[Dr. Ashok Dhamija]

As far as I understand normally headquarters would mean the station where the government servant is posted. It may imply the city or town where he is posted. However, in cases where an officer is in charge of a particular area which is larger than a town, etc., such as a district, then he may not need permission to visit anywhere in his area. For example, Superintendent of Police is posted as in charge of a district; therefore, he would not need permission to visit anywhere within his district; but, if he goes outside his district, he may need permission to go out of the his area.

In other cases, as mentioned above, in my opinion, the headquarters should mean the station or town where such government servant is posted or employed.

In may opinion, it may not be correct to say that headquarters would mean the place where the records about the employee are kept. It should be the place where the employee is posted.

However, if your department is giving you some other interpretation, then you have to seek clarification from the department itself if there is some confusion about its interpretation. If needed, you may request the department to quote the relevant rules / orders to support the view that it is taking.

     

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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 13(4) of the Consumer Protection Act, 1986, provides that the District Consumer Forum shall have the same powers as are vested in a civil court under the provisions of the Civil Procedure Code, inter alia, including “the discovery and production of any document or other material object producible as evidence“.

Therefore, I am of the opinion that it should be possible for you to submit the original device in which audio or video was recorded in order to provide evidence in respect of their contents, since such electronic evidence is generally admissible and such electronic record is considered as a document.

If you want to submit secondary evidence in the form of soft copy of the recording or the transcript thereof, then you may generally follow the rules laid down in Section 65-B of the Evidence Act. Even if the provisions of the Evidence Act may not be applicable in consumer cases in the strict or literary manner, the spirit of that Act or the general principles may still be applied. In any case, the consumer forum may allow alternative ways of admitting the electronic 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]

Please read the following answers, wherein your question is also covered:

• How many days it takes SLP to be listed before Supreme Court after it is filed?
• How many days it takes to remove defects in diary number in Supreme Court?
• Case status of Special Leave Petition SLP in Supreme Court from Diary Number

The case will be listed in the Supreme Court when the defects are removed in the filing of the SLP, whereupon a regular SLP number is given to the case.

Your second question is already answered in the links given above.

Regarding your third question, I cannot comment since it depends on the merits of the case as to whether or not a case would succeed.

     

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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]

I have already replied to a similar question. Please see: Service matter – whether railway employees are Central Govt civil servants.

Please see this Notification from the Staff Selection Commission (SSC) for eligibility for the Combined Graduate Level Examination (CGL) which also gives details of age relaxation for various categories, including the Central Govt. Civilian Employees. In my personal opinion (due to the reasons given in my above answer), you should be in a position to claim the age relaxation benefit under this category. However, to get an accurate answer, please contact the SSC for clarification, since I am not aware what meaning they are giving to the expression “Central Govt. Civilian Employees”. If needed, file an RTI application with SSC. Further, if needed, you can even consider approaching the Central Administrative Tribunal, after weighing all the pros and cons.

     

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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 14 of the Income Tax Act, 1961, makes it clear that the computation of total income includes income under the head of Capital Gains also. Therefore, he is entitled to include the Long Term Capital Gains (LTCG) as well as Short Term Capital Gains (STCG) in the total income and claim benefit of the basic exemption of Rs. 2.50 lakh from such total income.

If the income is still taxable, then he can compute income tax at special rates of LTCG and STCG to the extent taxable income is coming under those categories. If any additional total income is still available, then the normal rate of tax will be applicable.

     

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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 the following options in this situation (I am presuming that you are the complainant in this case, though you have not mentioned it specifically):

• You have mentioned that the high court has passed the order for grant of interim bail. This means that the final order for grant of anticipatory bail is yet to be passed. So, you can appear in the case and oppose the grant of bail on the grounds available to you. Or, request the public prosecutor to oppose it.
• If final order has been passed by the high court and if it is passed by a Single Judge bench, and if your high court rules permit appeal from a Single Judge bench to a Division bench, then you can appeal against the decision in the Division bench.
• If final order has been passed, you can file an application for cancellation of (anticipatory) bail granted, though generally it is rare to see the cancellation of anticipatory bail applications.
• If final order has been passed by high court, you can file SLP in the Supreme Court, though the chances of success in such a case would be less for you.

With regard to your second question, let me point out that normally there is a clause in the Verification of the Affidavit filed along with applications / petitions that “nothing material has been concealed” or something similar. This is on oath / affirmation. So, suppose such a clause was mentioned in the application before the high court, and if you believe that the accused had concealed material facts, then this may amount to perjury since he has given false affidavit in such a situation.

     

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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 I have pointed out in my answer (Can a person get passport during pendency of criminal case?), it is possible to get passport even if a criminal case is pending in a court in India. What you need to do is to obtain permission from the court where the criminal case is pending and then apply for the passport along with such permission granted by the court. Please read the above answer for more 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]

You may have to file an application for alteration / modification / cancellation of the maintenance order before the court, highlighting all these issues that the wife has sufficient property and rental income, etc., whereas the husband has not income at all. Sufficient evidence will have to be given by you in this regard. If the court is satisfied, it can pass the suitable order. If needed, you can move the higher court in appeal / revision.

     

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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 provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, appear to be vague in this regard.

The definition of “victim” in Section 2 of the said Act appears to be including the relatives of a member of SC/ST within its fold, and no qualifying words have been used while referring to relatives:

“(ec) “victim” means any individual who falls within the definition of the “Scheduled Castes and Scheduled Tribes” under clause (c) of sub-section (1) of Section 2, and who has suffered or experienced physical, mental, psychological, emotional or monetary harm or harm to his property as a result of the commission of any offence under this Act and includes his relatives, legal guardian and legal heirs;”

However, while defining the offence of atrocity under Section 3 of the said Act, the word “victim” is not used therein and rather the offence is defined with reference to any act committed against a member of SC/ST. Therefore, if one goes by Section 3, then the offence can be said to have been committed only if the act is committed against a member of the SC/ST only (the word “relatives” is not used here).

However, certain other rights have been given to the “victim” (which includes the relatives of a member of SC/ST, as mentioned above). For example, see Section 15-A of the Act, which gives rights such as their protection and various other rights.

From what is mentioned above, in my opinion, it appears that you (belonging to general category) can file a complaint under SC/ST Act against the other general category woman who is hurling caste abuses, only if the target is your husband who is from SC category, i.e., if the caste abuses are hurled at your husband who is a member of SC/ST.

     

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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]

Such appeal by way of motion will have to be filed against the order of the Registrar refusing to receive the petition. You may have to show as to how the grounds mentioned by the Registrar for refusing to receive the petition are not correct. So, you may have to show how the petition is not frivolous, or how it does not contain any scandalous matter, or how it discloses reasonable cause, etc., depending on the ground on which the Registrar has refused to receive the petition.

     

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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]

Similar questions have already been replied to at this Forum. Please read the following answers in which your question is also covered:

• How many days it takes SLP to be listed before Supreme Court after it is filed?
• In how many days SLP listed in Supreme Court after getting SLP Number?

In your case, it appears from the Supreme Court website that one of the defects is still not cured, while 3 other defects have been cured. So, take necessary action if this is the correct position at present.

     

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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]

Offence under Section 9 of the Maharashtra Public Records Act, 2005, appears to be a cognizable offence, since the maximum punishment can be up to 5 years’ imprisonment. Further, no restriction with regard to taking of cognizance has been laid down.

If you believe that an offence under the above legal provision is made out in the facts of your case, and if the police refuses to register an offence, you’ll have to file a complaint in the court of the Magistrate under Section 156(3) of the Criminal Procedure Code for directing the police to investigate the case. Else, you can file a private complaint case under Section 190 of the Cr.P.C.

     

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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 understand that, as per the facts mentioned by you, you were acquitted by the trial court (on the basis of benefit of doubt) and appeal has been filed in the high court against this order of trial court by the State. So, this is not your appeal but an appeal by the State. Generally speaking, in an appeal against acquittal, the high court will either dismiss the appeal or may allow it by convicting you. If the high court dismisses the appeal, it would generally speaking uphold the order of the trial court, and would not go farther to further pass an order of “honourable acquittal”. Usually, such additional order is not passed by high court. It is very rare to see such type of order. After all, it is not your appeal.

Further, review of the Supreme Court is generally allowed within limited period of 30 days.

In any case, if at all what you have mentioned, happens, it may be a case on new / changed facts. So, it may necessitate a fresh case.

However, as far as I understand, since your dismissal was not on the basis of conviction, but even after acquittal, it must have been passed after a disciplinary proceeding or some other independent proceeding (permissible under law relating to you) conducted by your department, wherein the charges might have been proved separately in such proceeding. It is possible that you might have taken the defence that the trial court has acquitted you, but the department might have held that the acquittal was on the basis of benefit of doubt. But, for dismissal even after an acquittal, as far as I understand, there will have to be a separate finding in the disciplinary proceeding or whatever other proceeding is permitted under the law applicable to you. So, ultimately, you’ll have to challenge such order in the disciplinary proceedings on its merits. Now, whether the high court order in the appeal against acquittal by trial court helps you to challenge the above order of dismissal in a fresh manner, is an issue that you’ll have to examine after the high court is passed. But, as I mentioned above, chances for the same are very little.

     

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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]

Your question involves study of detailed facts, including the study of the relevant circulars / orders of the Railway Board. Without seeing the documents in detail, it is not possible to comment accurately on the facts of the case. An advice given without seeing the detailed facts / documents may not be correct. That is why our forum guidelines state that we are not in a position to answer questions relating to detailed facts. You may please consult some local lawyer by showing him full details / documents.

Ultimately, you may have to challenge the Government decision in the tribunal if you are not satisfied with it.

     

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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]

Dasti implies “by hand”. A dasti notice is required to be served by hand, i.e., in person. It can be served by the party concerned (or by a person on his behalf) or by his advocate. An affidavit is generally required to be filed in the court regarding the manner of serving the dasti notice on the party concerned.

Rule 9A in Order 5 of the Civil Procedure Code provides for dasti notice (though the word dasti is not used therein):

“9-A. Summons given to the plaintiff for service.— (1) The Court may, in addition to the service of summons under rule, on the application of the plaintiff for the issue of a summons for the appearance of the defendant, permit such plaintiff to effect service of such summons on such defendant and shall, in such a case, deliver the summons to such plaintiff for service.

(2) The service of such summons shall be effected by or on behalf of such plaintiff by delivering or tendering to the defendant personally a copy thereof signed by the Judge or such officer of the Court as he may appoint in this behalf and sealed with the seal of the Court or by such mode of service as is referred to in sub-rule (3) of Rule 9.

(3) The provisions of Rules 16 and 18 shall apply to a summons personally served under this rule as if the person effecting service were a serving officer.

(4) If such summons, when tendered, is refused or if the person served refuses to sign an acknowledgment of service or for any reason such summons cannot be served personally, the Court shall, on the application of the party, re-issue such summons to be served by the Court in the same manner as a summons to a defendant.”

Every court may have its own specific rules with regard to the dasti service of notices. For example, Rule 3 of Order LIII of the Supreme Court Rules, 2013, contains the following provision with regard to dasti service:

“Provided further that, where ‘dasti’ service (i.e. service through party) is directed or allowed, the party shall (unless permitted otherwise), within fifteen days of issue of dasti, tender the ‘dasti’ notice to addressee in person and obtain an acknowledgment of service from the addressee. In case the addressee declines to receive, or acknowledge the service of, notice the party shall move the principal civil court (other than High Court) within local limits of whom addressee resides (or carries on business or personally works for gain), for service through special bailiff, the process fee/charges for which shall be borne by the said party. The concerned court shall direct expeditious service of notice through special bailiff and cause a report of service to be sent to the Registrar of this Court by registered /Speed Post A.D., the charges for which shall be paid by the concerned party, and forward a copy of the said report through the party, for being submitted to this 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.

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