[Dr. Ashok Dhamija]

You have a similar question, which has already been answered at: False 498a ,506 cases on NRIs with Indian passport.

(1) Generally speaking, it is not possible to expedite trials, due to huge pendency of cases. You may try, if you want, but chances of getting order in this regard are limited.

(2) Usually, the trial will not proceed against the accused persons who are not present before the court. Sometimes, Section 299 of the Cr.P.C. is resorted to in such situations.

(3) Cannot comment on facts of a case, i.e., where the cash money can be kept, etc.

(4) For non-cognizable (NC) offence, you have to file a private complaint before the court concerned, since police has no power.

(5) Cannot comment on the detailed facts of case as to whether the respondent will be jailed, etc. It depends on the facts 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]

(1) If the accused persons do not come to India and continue to stay abroad, of course, they cannot be arrested in India. But, the concerned police authorities may get the passport revoked and deportation or extradition proceedings initiated against them for getting them back to India.

(2) It may generally be difficult to enforce interim maintenance order in a foreign country, but technically it may be possible.

(3) Order of maintenance depends on various factors and detailed facts of each case, including employment / earnings of both parties. Hence, cannot comment on individual case.

(4) The 498A IPC case, after filing of charge sheet, will continue till completion of trial. Subsequently, there may be appeals also. Generally, it takes several years, may be decades also.

(5) Cannot comment on the facts of an individual case, as to why the giver of dowry is not made accused. You can file a complaint against them if you so like.

(6) Even if a part of the offence has occurred in a particular city, while other parts of the same case having occurred at other places, the offence can be registered and tried at such place where part offence took place. But, if no part of such offence occurred at that place, then you can apply on the basis of jurisdiction.

(7) You have to file complaints with police for attacks, if any.

(8) Generally speaking, it is not possible to expedite trials, due to huge pendency of cases. You may try, if you want, but chances of getting order in this regard are limited.

Keeping in view a large number of queries you have, you should engage some lawyer to handle your case and take his detailed guidance on the 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]

Also refer to your separate question in this regard, which has been just answered: Notrised copy submitted in execution filing. Please read that answer, and do not submit duplicate or similar question separately.

The detailed procedure for Execution Proceedings is covered in Order 21 of the Civil Procedure Code (CPC). Please read the relevant rules in that Order which are applicable in your case. In particular, see the provisions of Rule 11 of Order 21 of CPC that details provisions relating to filing of written application for execution proceedings, which is reproduced as under:

“11. Oral application.— (1) Where a decree is for the payment of money the Court may, on the oral application of the decree-holder at the time of the passing of the decree, order immediate execution thereof by the arrest of the judgment-debtor, prior to the preparation of a warrant if he is within the precincts of the Court.

(2) Written application.— Save as otherwise provided by sub-rule (1), every application for the execution of a decree shall be in writing, signed and verified by the applicant or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case, and shall contain in a tabular form the following particulars, namely:—

(a) the number of the suit;

(b) the names of the parties;

(c) the date of the decree;

(d) whether any appeal has been preferred from the decree;

(e) whether any, and (if any) what, payment of other adjustment of the matter in controversy has been made between the parties subsequently to the decree;

(f) whether any, and (if any) what, previous applications have been made for the execution of the decree, the dates of such applications and their results;

(g) the amount with interest (if any) due upon the decree, or other relief granted thereby, together with particulars of any cross-decree, whether passed before or after the date of the decree sought to be executed;

(h) the amount of the costs (if any) awarded;

(i) the name of the person against whom execution of the decree is sought; and

(j) the mode in which the assistance of the Court is required, whether—

(i) by the delivery of any property specifically decreed;

(ii) by the attachment, or by the attachment and sale, or by the sale without attachment, of any property;

(iii) by the arrest and detention in prison of any person;

(iv) by the appointment of a receiver;

(v) otherwise as the nature of the relief granted may require.

(3) The Court to which an application is made under sub-rule (2) may require the applicant to produce a certified copy of the decree.”

As you might have noticed, sub-Rule (3) says that the court may require the applicant to produce a certified copy of the decree, which in your case is the arbitration award.

     

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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 per a recent judgment of the Supreme Court, delivered on 15 February 2018, in the case of Sundaram Finance Ltd. v. Abdul Samad, (2018) 3 SCC 622, it has been held that the enforcement of an arbitration award, through its execution, can be filed anywhere in the country where such decree can be executed and there is no requirement for obtaining a transfer of the decree from the court, which would have jurisdiction over the arbitral proceedings.

The Supreme Court held that some High Courts are of the incorrect view that transfer of decree should first be obtained before filing the execution petition before the court where the assets are located. It was further held that other High Courts are of the correct view that an arbitration award is to be enforced in accordance with the provisions of the CPC in the same manner as if it were a decree of the court as per Section 36 of the Arbitration and Conciliation Act, 1996, which does not imply that the award is a decree of a particular court, and it is only a fiction. Thus, it was held that the award can be filed for execution before the court where the assets of the judgment-debtor are located.

     

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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]

Gratuity is paid by the employer to the employee in gratitude for the services offered by the employee in the company. Usually, it is not deducted from the salary, as far as I understand.

As per Section 4 of the Payment of Gratuity Act, 1972, gratuity is generally paid to an employee on termination of his employment after he has rendered a continuous service of 5 years or more.

However, you can check the terms of your employment and the pay package offered to you. There may perhaps be a clause to refund the amount deducted from you on completion of your contract period if it is specifically mentioned in the contract. It is also possible that the amount might have been wrongly described as gratuity and may be towards some other deduction, such as, for example, National Pension Scheme (NPS). Please ascertain from the terms of contract.

I am not aware of the local laws applicable in Karnataka with regard to leave admissible to an employee and the conditions subject to which it is admissible. Please consult some local expert.

     

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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 the cognizance is yet to be taken by the court, then in all probability, you might not have been summoned by the court so far. You can wait for the summoning order and if cognizance is taken, you can apply for discharge if you feel that there is no prima facie case.

Usually, statement of accused person is recorded by the police during investigation, wherein he can explain the circumstances, including his innocence. However, this statement of the accused is not produced before the court. There is no other requirement of calling for any specific explanation from the accused by the investigating officer. You will get plenty of opportunity of explaining the case before the court after it takes cognizance.

     

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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]

Even in the absence of an arbitration agreement or arbitration clause in your employment agreement, it may be possible for you to negotiate with the employer. If it is convenient for you and if the employer is agreeable, you can try to convince them for payment of 60 days’ salary in lieu of not having given the two months’ notice.

If the employer company wants to file a suit for the amount of Rs. 1.50 lakh, it may have to incur expenses initially for filing of case, payment of professional fee to the lawyer, etc., and then there is no guarantee that the employer would win the case. So, it is quite possible that the employer may agree and settle for a small amount if you negotiate with them, since filing a case may not be cost-effective for them.

In the worst situation, if a suit is actually filed against you, there would be no option for you except contesting the case on merits wherein you can show your side of the story.

     

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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]

Usually, it may take a few years to get the divorce case completed in most states. Further, there may be appeal(s), which may take further time for disposal. In fact, even divorce by mutual consent also would take about 8-9 months.

It would be advisable for you to negotiate with your husband and file an application for divorce on the basis of mutual consent. That will ensure an early and uncontested divorce.

Live-in relationship with another man while your first marriage is still valid, may not be a good idea. It may land the man in legal trouble of adultery offence as and when it comes to the knowledge of your husband.

     

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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 filing an application for correction in the name of your father, along with reasons for delay. If the authorities do not agree, then you may have to approach the high court by filing a writ petition under Article 226 of the Constitution. It is no guarantee that you’ll get success, but this is what can be tried. It is said that law helps those who are careful.

Otherwise, if it is really a serious issue for you, you can consider requesting your father to change his name by following the process for the same, which includes publishing the change of name in the Official Gazette of the State Government. Once it is done, you can annex the copy of the Gazette notification along with the educational certificate where your father’s name is spelled wrongly. It should take care of the error. Contact the authorities in your state to find our procedure for change of name.     

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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 cheques issued in favour of several persons have bounced, even though the drawer is the same person, each such matter will constitute a separate case. Therefore, it is not advisable to send a joint notice to the drawer of the cheques. They should send individual notices and may have to file individual cases.

Secondly, irrespective of the amount of the cheque (whether Rs. 1 crore or above or less), the cheque bounce case under Section 138 of the Negotiable Instruments Act has to be filed only in the court of the Magistrate. Such case cannot be filed in the high court directly.

     

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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]

A similar question has already been answered by me at the link: Married man in live in relation with unmarried woman – legal provision. Please read that.

Moreover, another part of your question is covered in the answer at: Freedom from parental detainment and legal provision of live in relationship.

Please do not ask academic questions, as this Forum is meant only for replying to questions of those who are actually facing real legal problems. It is not meant for answering academic queries.

     

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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]

Different procedures are being followed in different courts / tribunals in this regard. In some courts, almost whole plaint / complaint is reproduced in the affidavit. On the other hand, in some courts, a short affidavit is sufficient, in which instead of reproducing everything from the plaint / complaint, a reference is made to the paragraphs (such as what is stated in paragraphs 1 to 12 of the complaint are true…, etc.).

Both types of affidavits may be alright, but many of such procedures are governed by the practices followed in those courts. The lawyers also get used to them and there is a habit formation. If the registry does not find an affidavit in accordance with such habit or practice, they find it unusual and therefore object to it.

So, you’ll have to file the affidavit as per the practices followed in such court / tribunal / forum. Otherwise, you’ll have to fight with and keep explaining.

Generally, only one affidavit is to be filed for each pleading. But, if your affidavit is not found to be in the proper format, they may ask you to file another affidavit. So, act as per the guidance / requirements of the registry.

Since you are appearing in person, you are finding it odd. Lawyers regularly practicing might have already got used to such things.

     

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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 carefully read the language of Section 20(1) of the Protection of Women from Domestic Violence Act, 2005, you will find that it provides for grant of monetary reliefs for the “the loss of earnings” as well as maintenance and certain other types of monetary reliefs. Therefore, I think it may be possible for you to claim such relief on sufficient proof being given of such loss being caused due to the domestic violence. Section 20 is reproduced below:

“20. Monetary reliefs.—(1) While disposing of an application under sub-section (1) of Section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to,—

(a) the loss of earnings;

(b) the medical expenses;

(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and

(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under Section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.

(2) The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.

(3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.

(4) The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the application and to the in charge of the police station within the local limits of whose jurisdiction the respondent resides.

(5) The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub-section (1).

(6) Upon the failure on the part of the respondent to make payment in terms of the order under sub-section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.”

 

     

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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]

Each and every page of a document, such as an agreement or pleading, is required to be signed by each party for the simple reason that tomorrow an individual page could not be changed unilaterally by one of the parties. Even if the Notary is signing each page or affixing his stamp on each page, there is a possibility that one of the parties can still manipulate an individual page in connivance with the Notary. Further, in the absence of signature of on each page by a party, there is a possibility of him tomorrow claiming that a page has been changed by the other party (in fact, he can himself change a page in his copy and then say that the copy available with the opposite party is not correct or genuine).

Therefore, usually, there is a practice of all parties (and, even witnesses) signing each and every page of the important agreements, etc., in order to avoid future complications. In fact, it is in the interests of all the parties themselves. There is nothing wrong in this.

     

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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 26 of the Civil Procedure Code does not say what you have stated, it is Rule 15 of Order 6 of CPC that says it. But, this Rule also says this in respect of a pleading and not the affidavit, i.e., “…pleading shall be verified at the foot by the party…”. Of course, an affidavit also has a verification clause.

There may be duplication of the Verification clause (in the pleading and in affidavit), but, then this is what the law requires, as you can see from the language of Rule 15 of Order 6 which requires a verification to the pleading and also an affidavit (which again has a verification clause). The lawyers have to follow the law. The verification in the pleadings is the self-verification, whereas in the affidavit it is before the oath commissioner or Notary, etc.

If you want any improvement in the law, you can give your suggestions to the competent authorities, who can amend the law.

Section 26 of CPC lays down as under:

“26. Institution of suits.— (1) Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.

(2) In every plaint, facts shall be proved by affidavit.”

Rule 15 of Order 6 of CPC is as under:

“15. Verification of pleadings.— (1) Save as otherwise provided by any law for the time being in force, every pleading shall be verified at the foot by the party or by one of the parties pleading or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case.

(2) The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.

(3) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.

(4) The person verifying the pleading shall also furnish an affidavit in support of his pleadings.”

 

     

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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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