[Dr. Ashok Dhamija]

Usually, a case under Section 406 IPC is triable by the court of a Magistrate of First Class, and not by the Court of Session, and the appeal should go to the Court of Session and not to the High Court.

Anyway, since you mentioned that the conviction order is passed by the District Court (i.e., Sessions Court), the appeal will have to be filed before the High Court. The time limit for filing the appeal in the High Court against an order of conviction in such a case would be 60 days.

You have said that the sentence is for 2 years. In such a case, it should have been possible to get bail after conviction (under Section 389 of the Criminal Procedure Code) from the trial court itself, since the trial court has powers to suspend the sentence where the sentence awarded is up to 3 years. In any case, at the time of filing of appeal in your case in the given facts, generally speaking, the chances of getting bail from the High Court during the pendency of the appeal, are reasonably good and the bail may generally be granted at the earlier stage itself. This is, of course, the general experience and ultimately it is the discretion of the appellate 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]

I have already replied to a quite similar question, which is available at: PwD service matters. I think it fully covers your question also. Please read that reply.

     

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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 should be possible for you to file a civil suit for mandatory injunction to remove CCTV cameras as they affect your right to privacy. You may also file an application seeking interim relief on the ground of privacy, along with the civil suit. But, please remember that you will have to give sufficient evidence of violation of your privacy by the neighbour. Also remember that your neighbour may have his own right to install CCTV cameras in his own house, some of which may be incidentally covering some areas of yours as well. So, you may have to prove that the cameras are installed to keep watch over you and not for the genuine reasons of his (i.e., your neighbour’s) own safety or purposes. Depending on facts of the case, you may get favourable order in such suit.

Also note that in a similar question asked earlier by you (Installation of CCTV cameras by my neighbour violating my fundamental right), I had mentioned that the only offence which can perhaps be considered in the fact situation of your case is “public nuisance” under Section 268 of IPC which is punishable under Section 290 IPC. Another option is making an application to the executive magistrate under Section 133 of the Cr.P.C. for getting order of removal of nuisance. But, both these provisions talk of nuisance of “public” character, and it will have to be seen from the facts of your case whether they apply to a private building. So, you may consider those aspects also.

     

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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 Aneeta Hada v. Godfather Travels & Tours (P) Ltd., (2012) 5 SCC 661 : 2012 Cri LJ 2525 : AIR 2012 SC 2795, the question before a three-judge bench of the Supreme Court was whether an authorised signatory of a company would be liable for prosecution under Section 138 of the Negotiable Instruments Act, 1881 without the company being arraigned as an accused. It was held that where the cheque was issued in the name of the company, for maintaining the prosecution under Section 141 of the Negotiable Instruments Act against a Director, arraigning of a company as an accused is imperative. It was held that prosecution against a Director or authorised signatory of cheque, where the cheque was issued by the company was not maintainable without arraigning of company as accused.

It was further held that, however, the only exception would be in a case applying principle of lex non cogit ad impossibilia, i.e., if for some legal snag, company cannot be proceeded against without obtaining sanction of a court of law or other authority, trial as against the other accused may be proceeded against if ingredients of S. 138 as also S. 141 are otherwise fulfilled. In such an event, it was clarified that it would not be a case where company had not been made an accused but would be one where company cannot be proceeded against due to existence of a legal bar. It was held that a distinction must be borne in mind between cases where a company had not been made an accused and the one where despite making it an accused, it cannot be proceeded against because of a legal bar.

Therefore, if the company is not named as an accused person, then the case against the signatory of the cheque (which was issued by the company) is liable to result in acquittal.

     

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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 is vague and incomplete. But, if the government employee is facing a regular trial on criminal charges and if sufficient evidence is produced by the prosecution, then of course the judge has the power to punish him.

For your second question, the answer is that the person convicted by the lower court can file appeal against conviction before high court within a period of 60 days. Subsequent to that, if there is a delay, he can file it along with an application for condonation of delay. If sufficient cause is shown for delay, the high court may condone the delay.

     

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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]

Once you have already been acquitted in the case, where is the question of now applying in the high court for quashing of the FIR?

Second part of your question is being repeated yet again. I have already stated that acquittal may not generally come in the way of getting job, provided you give correct information in attestation forms. Rest is up to the authority concerned to take the decision as per the rules / guidelines, which cannot be changed for one person. You are asking the same question again and again. Of course, it is up to you to decide whether you want to compete for any exam or to do some profession or business.     

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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]

Unfortunately, I am not able to get online the Uttar Pradesh Cooperative Housing Societies Act, due to which it is difficult to accurately answer your question. Since I am not based in U.P., I do not have copies of the UP Acts. But, let me reply to your question on the basis of general principles that govern housing societies.

Generally speaking, a cooperative society is run on the basis of majority rule. While the final authority of a co-operative society vests in the general body of its members in general meeting, usually a managing committee is appointed by election for the day-to-day management of the society. Powers of the managing committee are given in the bye-laws, rules of the society as also in the relevant Cooperative Housing Societies Act.

If a decision is duly taken by the committee or the general body of the members, in a lawful manner, such decision is supposed to be binding on all the members. However, there may be certain members who may not be satisfied with such decision, but then they have to resolve this dispute with the society in accordance with the Act / bye-laws / rules, etc. Usually, such matter has to be referred to the Registrar of the Cooperative Societies for resolving it. Certain Acts contain provisions for resolving such disputes by way of arbitration between the society and the member.

You may have to consult some local lawyer or other expert in your area as to where such dispute is to be resolved and how. What I have mentioned above are the general provisions.

     

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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 I have not seen the order of the Supreme Court asking the Gramin Bank Pensioners’ Samithi to approach the Rajasthan High Court, it generally happens when a party directly approaches the Supreme Court [generally, under Article 32 of the Constitution by filing a writ petition] before first going to the high court, and due to this the Supreme Court refuses to entertain such direct petition and advises the party to first approach the high court concerned. In such matters, the Supreme Court has not decided the issue and has rather refused to entertain the petition directly and has merely advised the party to first approach the high court. Therefore, the high court has the power to decide such issues independently on merits of the case. Such order of high court can definitely be challenged by filing SLP, since previously the Supreme Court did not hear the case on merits and merely advised the party to approach the high court first. There is nothing illegal in filing such SLP. It is permissible.

Death of 3000 pensioners in the meanwhile is unfortunate, But, delay in courts is quite common and neither the Government nor the court are doing anything to improve the system.

Your advocate in the Supreme Court can mention the matter in the Supreme Court and request the Court to expedite the hearing of the case, also giving the above reason of death of so many pensioners and whatever other reasons are there for expediting the case. If the court agrees, the SLP can be heard expeditiously.

     

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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 a duplicate question. You have already asked almost the same question earlier, which is available at: What is difference of fees if creditor files petition against company.

Please do not ask repeated questions and you should wait for a reasonable period of time to get the reply to 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]

Under the provisions of the Insolvency and Bankruptcy Code, 2016, corporate insolvency resolution process can be initiated either by the financial creditor, or operational creditor or the corporate debtor (i.e., company) itself; they may file the application for this purpose under Section 7, Section 9 or Section 10 of the said Code, respectively. Once the application is admitted, the basic procedure is same and an interim resolution professional is appointed under Section 14 of the Code.

In Section 5(13) of the said Code, “insolvency resolution process costs” is defined which is the same for all the three categories of the applicants:

“(13) “insolvency resolution process costs” means—

(a) the amount of any interim finance and the costs incurred in raising such finance;

(b) the fees payable to any person acting as a resolution professional;

(c) any costs incurred by the resolution professional in running the business of the corporate debtor as a going concern;

(d) any costs incurred at the expense of the Government to facilitate the insolvency resolution process; and

(e) any other costs as may be specified by the Board;”

Therefore, it appears that there is no substantial difference in the fees, etc., if the application / petition for insolvency is filed either by a creditor or by the company (corporate debtor) itself.

     

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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 may not be possible to give an accurate answer on the basis of limited facts, without having seen the detailed papers of the case, I may state that, generally speaking, the loan has to be repaid by the persons who have taken the loan or who are the guarantors of the loan. If any property has been given as security to the loan, it can be recovered from the property. If there are several co-applicants to the loan, i.e., if several persons have taken the loan together (as you appear to be saying), then it is the joint responsibility of such co-applicants to repay the loan. If one person repays the loan single-handedly, then he may, generally speaking, recover the corresponding shares from other co-applicants, subject to the terms of the loan and subject to their mutual understanding.

     

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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 Cambridge dictionary, “accuse” means “to say that someone has done something morally wrong, illegal, or unkind”.

This word may even be used in general discussions, such as, “Are you accusing me of lying?” or “The government stands accused of eroding freedom of speech”.

It is true that generally, the word “accused” is used in criminal law for a person who is accused of committing an offence. But, it has other uses also, as mentioned above.

Since it appears that you are working under the Central Government, let me point out that in the guidelines issued under the CCS (CCA) Rules, the officer against whom a departmental inquiry is pending, is generally referred to as “delinquent officer”. During such departmental inquiries, I have also seen the use of “charged officer” or “CO” expressions for such employee.

If you are offended by the use of the words “accused employee”, you may request the authority concerned to use the appropriate words.

But, I don’t think you can file a complaint with police for use of these words. This may be taking it too far. As far as I understand, at the most (if at all), it may be considered as defamation, but that is also a non-cognizable offence and the police has no power to register FIR in such matters, and you may have to file a private complaint in court. But, I think it would not be easy to prove the charge of defamation in such situation. Rest is up to you. If you have time and energy left after fighting your existing departmental inquiry, you can file this new 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]

For this purpose, the mother can use the same method which she used earlier to disown her son. She can file a fresh affidavit in the court (wherever she had filed it earlier), give fresh public notices it in newspapers, etc., of her intent. In addition, if she wants to give her property to her son after her, she can prepare a will in favour of the son and get such will registered.

     

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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]

Whatever you have stated in your question can be stated in your reply to the court, along with appropriate documents to support the same. Submit details of your stipend, the fact of your being a student living in hostel, details of income of your parents to show that they are dependent on you, your monthly payments, etc. Also give evidence about the income of your wife, if you have any such evidence which contradicts her statement. If you give sufficient evidence in your support, the court may consider the same appropriately.

     

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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 for the prosecution to decide whether to give up any of the prosecution witnesses, who were initially proposed to be examined. As an accused, you should rather feel happy, generally. Less number of prosecution witnesses would generally imply less evidence against you.

If any prosecution witness is dropped by the prosecution side, you can call such witness as your defence witness, if you feel such witness is going to help you.

If a person makes a false statement before the court, he can be held liable for the offence of perjury. But, giving a false statement during investigation can at best be covered under Section 182 of the IPC, which is a non-cognizable offence and which is very difficult to prove, given that Section 161 Cr.P.C. cannot be signed.

Signed statement of a witness is not permissible under Section 161 of the Criminal Procedure Code. Instead of the signed statement having more weight than an unsigned statement, the signed statement may in fact be invalid since it is not permissible under Section 161 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.

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