[Dr. Ashok Dhamija]

Usually, in such matters under the Cr.P.C., an oral permission is first taken from the court seeking to amend the petition. If the reasons given for amendment are genuine, the court may generally permit the amendment. So, it may be advisable first to take the court’s permission.

If you first file an application seeking permission to amend the petition, that may also be considered generally by the court. Cr.P.C. does not appear to be having specific provisions for amendments to a petition under Section 482 Cr.P.C. However, it is possible that the rules made by the high court concerned may perhaps contain such provisions.      

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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 case has already gone to the court, you will have to defend yourself on the lines mentioned by you that you did not have any wrong intention, that she knew it and she even thanked you, etc., etc. Engage some good local lawyer. After seeing the detailed case papers, if such local lawyer so advises you, you can also try for a discharge application. Otherwise, you can defend directly in the trial as and when it takes 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]

As far as I understand, there is no restriction on a suspended Government employee from withdrawing money from his General Provident Fund or for taking temporary advance from his GPF.

However, a Government servant who is under suspension, need not pay subscription to his GPF account, during the period of his suspension. For example, see Rule 7 of the General Provident Fund (Central Services) Rules, 1960, lays down as under:

“7. Conditions of subscriptions (1) A subscriber shall subscribe monthly to the Fund except during the period when he is under suspension:

Provided that a subscriber may, at his option, not subscribe during leave which either does not carry any leave salary or carries leave salary equal to or less than half pay or half average pay:

Provided further that a subscriber on reinstatement after a period passed under suspension shall be allowed the option of paying in one lump sum, or in installments, any sum not exceeding the maximum amount of arrear subscriptions payable for that period.”

But, there appears to be no restriction on a Government servant under suspension from withdrawing money from his GPF or for taking temporary advance therefrom. He is subject to the same conditions, as any other regular employee, for the purposes of withdrawing money from GPF. For example, Rule 15 of the General Provident Fund (Central Services) Rules, 1960, which lays down provisions for withdrawal of money from GPF is reproduced as below:

“15. Withdrawals from the Fund –

(1) Subject to the conditions specified therein, withdrawals may be sanctioned by the authorities competent to sanction an advance for special reasons under sub-rule (2) of Rule 12, at any time-

(A) after the completion of fifteen years of service (including broken periods of service, if any) of a subscriber or within ten years before the date of his retirement on superannuation, whichever is earlier, from the amount standing to his credit in the Fund, for one or more of the following purposes, namely:-

(a) meeting the cost of higher education, including where necessary, the travelling expenses of the subscriber or any child of the subscriber in the following cases, namely:-

(i) for education outside India for academic, technical, professional or vocational course beyond the High School stage; and

(ii) for any medical, engineering or other technical or specialized course in India beyond the High School stage;

(b) meeting the expenditure in connection with the betrothal/ marriage of the subscriber or his sons or his daughters, and any other female relation actually dependent on him;

(c) meeting the expenses in connection with the illness, including where necessary, the travelling expenses of the subscriber and members of his family or any person actually dependent on him;

(d) meeting the cost of consumer durables such as TV, VCR/VCP, washing machines, cooking range, geysers and computers.

(B) During the service of a subscriber from the amount standing to his credit in the Fund for one or more of the following purposes, namely:

(a) building or acquiring a suitable house or ready-built flat for his residence including the cost of the site or any payment towards allotment of a plot or flat by the Delhi Development Authority, State Housing Board or a House Building Society;

(b) repaying an outstanding amount on account of loan expressly taken for building or acquiring a suitable house or ready-built flat for his residence;

(c) purchasing a house-site for building a house thereon for his residence or repaying any outstanding amount on account of loan expressly taken for this purpose;

(d) reconstructing or making additions or alterations to a house or a flat already owned or acquired by a subscriber;

(e) renovating, additions or alterations or upkeep of an ancestral house or a house built with the assistance of loan from Government;

(f) constructing a house on a site purchased under clause (c)

(C) within twelve months before the date of subscriber’s retirement on superannuation from the amount standing to the credit in the Fund, without linking to any purpose. (D) Once during the course of a financial year, an amount equivalent to one year’s subscription paid for by the subscriber towards the Group Insurance Scheme for the Central Government employees on self-financing and contributory basis.”

The rule does not contain any restriction for a suspended employee for withdrawing money from GPF.

     

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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 for us to read your judgment and guide you on facts of the case. Please engage a lawyer for this purpose.

Appeal against acquittal is filed under Section 378 of Cr.P.C.

Normally, the accused in the case of appeal against acquittal should get exemption from personal appearance. However, these issues are in discretion of the appellate court. For example, see the provisions of Section 390 of Cr.P.C. in this regard:

“390. Arrest of accused in appeal from acquittal.— When an appeal is presented under Section 378, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.”

For your defence, consult some lawyer by showing him full papers.

Whether a case of perjury and/or defamation is made out, would depend upon the detailed facts of the case. Show the papers to some local lawyer 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]

Please see the following articles, which cover reply to your question:

Dishonour of cheque given as security – whether offence under Section 138 N.I. Act made out?

Cheque issued as security but stopped due to no service provided by broker

Cheque given as security, amount and date filled in by payee

Generally speaking, no offence under section 138 of the Negotiable Instruments Act will be made out if the cheque that has been dishonoured was issued only as a security and not for discharge of any debt or liability.

Therefore, you have to prove in the court that the cheque was given not as security but towards payment of amount due to you. This proof can be given in court by exhibiting relevant documents, such as bills, goods supplied, etc.     

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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]

Please refer to the following circular from the CVC, which covers the issue of anonymous and pseudonymous complaints received by Government departments. It is mentioned in the said circular that in one case, the Central Administrative Tribunal (CAT) had quashed the charge sheet issued to an employee on the ground that the complaint was a pseudonymous complaint in respect of which the Central Vigilance Commission (CVC) did not allow enquiry. This CAT order of quashing the charge sheet was upheld even by the Supreme Court. Please read the above circular, which is reproduced below:

 

     

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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]

In the case of Amar Nath v. State of Haryana, (1977) 4 SCC 137, the Supreme Court has described “interlocutory order” as under:

“The main question which falls for determination in this appeal is as to what is the connotation of the term “interlocutory order” as appearing in sub-section (2) of Section 397 which bars any revision of such an order by the High Court. The term “interlocutory order” is a term of well-known legal significance and does not present any serious difficulty. It has been used in various statutes including the Code of Civil Procedure, Letters Patent of the High Courts and other like statutes. In Webster’s New World Dictionary “interlocutory” has been defined as an order other than final decision. Decided cases have laid down that interlocutory orders to be appealable must be those which decide the rights and liabilities of the parties concerning a particular aspect. It seems to us that the term “interlocutory order” in Section 397(2) of the 1973 Code has been used in a restricted sense and not in any broad or artistic sense. It merely denotes orders of a purely interim or temporary nature which do not decide or touch the important rights or the liabilities of the parties. Any order which substantially affects the right of the accused, or decides certain rights of the parties cannot be said to be an interlocutory order so as to bar a revision to the High Court against that order, because that would be against the very object which formed the basis for insertion of this particular provision in Section 397 of the 1973 Code. Thus, for instance, orders summoning witnesses, adjourning cases, passing orders for bail, calling for reports and such other steps in aid of the pending proceeding, may no doubt amount to interlocutory orders against which no revision would lie under Section 397(2) of the 1973 Code. But orders which are matters of moment and which affect or adjudicate the rights of the accused or a particular aspect of the trial cannot be said to be interlocutory order so as to be outside the purview of the revisional jurisdiction of the High Court.”

In Central Bank of India v. Gokal Chand, AIR 1967 SC 799, 800 : (1967) 1 SCR 310, Supreme Court while describing the incidents of an interlocutory order, observed as follows:

“In the context of Section 38(1), the words “every order of the Controller made under this Act”, though very wide, do, not include interlocutory orders, which are merely procedural and do not affect the rights or liabilities of the parties. In a pending proceeding, the Controller, may pass many interlocutory orders under Sections 36 and 37, such as orders regarding the summoning of witnesses, discovery, production and inspection of documents, issue of a commission for examination of witnesses, inspection of premises, fixing a date of hearing and the admissibility of a document or the relevancy of a question. All these interlocutory orders are steps taken towards the final adjudication and for assisting the parties in the prosecution of their case in the pending proceeding they regulate the procedure only and do not affect any right or liability of the parties.”

      

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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, phone messages and voice recordings are in the form of electronic evidence and the same can become admissible as per the provisions of Section 65-A and 65-B of the Evidence Act.     

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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 first try to pursue with the higher authorities of the college regarding refund of your caution money. If it is not successful, you may try approaching (with your complaint) the Department of College Education of your state (or, any similar department which regulates college education in your state), or the Secretary of Higher Education in your state. If there is an ombudsman appointed for the college or for the colleges in your state, then you may approach him also.

If these methods are not successful, in the alternative, you can even consider filing a complaint in consumer court under the Consumer Protection Act, because “students” are covered within the meaning of “consumers” since imparting education is a service under the Consumer Protection Act.

     

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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]

Please mark my words:- you “may” have to pay maintenance, “depending upon facts of your case”.

So, maintenance is “depending upon facts of your 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]

For subsistence allowance, pursue with your authorities. There may be some delay, but it should be given to you. In case of extraordinary delay, approach the court / tribunal.

With regard to copy of charge sheet, it is generally given to the accused when the accused remains present in court on the first date after filing of charge sheet. So, wait for the police asking you to remain present in court after filing of charge sheet.     

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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]

Wait for the order to become available online, or approach the high court registry to get certified copy of the order.     

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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]

Please contact the authority with whom you have filed the complaint. They only can tell you about the further progress in the matter.     

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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]

There are two options:

(1) You can file an application for restitution of conjugal rights.

(2) File an application for divorce (by mutual consent or otherwise unilaterally) after the minimum period for filing such application is over.

Yes, you may have to pay maintenance, depending upon facts of your 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]

Please engage some local lawyer at the place where the case is required to be filed.     

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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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