[Dr. Ashok Dhamija]

It appears that you have not read the article at the link provided in the first reply. It is clearly mentioned therein that review petition can be filed on limited grounds and on what grounds, that is also mentioned therein. Please read that article carefully again. Your questions are already answered there.     

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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]

Supreme Court is the highest court of the land. There is no provision for filing appeal against an order of the Supreme Court. However, in appropriate cases, a review petition can be filed, and in certain situations, thereafter, even a curative petition can also be filed. But, the chances of success in a review petition or a curative petition are very limited. For more details, see: Success Rate of Review Petition and Curative Petition in Supreme Court     

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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 read this article, where all these codes are explained: Complete list of reasons for which a cheque can be returned unpaid by a bank.

Code No. 36 for return of cheque means: “Wrongly delivered/ Not drawn on us”. Thus, it is clear that the cheque has been deposited in a wrong bank since it is not drawn on that bank. Present the cheque in the correct bank.     

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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]

All these 3 sections, namely 279, 337 & 304A of IPC are cognizable and bailable. The police has the power to arrest without warrant. But, since the maximum punishment for all these sections is less than 7 years, as per the recent amendments to the Criminal Procedure Code (effective from 1 Nov 2010), the police can arrest without warrant only subject to certain conditions laid down in Section 41 of that Code. Moreover, if an arrest is made, then also since these are bailable offences, the police can grant them bail and in fact it is expected that bail would be granted by police in accordance with Section 436 of the said Code.

The provisions of anticipatory bail are applicable only for non-bailable offences. Since the above sections are bailable offences, there is no need to seek anticipatory bail and in fact the provision of anticipatory bail will not apply. But, as mentioned above, bail will be granted by police if the person is arrested for these sections.     

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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]

Section 6 of the Hindu Minority and Guardianship Act, 1956, is reproduced below for your information:

“6. Natural guardians of a Hindu minor.—The natural guardians of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are—
(a) in the case of a boy or an unmarried girl—the father, and after him, the mother : Provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;
(b) in the case of an illegitimate boy or an illegitimate unmarried girl—the mother, and after her, the father;
(c) in the case of a married girl—the husband :
Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section—
(a) if he has ceased to be a Hindu, or
(b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi).
Explanation.—In this section, the expressions ‘father’ and ‘mother’ do not include a step-father and a step-mother.”

As per above provisions, in the case of a boy or an unmarried girl—the father is the preferred natural guardian, though it is also provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. However, in your case, both children are above the age of 5 years.

In view of this, you can apply for regular custody of your children.

     

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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 doubt arose as to whether you are for the complainant or the accused persons because in your second question, you have wrongly mentioned: “…discharge petition is filed if all the accused are removed from challan by police…”. If you are for the complainant, then you should have written “protest petition” instead of “discharge petition“.

Anyway, now that you have clarified that you are the complainant yourself, what I wrote in my first reply remains valid. You are entitled to file a protest petition even if some of the accused are not charge sheeted. It is not correct to say that protest petition can be filed only when all the accused persons are not charge sheeted. As a matter of fact, protest petition can be filed by the original complainant even if some of the accused persons are not charge sheeted by police.

This is clear from the case of Bhagwant Singh v. Commr. of Police, (1985) 2 SCC 537, in which the Supreme Court has held as under:

“We are accordingly of the view that in a case where the Magistrate to whom a report is forwarded under sub-section (2)(i) of Section 173 decides not to take cognizance of the offence and to drop the proceeding or takes the view that there is no sufficient ground for proceeding against some of the persons mentioned in the first information report, the Magistrate must give notice to the informant and provide him an opportunity to be heard at the time of consideration of the report.”

As mentioned in my first reply, thus, you may first consider filing a protest petition and thereafter you may consider filing S. 482 petition before high court if your protest petition is not successful.

This is what I genuinely consider to be the correct procedure to be followed. However, it is up to you or your advocate if you want to directly approach the high court under Section 482 instead of first filing a protest petition with the Magistrate court.     

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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]

My above answer was given on the basis that you are the complainant or that you are asking on behalf of the complainant. This is what appeared from your first question.

However, after your second question there appears to be doubt. Please clarify whether you are asking question on behalf of the complainant or on behalf of accused persons.     

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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 Hyderabad to help you in procedural matters if you do not want to engage an advocate for arguments 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]

There appears to be prima facie matter to register FIR, if a complaint is filed by the girl. It can be both under Section 354 and 354A, depending upon details of facts. The police will generally speaking charge sheet the case also, since they would generally believe the statement of the girl. Whether there would be conviction after trial would depend on the 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]

See, as I mentioned it is up to the courts to interpret the language of the section. I am a small person and my interpretation may not mean anything.

The language is slightly vague. It can be POSSIBLY interpreted in one of the following two ways:

“follows a woman and contacts”, or “follows a woman and attempts to contact”

“follows a woman or contacts or attempts to contact”.

In the example given by you, as I said earlier, other ingredients should also need to be examined such as “to foster personal interaction repeatedly” and the exceptions. Generally, the intention has to be seen. The detailed facts and circumstances have to be seen.

If you are facing such a case, you should consult some local lawyer who can examine the facts in greater details and see how best he can help you. In such a case, you may have to go to court by taking a chance. It is not possible for me to give an abstract reasoning on the facts of an individual 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]

These words have not been defined or explained in section 354-D of IPC or anywhere else in that Code. The courts have yet to interpret them. In the absence of any definition or explanation, the court will generally look at their ordinary dictionary meaning and will apply the well-established rules of interpretation to interpret the correct meaning.

I may point out that generally the word “or” is considered as disjunctive and the word “and” is generally considered to be conjunctive. However, at times, these words have been read as vice versa to effectuate the manifest intent of the legislature as disclosed from the context in which they are used. Thus, sometimes, the word “and” has been interpreted to have been used as “or” and vice versa.

In view of this, it is for the courts to decide whether “follows and contacts” would be interpreted in it literal meaning in the conjunctive sense, or to interpret the same as “follows or contacts” in the disjunctive sense. The context in which these words are used, i.e., the words “or attempts to contact” which follow the words “follows and contacts” may also be important. Various rules of interpretation of statutes would be useful, including the rule that substantive criminal laws (such as IPC) are generally required to be construed very strictly.

Whether the offence of stalking would be made out if someone sends message to his female friend 4 times in 7 days, will have to be seen in the context of the full facts and circumstances of the matter, and also in the context of whether other ingredients mentioned in section 354-D IPC are satisfied and also whether or not this act comes within the meaning of 3 exceptions mentioned in the Proviso to the section. It may not be advisable to give a general reply in the absence of the full context.     

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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 try using the provisions under Order 41 Rule 27 [Production of additional evidence in Appellate Court], in particular clause (aa) of Sub-Rule (1), as shown below:

“27. Production of additional evidence in Appellate Court.— (1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if—
(a) the Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or
(aa) the party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed, or
(b) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause,
the Appellate Court may allow such evidence or document to be produced or witness to be examined.
(2) Whenever additional evidence is allowed to be produced by an Appellate Court, the Court shall record the reason for its admission.”
     

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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 have already asked a similar question: HOW TO GET Death person shares in stock Market.

The same legal principle will apply. Please do not repeat the same question for different properties.     

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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 have not mentioned what is the stage in the proceedings. Whether the suit is still pending? Is the suit pending before the high court?

Please note that Section 153 of Civil Procedure is related to the power of the court to amend “any defect or error in any proceeding in a suit”. This section is reproduced below:

“153. General power to amend.— The Court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding.”

Amendment of the plaint is covered under Rule 17 of Order VI and is reproduced as under:

“17. Amendment of pleadings.—The Court may at any stage of the proceedings allow either party to alter or amend his pleading in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties:
Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.”

     

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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 there was a will, you’ll have to obtain Probate from the court on the basis of the will. The persons who are named in the will as beneficiaries may get the benefit.

If it is without will, you’ll have to obtain succession certificate in favour of all the lawful heirs who are entitled to succession to the property of the deceased.

If the shares held by the deceased had nominee registered, then the shares may be transferred to the name of the nominee in the meanwhile.     

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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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