     

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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 implies that the next date for listing the SLP before the court is yet to be fixed. It appears to be a new SLP and it appears that it has not been listed before the court so far. If it is so, you should get the next date of listing soon. Keep watching the case status.     

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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 possible way could be to file a review petition. But, in your case the issue related to interim order, due to which chances of success would be very limited.

In such cases where interim orders on maintenance are involved, generally, the tendency of the supreme court is to allow the interim order on maintenance to continue till pendency of the SLP. However, in some exceptional cases, the SC can stay the interim order if it completely unjust. Discretion lies with the SC to decide what in its opinion is an exception situation.

The advisable course would be to comply with the interim order on maintenance and get the SLP heard on merits.     

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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]

Without going into the specific details of the charge, generally speaking, in this situation, the charges will become hollow, though it would also depend to some extent on what were the grounds on which you had not implemented the report.

In particular, if you had not implemented the report for the same or similar reasons for which the competent authority has rejected the report, the charges in that case would be of no consequence against 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]

Yes, it is possible for you to fight your own case in the high court. You can file the PIL in your name “in person” without engaging any advocate.

Please also see the following articles in this regard:

http://tilakmarg.com/answers/do-i-have-right-to-defend-my-own-case-in-court-without-lawyer/

http://tilakmarg.com/answers/can-i-fight-court-case-for-myself-and-others-without-advocate/     

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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]

Yes, a person can marry again after getting divorced, either by mutual consent divorce or the regular (contested) divorce. The relevant legal provision is contained in Section 15 of the Hindu Marriage Act, which is reproduced below:

15. Divorced persons when may marry again.—When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal the time for appealing has expired without an appeal having been presented or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.

     

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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]

Awarding a penalty to an employee depends on the nature and gravity of the charge. For example, an employee can be dismissed only if the charge against him is of a grave character, such as a corruption charge. Moreover, even for a grave charge, the departmental enquiry has to be conducted wherein the employee has to be given full reasonable opportunity of being heard, as per the procedure for conducting detailed departmental enquiry.

Therefore, merely because an employee has been charge sheeted 5 times, does not mean that he can be directly dismissed from service. It depends on the nature of the charge as to how serious the charge is. Moreover, as mentioned above, even if the charge is serious, first the departmental enquiry will have to be conducted, and then only any penalty can be awarded, whether dismissal from service or any other penalty.      

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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]

When an employee is suspended, generally a condition is imposed asking him to not to leave the headquarters without permission from the authorities. Here, headquarters would generally mean the city where he is posted. It is NOT his residential house. Therefore, it is not necessary for such a suspended employee to remain in the residential house for 24 hours. He can be anywhere in the city. Of course, he cannot leave the city (i.e., the headquarters) without permission from the authority.

Even if the senior officers check his presence in the residential house, he can justify that he was very much present in the same city and had gone out for some work. In such a case, normally, the suspended employee can be contacted on phone and he can go back to house within a reasonable time so that the senior officers can satisfy that he has not gone out of city without permission.

But, in any case, the requirement is NOT that he should remain in the residential house for 24 hours. He can be in the same city anywhere.     

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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 are filing a petition for mutual consent divorce in the court, then generally speaking, witnesses are not required for filing such petition.

However, if the court at your place has a procedure for requiring witnesses for such petition, then also generally speaking there should be no restriction on who can become witnesses. Any relative or friend could possibly be a witness. For more clarity, if there is such a requirement, you can ask the registry of the court at your place.     

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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]

One of the main necessary ingredients for a cheque bounce case is that it should have been issued for the discharge, in whole or in part, of any debt or other liability.

In your case, if the amount has already been paid by banking channel, then there would not be any debt or liability. So, you can prove that there was no debt or liability, and that the amount represented by the cheque was already paid through banking channel. In such a scenario, you can get discharged.

However, as a side note, I may point out that at the time of making the payment through banking channels, it would have been advisable to take the cheque back from the party so that he could not claim the payment twice by presenting it in bank even after getting payment directly through banking channels.     

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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]

Special Leave Petition (Civil)(D) number implies that the petition is still not registered as a regular SLP. This means that the SLP will first be listed before the court for order on some Civil Application filed along with SLP or for some initial necessary order. The regular SLP would be given subsequently.     

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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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