[Dr. Ashok Dhamija]

As per Section 142(2) of the Negotiable Instruments Act, after its latest amendment in the year 2015 (with effect from 15 June 2015), that court has the jurisdiction to inquire into and try a cheque dishonour case under Section 138 of the Act within whose local jurisdiction the branch of the bank where the payee maintains his account, is situated.

In your case, if your bank branch (where your account is maintained, in which you deposited the cheques) is situated in Nehru Place area of New Delhi, then you’ll have to file the case in the court in whose local jurisdiction Nehru Place lies. As far as I understand, it would come in the Saket Courts in Delhi (but, please confirm).

So, you may have to file the case(s) in the appropriate court which has the jurisdiction.

     

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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 order, may imply that the judge is keeping the case for delivering the order or for dictating (preparing) the order. For final order, may mean similarly, which means that he is keeping it for delivering final order, etc. If in doubt, you may ask the court staff, since sometimes, the local terminology may differ.

     

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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 replied to this issue in detail on an earlier occasion, and the answer to that question may be seen at the following link: http://tilakmarg.com/answers/is-it-an-offence-to-have-two-voter-ids-for-election-in-india/.

In your case, you have mentioned that you had already surrendered your voter ID and made an application to the concerned authority in Ahmedabad and obtained receipt for surrender of your voter ID. You have also mentioned that you enrolled again as a voter in Haryana only on the basis of this receipt for cancellation of your previous voter registration. In this situation, it is not your fault if the authorities concerned did not delete your name as a voter in Ahmedabad. In my opinion, it cannot be an offence. Nonetheless, to be on the safer side, you may write to the concerned authorities in Ahmedabad again, reminding them to delete your name as a voter, by enclosing therewith details of the receipt given to you earlier (and, also enclosing copy of receipt, if available).

     

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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 the Police Sub-Inspector is acting illegally, without any lawful powers, threatening you to stop work or is demanding any bribe, etc., then definitely you can file a complaint against him. If a cognizable offence is disclosed then you can try filing FIR with the concerned police station. Otherwise, if it is only a non-cognizable offence, or if it is cognizable offence but the police refuses to register FIR, then you file a direct private complaint in the Magistrate court having jurisdiction.

Offences committed would depend on the details facts and may include: criminal conspiracy, criminal intimidation (threats), demanding bribe (if any), etc. Please show the full details, including the video recorded by you, to some local lawyer to decide about the offences for which such complaint can be filed, since offences mentioned by me are only tentative and would depend on the actual facts.

     

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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 the high court has rejected the bail application without giving any reasons. And, to find out the reasons for rejection of bail by high court, you want to file RTI application. I am sorry. For getting the reasons in a judicial order (when the order itself mentioned none), you cannot file RTI application. It would not be permissible. The Right to Information Act permits seeking of “information”, which means that this information must be available in one form or another with the concerned authority. You are seeking the “reasons” when no reasons exist in the order concerned. This may not be permissible.

You may also see a related detailed reply given by me earlier on a similar issue: Can I make an RTI Application for getting judicial records from a court?

With regard to your second question as to the action that you can take after rejection of bail application by high court. Please note that you can file a Special Leave Petition (SLP) before the Supreme Court challenging the order of the high court. Second option is to wait for some reasonable time (say, at least about 5-6 months) or some other change in circumstances (such as, for example, filing of charge sheet if it was not done already; or, completion of examination of important witnesses during trial) and apply afresh for bail again in the trial court and if need be, to approach high court again (after fresh trial court order) for bail.

     

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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 comment on the facts of the case, without actually seeing the evidence in detail, since it is generally a complicated issue. Since you already have engaged an advocate, it is better to obtain opinion of your advocate as far as facts are concerned.     

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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 write your question in clear words, in specific legal points. Do not redirect us to other web pages and judgments. Write what is relevant issue that you want to ask.     

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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]

Since the charge sheet has already been filed, it may not be possible to amend the FIR at this stage.

However, it is legally possible to include names of more accused persons at the trial stage, depending on the evidence available against those (new) accused persons. In this regard, Section 319 of the Criminal Procedure Code is reproduced as under:

“319. Power to proceed against other persons appearing to be guilty of offence.—(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.

(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid.

(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.

(4) Where the Court proceeds against any person under sub-section (1) then—

(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard;

(b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced.”

So, you can use the provisions of Section 319 of the Cr.P.C., by showing relevant evidence to try and get the names of other accused persons included in the prosecution.

     

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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 not made it clear whether the bank is claiming more recovery from the customer on the cheque amount itself or on the remaining part (if any) of the loan after payment of the said cheque. It also depends on the terms of the compromise between the parties. It is not clear whether the said cheque represented repayment of the full loan amount due to the bank. If the cheque was meant to pay only a part amount of the loan due to the bank and the compromise did not touch upon the remaining amount of loan, then the bank may be within its rights to claim the remaining loan amount in accordance with law. So, it all depends on the 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]

It appears that you want to ask about the limitation period for filing appeal in the high court against order of acquittal passed by the Sessions Court in a case under Section 304 Part 2 of IPC.

This limitation period, in general, is 90 days for such an appeal.

However, if such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. And, in such a situation, it is provided that no application for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of 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]

The expression “known sources of income” is defined in the Explanation to clause (e) of Section 13(1) of the Prevention of Corruption Act, 1988, as under:

“Explanation.—For the purposes of this section, “known sources of income” means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant.”

Thus, there are two requirements: firstly, it should be lawful source of income; secondly, it should have been intimated in accordance with requirements of any law, rules or orders.

Income of sale of land is lawful and if it properly intimated in accordance with law, rules or orders (such as, including to the income tax authorities in the Income Tax Return, and to the departmental authorities of the government servant), then it would be considered as a known source of income of the government servant.

Therefore, if timely information has been given to the authorities concerned about the sale of land, as you have mentioned, then such income should be considered as a known source of income.

     

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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 not clear. You have mentioned that the police has filed a final report in court, but it is not clear whether it is a charge sheet or a closure report.

If it is a charge sheet, then it may take a longer period to complete the trial; generally it takes a few years. However, if you feel that there is no evidence against you, you may try filing a discharge application in the trial court. If the court discharges you, the matter may end there (subject to appeal / revision, if any, by the opposite party).

On the other hand, if the final report filed by police is a closure report, then the complainant will be given an opportunity by the court to file his/her protest petition, and thereafter the court may accept the closure report or may take cognizance of the offence, depending upon its decision in the matter.

If the case is closed, it should not come in the way of your going abroad for studies. On the other hand, if the case is under prosecution, then it may depend upon the bail conditions and you may have to seek permission from the court for going abroad.

     

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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 definitely challenge the defective charges. But, whether or not your challenge will succeed, will depend on the detailed facts and the nature and extent of the defect. You may show the correct facts even in your written statement, in reply to those charges, and show how the charges are factually incorrect.

     

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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 Supreme Court, “SLP” stands for Special Leave Petition which is filed under Article 136 of the Constitution. It is filed in situations where no regular appeal is provided under law against an order and a request is made for “special leave” or special permission to file appeal against such order. If the court agrees to grant “special leave” or simply “leave”, then the SLP is converted into a Civil Appeal or a Criminal Appeal (depending upon whether the SLP was in a civil or criminal matter). Thereafter, such Civil Appeal or Criminal Appeal is heard in detail.

But, in many cases, the Supreme Court hears the matter finally before formally granting “leave”, i.e., at the admission stage itself, i.e., at the time of considering whether leave should be granted. This is generally referred to as “Final Disposal at Admission Stage”.

As far as my understanding goes, CAV stands for the Latin legal term “Curia advisari vult”. This in brief may imply that judgment has been reserved for some later day after hearing the advocates for the parties. Its meaning is that “the court wishes to consider the matter”.

In the case referred to by you, the final arguments were heard on 27.07.2017 and the case is reserved for judgment. That’s why it is mentioned as “CAV on 27.07.2017”.

     

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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 my understanding goes, for Hindus who are government by the Dayabhaga school of law, the regular rules of succession under the Hindu Succession Act apply even in respect of ancestral property. The 2005 Amendment to Section 6 of the Hindu Succession Act was for those who were governed by the Mitakshara law, and not for those governed by the Dayabhaga law.

In your case, you should be in a position to claim equal share along with your sister and brother in the property of your father, in accordance with Section 8 of the Hindu Succession Act, if it is intestate succession.

     

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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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