Dr. Ashok Dhamija
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Dr. Ashok DhamijaAdvocateIf the cheque is still valid, then it can be presented second time. And, if it bounces again on second presentation, then you can issue the statutory notice under Section 138 and file the case if the payment is not made even after notice.
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.
December 5, 2016 at 8:08 am in reply to: Should I as accused give evidence to police officer in 156(3) case or in court? #932Dr. Ashok DhamijaAdvocateहालाँकि आप को कोर्ट में भी आपके पक्ष में सबूत पेश करने का पूरा मौका मिलेगा, लेकिन अगर आप पुलिस के जाँच अधिकारी को आपके पक्ष में जो सबूत है वो दे देते है तो हो सकता है कि जाँच अधिकारी आपके सबूतों से संतुष्ट हो जाये और आपके खिलाफ रिपोर्ट कोर्ट को ना दे तथा रिपोर्ट आपके पक्ष में ही दे।
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.
December 4, 2016 at 5:38 pm in reply to: Charge sheeted under sec 7,13 of Prevention of corruption act #929Dr. Ashok DhamijaAdvocateIt is not about being a director or employee. Even a junior employee (such as a worker or peon) can be a public servant provided he comes within the definition. For example, any person in Government service, whether he is the junior-most peon or the senior most minister, will be a public servant.
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.
December 3, 2016 at 1:05 pm in reply to: Certificate regarding first review as per Supreme Court Rules 2013. #927Dr. Ashok DhamijaAdvocateIf you are appearing in person, you may have to go to the SC registry and find out some specimen / sample format. Otherwise, use a format as per common sense including the points required to be included in the certificate.
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 will have to take these and all other possible grounds for challenging the order. You have said that your appeal is pending. You may wait for the disposal of the appeal. If there is unnecessary delay in the disposal of the appeal, you may approach the appropriate court / tribunal applicable to your service (i.e., having jurisdiction in your matter), which may hear the matter or at least direct the appellate authority to decide your appeal within a time-bound period.
You may also consult some lawyer or other expert by showing your detailed papers about the legal grounds and/or other grounds of facts which can be used for challenging the order in a court or tribunal.
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.
December 3, 2016 at 12:57 pm in reply to: Charge sheeted under sec 7,13 of Prevention of corruption act #925Dr. Ashok DhamijaAdvocateThe only provision under which you may probably be covered as a “public servant” is sub-clause (viii) of clause (c) of Section 2 of the Prevention of Corruption Act, 1988, which is reproduced below:
“(c) “public servant” means—
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(viii) any person who holds an office by virtue of which he is authorised or required to perform any public duty;”The expression “public duty” is defined in clause (b) of Section 2 as under:
“(b) “public duty” means a duty in the discharge of which the State, the public or the community at large has an interest;”
You may please consult a lawyer by showing the detailed facts / documents of your case, as to whether in the facts of your case, you would be covered within the definition of a public servant.
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.
December 2, 2016 at 12:35 pm in reply to: Certificate regarding first review as per Supreme Court Rules 2013. #920Dr. Ashok DhamijaAdvocateRule 1 of the ORDER XLVII of the Supreme Court Rules, 213 is as under:
“1. The Court may review its judgment or order, but no application for review will be entertained in a civil proceeding except on the ground mentioned in Order XLVII, rule I of the Code, and in a criminal proceeding except on the ground of an error apparent on the face of the record.The application for review shall be accompanied by a certificate of the Advocate on Record certifying that it is the first application for review and is based on the grounds admissible under the Rules.”
It is clear from the above that in a criminal proceeding, an application for review will not be entertained except on the ground of an error apparent on the face of the record.
The Rule itself makes it clear that the Certificate along with the Review Application:
(1) has to be given by the Advocate on Record;
(2) that it has to certify that it is the first application for review;
(3) that it has to certify that is based on the grounds admissible under the Rules (which mans that it is on the ground of an error apparent on the face of the record).The Rules do not include any specific format. Your advocate on record should be able to do that.
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, action can be taken against those who are not paying. For this purpose, you have to examine the provisions of the relevant law (such as Cooperative Society Act, or whichever Act is applicable) in 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 to mention it only if there was an FIR or any court case registered against you in that incident. From what you have written, and from the fact that the incident is 9 years old and nothing has happened so far, it appears that no FIR would perhaps have been registered against you. If you want to be doubly sure, you can verify from the police station records of the police station within whose jurisdiction that place / college falls.
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 DhamijaAdvocateThere are conflicting judgments of the Supreme Court about requirement of demand of bribe, though generally it has been held that proof of demand is essential.
If the bribe has been accepted through a private person, normally such private person is also named an accused for abetting the offence. It depends on detailed facts as to in what circumstances and under whose directions, he accepted the bribe. It is a matter of evidence and facts.
The questions mentioned by you are generally questions of fact, which cannot be answered on this forum. You may have to consult a lawyer who is well-versed in anti-corruption laws and show your documents / records to get the expert advice on your 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.
November 30, 2016 at 6:26 pm in reply to: can additional witness/evidences be presented other than in CS #911Dr. Ashok DhamijaAdvocateYes, it is possible for the prosecution / complainant to produce additional evidence in the form of witnesses and documents, with the permission of the court. The court has the power to permit such additional evidence which was not mentioned in the charge sheet.
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.
November 30, 2016 at 6:06 pm in reply to: Dispute with wife regarding monitory deposits, carrier and investments #909Dr. Ashok DhamijaAdvocateWhat is your question of law? If you need divorce from your wife, you may have to move the appropriate court having jurisdiction. If she is also willing for divorce, both of you can file for mutual consent divorce. As regards the question of money given to her, generally speaking it may be possible for you to file a case for recovering that amount, if you have proof of what you have stated and if she is using that money for some purpose other than for what it was given to her. However, you may please consult some lawyer by showing the relevant papers to him. It is not possible for us to go into your detailed facts / documents on this forum.
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 falsehood claimed goes to the roots of the matter, then it is generally advisable to first look into that issue. Otherwise, both issues may be taken up side by side.
If the interim order is in the nature of a stay or injunction, etc., then the same court may change that in subsequent orders.
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 DhamijaAdvocateThis is a duplicate question, which has already been answered. See here: http://tilakmarg.com/forum/topic/met-with-accident-driver-caught-fir-not-registered-2/
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 accident is covered under the provisions of a cognizable offence, such as Section 279 of IPC and/or section 337 or 338 of IPC (as it happens in such accident cases), then it is mandatory to register the FIR as per Lalita Kumari judgment of the Supreme Court [see this topic: http://tilakmarg.com/forum/topic/whether-lalita-kumari-case-is-final-or-any-further-judgment-case-later/%5D.
If the police station is refusing to register the FIR, you can approach the DCP of the area concerned. If required, you can also file a private complaint case in the court.
If you have given the car to the police station on a written seizure memorandum, then the police would be responsible for the loss of vehicle.
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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