[Dr. Ashok Dhamija]

In order to reply to your question, it may be advantageous to refer to Section 19 of the Civil Procedure Code, which is as under:

“19. Suits for compensation for wrongs to person or movables.— Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.

Illustrations

(a) A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi.

(b) A, residing in Delhi, publishes in Calcutta statements defamatory of B. B may sue A either in Calcutta or in Delhi.”

In view of the above provisions, you can file a civil suit for claiming damages for defamation either at Surat (where the defendant resides) or in Mumbai (where the defamatory statement was published). You can choose either of the two places.

 

     

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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]

Prima facie, it appears that the person who took loan by pledging fake gold jewellery describing it as genuine gold jewellery has deceived your father in a dishonest and fraudulent manner for taking the loan amount against such jewellery. It appears to be an offence of cheating. In fact, Illustration (e) to Section 415 of the Indian Penal Code, which defines cheating, gives a similar example:

“A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.”

If the police is refusing to register an offence of cheating, you may approach the Magistrate court under Section 156(3) of the Criminal Procedure Code seeking direction to the police to conduct investigation in the case, or alternatively you may have to file a private complaint in the court under Section 190 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]

This is a matter of practice. There is no hard and fast rule, though usually it is expected that if you are relying upon a judgment, you should supply the full judgment. But, the court may allow you to provide the relevant portions only. Another option is to give the bound book (from the library, may be) containing the judgment for judge’s perusal, which can then be returned after the judge has seen it. In fact, the practice generally in the Supreme Court is not to supply copies of judgments but to give citations, and the court staff takes out the bound books (containing relevant judgments) from the court room and shows the same to the judge. So, it is only a matter of practice prevalent in a court and the convenience of those involved. No specific answer can be given to such question.

Most of your doubts that you are asking here on the forum can perhaps be easily resolved if you visit the court concerned and ask 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]

Note that a new Section 437-A has been inserted in the Criminal Procedure Code in the year 2009 (with effect from 31.12.2009) which mandates that the trial court, before conclusion of the trial, to require the accused to execute fresh bail bonds with sureties, to appear before the higher court as and when such higher would issue notice in any appeal to be filed against its judgment. This applies even to an acquittal by the trial court. This section is reproduced below for your information:

“437-A. Bail to require accused to appear before next appellate Court.—(1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for six months.

(2) If such accused fails to appear, the bond stand forfeited and the procedure under Section 446 shall apply.”

      

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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]

While it is for the concerned authority to take the final call, generally speaking, a pending case under Sections 354, 343 IPC should not come in the way of getting a job. You should, however, declare about the pending criminal case transparently in the relevant columns of the attestation form / police verification form when you are offered a job.

But, after conviction in the criminal case, if any, the competent authority may take action against the government servant concerned, which may generally be removal or dismissal from service in such a 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]

Valuation slip may be the document / form for valuing the suit for the purposes of court fee. Court fee for a suit differs from state to state, also depending on the type of the suit. There may be rules made by the concerned high court with regard to the Court-fees Act, 1870, and the Suit Valuation Act, 1887, or other relevant laws applicable in the state concerned. You should ask some lawyer in your state for the specific court fee required for a particular type of suit in your state. You can also ask the court staff in the concerned court.

The relevant legal provision with regard to the production of documents by the plaintiff is contained in Order 7 Rules 14 of the Civil Procedure Code, which is reproduced below (you should also check the relevant rules / guidelines in this regard, if any, issued by the high court of your state):

“14. Production of document on which plaintiff sues or relies.— (1) Where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such documents in a list, and shall produce it in court when the plaint is presented by him and shall, at the same time deliver the document and a copy thereof, to be filed with the plaint.

(2) Where any such document is not in the possession or power of the plaintiff, he shall, wherever possible, state in whose possession or power it is.

(3) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.

(4) Nothing in this rule shall apply to document produced for the cross-examination of the plaintiff’s witnesses, or, handed over to a witness merely to refresh his memory.”

 

     

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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 said (in the heading of your question) that the cheque bounced due to insufficient (balance) amount and mismatched signature.

If the cheque bounced due to insufficient balance in the bank account of the drawer of the cheque, then it is clearly a case of dishonour of cheque.

And, as I have pointed out in my article (Drawers signature differs – whether cheque bounce case made out?), an offence under Section 138 of the N.I. Act may be made out even where the cheque has been returned unpaid on the ground of signature difference, i.e., mismatch of signatures. Please read the above article 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]

Mutual consent divorce is not possible unless she gives her consent at the second motion in the court also. You have said that she is not giving her consent at the second motion. So, the mutual consent divorce would be difficult in these circumstances.

You can file your own regular divorce petition on the ground of cruelty or whatever other grounds are available to you (consult your lawyer by showing him detailed facts). She may oppose it and contest your petition. Ultimately, the court will decide on your divorce petition in such circumstances.

     

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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 High Court will quash the FIR only if it is found that no offence is made out on the basis of what is mentioned in the FIR itself even if it is read at its face value. Otherwise, usually, the police is allowed to investigate the offence and come to a conclusion on the basis of the evidence collected during investigation.

Since the investigation is going on, you can give your statement to the police, along with whatever evidence you have got in your favour. If the investigating officer does not record your statement / evidence, you may approach the senior police officers. Generally, the court will not intervene when the investigation is going on. But, if the police is completely reluctant to record your statement and take your evidence on record, then you may approach the courts for whatever relief you can get from there.

The sections of law (such as of IPC) as mentioned in the FIR are only the starting point. After investigation, these sections can be changed and charge sheet can be filed under different sections depending on the result of the investigation.

     

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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 provisions of Section 28(4) of the Hindu Marriage Act, 1955, an appeal against the decree of divorce passed under the said Act is required to be filed within the limitation period of 90 days from the date of the 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]

It depends on the usage of the affidavit and/or the authority before which it is to be filed. At some places (such as in some high courts), it is insisted that the affidavit should be signed before the oath commissioner, whereas at some other places (such as in Supreme Court) affidavit signed before a notary may also be accepted. In CAT, an affidavit signed before a normal advocate (who may not be a notary) may also be accepted. So, please refer to the guidelines of the concerned authority where you want to file the affidavit and then prepare the affidavit accordingly as per the requirements.

Affidavit on a plain paper may also be accepted, provided it is properly stamped, i.e., provided stamps of proper value are affixed on 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]

You have said that your “parents” have made a will in your favour. You have said that your mother is alive. Please note that a will is not effective before the death of the person making the will.

You can file a petition in the high court under Section 482 of the Criminal Procedure Code for quashing of the FIR / criminal proceedings if the charge sheet is yet to be filed. If the charge sheet is already filed then you may have to file a discharge application before the trial court. In your petition, you’ll have to prove that there is no prima facie case against you even on the face of the allegations mentioned in the FIR / complaint. Consult some local lawyer for the specific grounds on facts to be taken by you, as it is not possible for us to go through the detailed 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]

From your question, it appears that you are referring to a suit for injunction. If this the scenario, then injunction order would be final order that would be passed in the suit if you succeed in it. Interim relief would be an order that is passed by court during the pendency of the suit. Sometimes, an interim / temporary injunction order is sought during the pendency of the suit, in which case that itself may amount to an interim relief.

You have to make specific separate prayer / application for an interim relief. It is granted by the same court during the pendency of the suit.

     

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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 grounds on which an arbitration award may be set aside are laid down in sub-sections (2) and (2-A) of Section 34 of the Arbitration and Conciliation Act, 1996, as under:

“(2) An arbitral award may be set aside by the Court only if—

(a) the party making the application furnishes proof that—

(i) a party was under some incapacity; or

(ii) The arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or

(iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or

(iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration:

Provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the arbitral award which contains decisions on matters not submitted to arbitration may be set aside; or

(v) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Part from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Part; or

(b) the Court finds that—

(i) the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or

(ii) the arbitral award is in conflict with the public policy of India.

Explanation 1.— For the avoidance of any doubt, it is clarified that an award is in conflict with the public policy of India, only if,—

(i) the making of the award was induced or affected by fraud or corruption or was in violation of Section 75 or Section 81; or

(ii) it is in contravention with the fundamental policy of Indian law; or

(iii) it is in conflict with the most basic notions of morality or justice.

Explanation 2.— For the avoidance of doubt, the test as to whether there is a contravention with the fundamental policy of Indian law shall not entail a review on the merits of the dispute.

(2-A) An arbitral award arising out of arbitrations other than international commercial arbitrations, may also be set aside by the Court, if the Court finds that the award is vitiated by patent illegality appearing on the face of the award:

Provided that an award shall not be set aside merely on the ground of an erroneous application of the law or by reappreciation of evidence.”

The Court which has jurisdiction in this regard (for an arbitration other than international commercial arbitration) is as laid down in Section 2(e)(i) of the said Act:

“(e) “Court” means—

(i) in the case of an arbitration other than international commercial arbitration, the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, but does not include any Civil Court of a grade inferior to such principal Civil Court, or any Court of Small Causes;”

 

     

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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, guidelines for engaging advocates from the law ministry approved panel, etc., are meant for internal compliance. Any violation thereof may perhaps render the concerned officer accountable to disciplinary rules and may perhaps also create problems in clearance of bills of the advocate concerned. But, if the advocate is otherwise eligible and has been appointed by the authority concerned by signing Vakalatnama, merely because he is not from the law ministry panel, etc.,  does not mean that the case represented by him should fail. This is what is my considered opinion. But, you are free to take whatever stand you want to take or whatever objections you want to raise.

     

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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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