[Dr. Ashok Dhamija]

If the case has already been filed in the court in the form of a charge sheet, then you can get a copy of the charge sheet and the full set of papers (including statements of witnesses and the documents relied upon by prosecution) from the court, when you are summoned for the first time in the court. This set of papers is usually supplied by the police itself though it is generally given in the court on the first date. So, if you have not been summoned so far to the court as an accused, wait for that.

Secondly, FIR is nowadays generally available on the website of the district police / state police concerned, where you can select the police station and FIR details to download the FIR. This is as per a judgment of the Supreme Court.

Please note that usually the police station will not provide you the copies of the investigation papers under RTI since they are protected from disclosing such information under the RTI Act. However, as mentioned above, you can try to get the information from the sources mentioned above.

     

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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 83 of the Cr.P.C. provides for “…the attachment of any property, moveable or immovable or both, belonging to the proclaimed person”.

So, the attachment of movable property is possible, provided it is of the proclaimed person.

Sub-section (3) of Section 83 further provides how movable property is to be attached:

“(3) If the property ordered to be attached is a debt or other moveable property, the attachment under this section shall be made—

(a) by seizure; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the Court thinks fit.”

So, you can move an appropriate application before the 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]

It is not possible to predict the time of disposal of a Special Leave Petition by the Supreme Court. If the SLP is dismissed at the notice stage itself, then it may not take more than a month or so from the date of its filing. This would imply that the Supreme Court does not consider the case to be fit to grant “Special Leave” (or permission) to the Special Leave Petition (SLP) for converting it into a regular Appeal.

But, if notice is issued, it may take longer, may be one or two years or even more. Sometimes, after notice is issued, the SLP is disposed of on merits at the SLP stage itself, after hearing both parties (though even in this case also, the order will still mention “Leave granted” and an Appeal No. is formally given, but it is decided simultaneously). In such a situation, the SLP may be decided, generally, in one to two years.

On the other hand, in some cases, after notice is issued, a formal “Leave” is granted first, which converts the SLP into a regular Appeal (either Civil Appeal or Criminal Appeal, as the case may be), and thereafter such Appeal is regularly listed and heard in detail. In this scenario, i.e., if leave if granted in SLP and it is converted into a regular appeal and then listed and heard, it may generally take even more time such as 5-6 years or more.

But, these are only approximately guesses and the actual time taken depends on 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]

Recently, a similar issue has been decided by the Supreme Court in the recent case of Bhairon Sahai v. Bishamber Dayal, (2017) 8 SCC 492 : AIR 2017 SC 3353. The Supreme Court referred to Section 14(1)(b) of the Delhi Rent Control Act, 1958, which provides that a tenant is liable for eviction if he sublets, assigns or otherwise parts with the possession of the premises without the consent of the landlord.

The Supreme Court also relied on its earlier decision in the case of Munshi Lal v. Santosh, (2017) 12 SCC 721, wherein it was held that the combined reading of clause (b) of the proviso to Section 14(1) read with Section 14(4) [of Delhi Rent Control Act] makes it clear that before a tenant can sublet, assign or part with the possession of any part of the premises or the whole, it must be preceded by the consent in writing from the landlord. In other words, the requirement of obtaining the consent in writing of the landlord is retained as a pre-requisite even for the purposes of sub-section (4).

The answer to your question is covered by these judgments of the Supreme Court. A tenant can be evicted on the ground of parting with possession of rented property without the consent of landlord.

     

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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]

Though it has not been possible for me to fully understand your question, it appears that you wanted to withdraw your resignation. I have already replied to a similar question for the Central Government servants and the same is available at this link: Withdrawal of resignation from Government service. I hope it answers your question.

     

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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 someone else is the owner of the property, then how can the court order its attachment under Section 83 of the Criminal Procedure Code? Section 83 uses the expression: “…attachment of any property, moveable or immovable or both, belonging to the proclaimed person”. Husband of the proclaimed offender is considered to be a different person.

(2) Ownership of property can be proved by the usual documents, such as mutation entries, registered sale deed, records of the revenue authorities / municipal authorities, or any other such document which can conclusively prove the ownership.

(3) Provisions in the Evidence Act relating to burden of proof would definitely be useful. But, the first burden is on the person who is asserting the fact. In your case, if you want the property to be attached on the ground that the property belongs to the proclaimed person, then you will have to first prove this fact. Please note that the word proved is defined in Section 3 of the Evidence Act as under:

““Proved”.—A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.”

The words disproved and “not proved” are also defined in Section 3. Please see them.

In your case, since there appear to be contradictory facts for ownership of property, it may come under not proved. This will not shift the burden to the opposite party. In such circumstances, it would be difficult to get the attachment of property. You should get some clinching evidence in this regard.

(4) Action under Section 83 of the Cr.P.C. is not mandatory. The word used is “may” and that too followed by the expression, “for reasons to be recorded in writing”. Therefore, in appropriate cases, Section 174-A IPC may be applied directly after Section 82 Cr.P.C. proclamation if the proclaimed person fails to appear in spite of such proclamation. However, Section 229-A IPC does not appear to be applicable since no bail was granted to accused in your case, as it appears from your question.

     

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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]

On the basis of limited facts known to me, it appears that there are two parts of the offence. The first is making a forged document outside the court, and the second is using that forged document to give false evidence in court.

For giving false evidence in the court by using a fake document, you may follow the procedure laid down in Section 340 of the Cr.P.C. File an application under Section 340 Cr.P.C. before the court in which such false evidence was tendered.

If the forged document was made outside the court and if such offence was complete even before the submission of the fake document in the court, then such forgery may be an offence for which court permission may not be necessary and you can file a complaint with police or a private complaint case in 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]

When the invoice mentions “Subject to X jurisdiction only”, it is for the purposes of deciding the civil disputes, if any, that arises out of the business dealings concerning that invoice.

However, in so far as the cheque bounce is concerned, the law has specifically laid down which court will have jurisdiction in the case of a cheque bounce.

As per Section 142(2) of the Negotiable Instruments Act, for a cheque bounce case, where it is deposited in an account, that court will have the jurisdiction where the branch of the bank, where the payee maintains the account, is situated.

Therefore, jurisdiction in a cheque bounce case will not have relation with the location of the bank account of the drawer, but it will related to the location of the bank account of the payee, i.e., to whom the cheque was issued.

However, if the cheque was being encashed in cash (and not deposited in the bank account) and it gets dishonoured, then the jurisdiction will be with the court in whose area the branch of bank is located where the drawer maintains his account.

     

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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]

Under Section 7 of the Arbitration and Conciliation Act, 1996, an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not, is called an arbitration agreement.

Therefore, all disputes in respect of a defined legal relationship, whether contractual or not can be subjected to arbitration.

In the case of Olympus Superstructures (P) Ltd. v. Meena Vijay Khetan, (1999) 5 SCC 651 : AIR 1999 SC 2102, the Supreme Court has held that:

“…the right to specific performance of an agreement of sale deals with contractual rights and it is certainly open to the parties to agree — with a view to shorten litigation in regular courts — to refer the issues relating to specific performance to arbitration. There is no prohibition in the Specific Relief Act, 1963 that issues relating to specific performance of contract relating to immovable property cannot be referred to arbitration. Nor is there such a prohibition contained in the Arbitration and Conciliation Act, 1996 as contrasted with Section 15 of the English Arbitration Act, 1950 or Section 48(5)(b) of the English Arbitration Act, 1996 which contained a prohibition relating to specific performance of contracts concerning immovable property.”

In the above case, the Supreme Court further held that merely because there is need for exercise of discretion in case of specific performance, it cannot be said that only the civil court can exercise such a discretion. In this regard, the Supreme Court approvingly quoted the following observations of Calcutta High Court in the case of Keventer Agro Ltd. v. Seegram Comp. Ltd. [Apo 498 of 1997 & Apo 449 of (401) dated 27-1-1998 (Cal)]:

“… merely because the sections of the Specific Relief Act confer discretion on courts to grant specific performance of a contract does not mean that parties cannot agree that the discretion will be exercised by a forum of their choice. If the converse were true, then whenever a relief is dependent upon the exercise of discretion of a court by statute e.g. the grant of interest or costs, parties could be precluded from referring the dispute to arbitration.”

In view of the above decision of the Supreme Court, there should be no doubt that a dispute relating to specific performance of a contract can be referred to arbitration.     

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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 Church of Christ Charitable Trust & Educational Charitable Society v. Ponniamman Educational Trust, (2012) 8 SCC 706, the Supreme Court has held that:

“It is settled that a power of attorney has to be strictly construed. In order to agree to sell or effect a sale by a power of attorney, the power should also expressly authorise the power to agent to execute the sale agreement/sale deed i.e. (a) to present the document before the Registrar; and (b) to admit execution of the document before the Registrar. A perusal of the power of attorney, in the present case, shows that it only authorises certain specified acts but not any act authorising entering into an agreement of sale or to execute sale deed or admit execution before the Registrar.” [Emphasis supplied]

It was further held in this case that:

“It is clear that from the date the power of attorney is executed by the principal in favour of the agent and by virtue of the terms, the agent derives a right to use his name and all acts, deeds and things done by him are subject to the limitations contained in the said deed. It is further clear that the power-of-attorney holder executes a deed of conveyance in exercise of the power granted under it and conveys title on behalf of the grantor.” [Emphasis supplied]

In the case of Suraj Lamp and Industries (P) Ltd. v. State of Haryana, (2012) 1 SCC 656, the Supreme Court explained the scope of the power of attorney in the following words:

“A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property. The power of attorney is creation of an agency whereby the grantor authorises the grantee to do the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him (see Section 1-A and Section 2 of the Powers of Attorney Act, 1882). It is revocable or terminable at any time unless it is made irrevocable in a manner known to law. Even an irrevocable attorney does not have the effect of transferring title to the grantee.”

     

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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 the website of Unique Identification Authority of India (UIDAI), Aadhaar means foundation. Therefore, it is the base on which any delivery system can be built. Aadhaar can be used in any system which needs to establish the identity of a resident and/or provide secure access for the resident to services/benefits offered by the system.

Aadhaar has uniqueness. Each individual has a unique Aadhaar number. This is achieved through the process of demographic and biometric de-duplication. The de-duplication process compares the resident’s demographic and biometric information, collected during the process of enrolment, with the records in the UIDAI database to verify if the resident is already in the database or not. An individual needs to enrol for Aadhaar only once and after de-duplication only one Aadhaar shall be generated. In case, the resident enrols more than once, the subsequent enrolments will be rejected.

The core purpose of Aadhaar Card is mentioned in the Preamble to the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. As per this, Aadhaar is to provide for, as a good governance, efficient, transparent, and targeted delivery of subsidies, benefits and services, the expenditure for which is incurred from the Government Funds, to individuals residing in India through assigning of unique identity numbers to such individuals.

Aadhaar can be used in the delivery of the following programs (as per UIDAI):

• Food & Nutrition – Public Distribution System, Food Security, Mid Day Meals, Integrated Child Development Scheme.
• Employment – Mahatma Gandhi National Rural Employment Guarantee Scheme, Swarnajayanti Gram Swarozgar Yojana, Indira Awaaz Yojana, Prime Minister’s Employment Guarantee Program
• Education – Sarva Shikhsha Abhiyaan, Right to Education
• Inclusion & Social Security – Janani Suraksha Yojana, Development of Primitive Tribe Groups, Indira Gandhi National Old Age Pension Scheme
• Healthcare – Rashtriya Swasthya Bima Yojana, Janashri Bima Yojana, Aam Aadmi Bima Yojana
• Other miscellaneous purposes including Property Transactions, VoterID, PAN Card etc.

Your other question is beyond the scope of this Forum. We are not supposed to conduct an international survey of similar projects in the world. You can professionally engage some research agency to do this job for you by paying them appropriately for their work, or otherwise you can yourself do it for your benefit, may be by reading quality articles / resources on the Internet.

     

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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 2(2) of the Civil Procedure Code defines what is a decree, and it also lays down that a decree can be (a) final decree; (b) preliminary decree; (c) partly final decree and partly preliminary decree:

“(2) “decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within Section 144, but shall not include—

(a) any adjudication from which an appeal lies as an appeal from an order, or

(b) any order of dismissal for default.

Explanation.— A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final;”

Where an adjudication decides the rights of the parties with regard to all or any of the matters in controversy in the suit, but does not completely dispose of the suit, it is a preliminary decree.

Where the decree, in so far as regards the court passing it, completely disposes of the suit, it is a final decree. Thus, a final decree is the decree which completely disposes of a suit and finally settles all questions in controversy between the parties and nothing further remains to be decided in the suit.

In the case of Shankar Balwant Lokhande v. Chandrakant Shankar Lokhande, (1995) 3 SCC 413 : AIR 1995 SC 1211, the Supreme Court held that:

“A preliminary decree is one which declares the rights and liabilities of the parties leaving the actual result to be worked out in further proceedings. Then, as a result of the further inquiries conducted pursuant to the preliminary decree, the rights of the parties are fully determined and a decree is passed in accordance with such determination which is final. Both the decrees are in the same suit. Final decree may be said to become final in two ways: (i) when the time for appeal has expired without any appeal being filed against the preliminary decree or the matter has been decided by the highest Court; (ii) when, as regards the court passing the decree, the same stands completely disposed of. It is in the latter sense the word ‘decree’ is used in Section 2(2) of CPC. The appealability of the decree will, therefore, not affect its character as a final decree. The final decree merely carries into fulfilment the preliminary decree.”

 

     

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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 are confident that you have sufficient evidence to prove the offences under sections mentioned by you, then you can file a private complaint under Section 190 of the Cr.P.C. read with Section 200 thereof. It is permissible under law. More so, since the police has refused to register the FIR.

     

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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]

Issue a legal notice to other family members who have share in the property, for partition of the undivided property. If they do not agree or refuse the partition, you may have to file a suit for partition of the property by metes and bounds. This suit will have to be filed in the appropriate civil court.

You may also have the option of selling your share of the property even if it is undivided, provided there is a willing buyer.

Consult a local lawyer if you are not familiar with the procedure.

     

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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]

One has to see what was in her petition before the tribunal. What was the prayer in the said petition? Did she challenge the transfer in the petition, or the investigation or further action (such as termination)? On the one hand you have said that she was transferred, but you also say that this negligence amounted to termination of her contractual service, so whether she has been terminated already? Was the petition against the termination or expected termination? What is the detailed order of the tribunal?

Without knowing all these things and going through the relevant documents, no lawyer can give any accurate opinion. It is beyond the scope of this Forum to go through detailed documents and guide on detailed facts, as mentioned in the Forum guidelines. Please consult some local lawyer by showing him relevant documents.

Without going into the specifics, generally speaking, in such type of matters, the courts expect that the representation of the employee be considered on merits and a decision taken thereon by the competent authority within a time limit. Tribunal’s order in your case also appears to be of this type. However, I cannot comment accurately on a specific case in the absence of knowledge of the facts of the case. But, in all likelihood, it appears that you are expected to decide on her representation (petition) within 3 weeks and not take any coercive action (which perhaps refers to her termination) till that time. But, as mentioned above, please consult some local lawyer to get accurate advice on facts, what I have mentioned is only a guess.

If you feel that the order of the tribunal is not correct in the facts and circumstances of the case, you may also have the option of challenging 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.

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