[Dr. Ashok Dhamija]

Registration of FIR is not mandatory for starting investigation in a cognizable offence. If there is commission of a cognizable offence about which complaint has been made, there is no legal bar on calling the accused to police station even before registration of a formal FIR. However, calling the accused for negotiating with the complainant may not be permissible since it is not the job of police to facilitate negotiations between parties.

Depending upon what injuries have been caused during the assault, the relevant sections of IPC (such as Section 323, 324, etc.) may be applicable against the assailants. If the police officer has not been involved in the assault directly or indirectly, then he may not be directly an accused in the assault case. But, he may be responsible for his negligence in performing his duties and failing to prevent / control the assault. Depending on facts of the case, such police officer may be liable for the assault sections, or under Section 166 IPC or 221 IPC or may be only for departmental action. It will depend on the detailed 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]

Of course, if there are more than one accused persons in a case, these sections may apply to all those accused persons, depending on 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]

You can challenge the above decision of the high court in the Supreme Court by filing SLP.     

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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 of the specific conditions mentioned in Section 438 of the Criminal Procedure Code for grant of anticipatory bail, which is generally imposed is, “a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer”.

Even if no such condition has specifically been mentioned in the order for grant of anticipatory bail, it is an implied condition that the person on anticipatory bail would not threaten witnesses or complainant.

Therefore, her anticipatory bail may be cancelled if she threatens the witnesses or complainant for the withdrawal of the case. You may report these threats to the police with adequate evidence and request them to move for cancellation of the anticipatory bail, and if they don’t move you can file such application yourself in your capacity as the complainant.

     

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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 clear whose father you are talking about. You have written “his father”? Did you mean “her father”, i.e., your wife’s father?

In any case, you may try to find out his income details from his department. Or, make a guess by finding out income of similarly placed pensioners who retired from similar positions.

However, getting to know her father’s income may not be of much help in a domestic violence case (which appears to be for maintenance). Usually, her own income may be considered by 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]

What is your specific question?

If the FIR has been filed against you, then you’ll have to face it on merits / facts of the case. Generally, the police / court will accept girl’s version. You’ll have to give evidence to show that her accusations are not correct, if that is the fact situation.

Though, generally it is difficult to compromise such type of cases, you may try to compromise with her, if possible, by marrying her and trying to get the FIR quashed by way of compromise from the high court. Of course, it may not be an easy task.     

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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]

Return of the policy and refund will depend on the terms of the insurance policy. Generally, the period of 15 days (for refund in case of wrongly sold policy) is counted from the date of receipt of the policy document. To given an example, for the ICICI Pru Cash Advantage – UIN Non-linked Life Insurance Plan, the terms of the police lay down as under:

“You have an option to review the policy following receipt of the policy document. If you are not satisfied with the terms and conditions of this policy, please return the policy document to the Company for cancellation within • 15 days from the date you received it, if your policy was not purchased through Distance marketing* • 30 days from the date you received it, if your policy was purchased through Distance marketing* On cancellation of the policy during the freelook period, we will return the premium subject to the following deductions: a) Stamp duty under the policy b) Expenses borne by the Company on medical examination, if any The policy shall terminate on payment of this amount and all rights, benefits and interests under this policy will stand extinguished. *Distance marketing includes every activity of solicitation (including lead generation) and sale of insurance products through the following modes: (i) Voice mode, which includes telephone-calling (ii) Short Messaging Service (SMS) (iii) Electronic mode which includes e-mail, internet and interactive television (DTH) (iv) Physical mode which includes direct postal mail and newspaper and magazine inserts and (v) Solicitation through any means of communication other than in person.”

So, the period is counted from the date of receipt.

You have to check the terms of the policy which has been wrongly sold to you.

But, in any case, even if there is some delay in returning the policy document due to your being out of station, you may still write to the company concerned, giving full details of the reasons why the policy was wrongly sold to you and why you could not return it earlier. My experience has been that the company may still allow you to cancel the insurance policy and give you refund if there was some false representation or some fraud, etc., in the sale of the policy, or if it was wrongly sold to you.

     

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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 answer your question accurately since it will depend on the relevant rules that are applicable in the case and you have not even specified under which Government, she was working, and also you have not provided details about her husband and/or children.

Generally speaking, under the Central Government rules, for these purposes, “family” of a female Government servant is considered to be the husband and children of the subscriber, and the widow or widows and children of a deceased son of the subscriber. Further, the relevant rules require that if the female employee has a “family” (as above), then she cannot nominate any person other than from the “family” for her GIS. Moreover, if the female employee has no family (such as before her marriage), then she nominate some other person for her GIS, but such nomination shall become invalid once she gets a “family” (i.e., she gets married) since thereafter she has to nominate one or more persons from the “family” only.

Now, in your question, you have not specified as to whether the female employee has surviving husband and/or children. If yes, then her nomination in favour of her mother would be invalid.

So, please get this issue examined in the light of the relevant rules applicable to her (i.e., the concerned State Government rules or Central Government rules). You may make enquiries in her office / department with the concerned staff.

     

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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]

Grant of bail is a discretion to be exercised by the court in the peculiar facts and circumstances of the case. There is no prohibition in law for grant of bail to a proclaimed offender. Therefore, under law, it is permissible to grant bail to a proclaimed offender also. However, as I mentioned above, it is the discretion of the court to be exercised by the court in the peculiar facts and circumstances 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]

Further investigation means an existing investigation continued further and such existing investigation continues to be valid. On the other hand, reinvestigation would imply a fresh investigation and the earlier investigation may become invalid.

After filing of charge sheet, taking of voice sample by police would be further investigation.

Yes, the prosecution can request the court for permission for further investigation after filing of charge sheet. It is permitted under Section 173(8) of the Criminal Procedure Code.

Court has the power to direct further investigation prior to taking cognizance.

In the case of Ritesh Sinha v. State of U.P., (2013) 2 SCC 357 : 2013 Cri LJ 1301 : AIR 2013 SC 1132, a two-judge bench of the Supreme Court was divided on the issue as to whether the Magistrate has the power to authorize the investigating agency to record voice sample of the accused. This matter was accordingly referred to a bench of 3 judges. This matter is yet to be decided by the 3-judge bench. The next date in that case is 12 December 2017, but there is no guarantee as to when the said case would be heard. So, at present, this issue appears to be undecided and you’ll to wait for the 3-judge bench 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.

[Dr. Ashok Dhamija]

The IO has to collect details of the correct check period. Otherwise, he could have used the revised check period for which details were available.

Though the primary burden is on the I.O., if you claim that a wrong case has been made out only due to the incomplete details of the bank balances (as you also mentioned in the original question also), then what stops you from providing those details of the bank balances from the commencement date of the check period? And, if you also do not have those details, then how do you claim that the disproportionate assets are only due to this defect?

In any case, as mentioned in my previous reply, I am not supposed to go into detailed facts of a case on such public forum since we can only provide general guidance on points of law. For detailed analysis of your facts and documents, please contact some local lawyer. We cannot examine detailed facts of a case on the forum.     

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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 already mentioned in my very first reply, the only remedy would be to go to Supreme Court since your review petition has also been dismissed by the high court. So, please do not repeat the same question again and again on this forum. If other lawyers are telling you something else, you are free to follow their advice. My advice on this forum is a pro bono advice, but it is based on my limited knowledge of law and others may have much superior knowledge. As far as my knowledge goes the high court will not grant relief to you in a writ petition against its own order on the civil side. In fact, you have lost the review petition also. Judgment of division bench of the high court has to be challenged before the Supreme Court by filing SLP, and not by filing a writ petition before high court. This is what is my understanding of law as per my limited knowledge. If some lawyers are assuring you of success by way of filing of writ petition in high court against its own decision, well, it is up to you to try that; but don’t expect me to change my opinion.

You may be a bona fide purchaser, but once a judgment is passed by high court, whether rightly or wrongly, it is to be reversed by the legally available remedy only. A rhetoric will not help. You have to prepare the best possible and strongest possible case and challenge it as per the available legal remedies. However, it is not always that people get justice in spite of their best efforts. But, from your side at least, you should make best possible efforts.

     

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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 note that as per the provisions of Order 47 Rule 1 of the Civil Procedure Code, review of a judgment is possible only on certain limited grounds:

“1. Application for review of judgment.— (1) Any person considering himself aggrieved—

(a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred,

(b) by a decree or order from which no appeal is allowed, or

(c) by a decision on a reference from a Court of Small Causes,

and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment of the Court which passed the decree or made the order.

(2) A party who is not appealing from a decree or order may apply for a review of judgment notwithstanding the pendency of an appeal by some other party except where the ground of such appeal is common to the applicant and the appellant, or when, being respondent, he can present to the Appellate Court the case on which he applies for the review.

Explanation.— The fact that the decision on a question of law on which the judgment of the Court is based has been reversed or modified by the subsequent decision of a superior court in any other case, shall not be a ground for the review of such judgment.”

Therefore, in addition to other conditions laid down as above, for filing review, you may have to show the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within your knowledge or could not be produced by you at the time when the decree was passed or order made. Or, else, you may have to show some mistake or error apparent on the face of the record, or any other sufficient reason.

Secondly, whether the decision on the preliminary issue necessarily required observations on merits of the case? Or, these observations on merits were made unnecessarily even though the same were not required while deciding the preliminary issue. Usually, the practice is that (even in Supreme Court and High Courts) if any observations on merits are made while deciding the case on preliminary issues, it is specifically noted that such observations would not affect the rights of the parties and generally all issues of merits are kept open.

You may also have to consider as to what is the remedy against the rejection of your case on the basis of the preliminary issue. Whether it is only by way of appeal or a review could also serve your purpose?

Accordingly, in my considered opinion, you may please consider these issues in the light of facts of your case for taking a call in respect of a further action.

     

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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 this question earlier, which has been replied to (see: Recruitment of PDO in Karnataka – answers to question in exam revised). Now you are asking almost the same question again by creating a new User ID. Please do not repeat your question. It wastes our time in reading your lengthy question and replying to the same again and again. We do not have unlimited time to answer the queries, since there are other users also to be replied to. We’ll be constrained to block you as a user if a question is repeated unnecessarily. Moreover, if you have a supplementary question, please ask in the same chain, i.e., below the answer given to you earlier. Do not create a new user ID and ask the same question again.

     

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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 don’t have any independent sources of income, then you may have to say so. It may generally require an affidavit to be affirmed mentioning that you don’t have any sources of income and that you are unemployed. As regards your sources of livelihood, you may state that you are living with your relatives who are taking care of your expenses, and give details of the relatives who are looking after you. This may also be required to be stated in the affidavit. For further details, you should ask the AG office itself since they only can tell you what type of reply or format is required by them in this regard.

     

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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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