[Dr. Ashok Dhamija]

Please do not ask repeated questions on the same issue. Just few minutes back, I had answered your similar question, but without going through in details of the legal provisions quoted in reply to that, you have asked another question on the same issue. Prior to that also, you had asked similar questions.

Please see, Order 33 Rule 9 under which on you can file an application on the basis of which the court has the power to direct that the said lady (whom you referred to as your mother in other questions) ought not to continue to sue as an indigent person if you can show that she has sufficient means. I had referred to Order 33 in my reply to your last question. But, you did not read that, it appears.

How can we reply to your question: “I want to know when she submitted Rs. 27000/- as court fee/stamps etc then why the nature of the case is not changed from indig/pauperis to normal recovery case?”? The answer to this question has to be ascertained from the court concerned. How do you expect that we would know its answer which is an act of the court or its registry?

To your other queries, let me point out that the status of indigent person does not have anything to do with the merits of the case. It is only to do with regard to court fee, etc.

Please read Order 33 of CPC, as I referred to in my reply to your previous question. If you are yourself not fighting the case as an indigent person, then please engage some local lawyer who can reply to all such questions which are related to facts of the case, and which we cannot answer without having seen the detailed papers.

     

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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 read the contents of Order 33 (Suits by Indigent Persons) of the Civil Procedure Code. It has 18 Rules which cover the questions raised by 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]

Your question is vague. Is it compensation or fine? Is it MACP or MACT? What is the full form? Since you have referred to Cr.P.C., is it in respect of a criminal case?

Anyway, if your question relates to recovery of fine imposed in a criminal case, then the relevant section is Section 421 of Criminal Procedure Code, which is as under:

“421. Warrant for levy of fine.— (1) When an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may—

(a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender;

(b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter:

Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensation out of the fine under Section 357.

(2) The State Government may make rules regulating the manner in which warrants under clause (a) of sub-section (1) are to be executed, and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of such warrant.

(3) Where the Court issues a warrant to the Collector under clause (b) of sub-section (1), the Collector shall realise the amount in accordance with the law relating to recovery of arrears of land revenue, as if such warrant were a certificate issued under such law:

Provided that no such warrant shall be executed by the arrest or detention in prison of the offender.”

Sections 422 and 423 of the Cr.P.C. may also be relevant to some extent.

     

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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 case will have to be decided on its facts. If you have proof of your cousin sister filing a false complaint against you, it should be submitted in the court through cross-examination or defence evidence. If you have a legal question, please ask the same. It is not possible to answer question based on facts in the absence of having seen the detailed facts. For case law, search expressions like “complainant having motive to implicate accused in a false case”, “acquittal in false complaint against accused” on Google or similar other expressions that cover your query. Or, ask your advocate to do the search.

     

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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]

There is no hard and fast rule about the compensation amount. It depends on the facts of each case and, in fact, there is some amount of discretion exercised by the forum even where the facts in two cases may be similar. It is ultimately up to you (in consultation with your advocate who has drafted and filed the consumer complaint) to compute how much compensation should be prayed for in your consumer complaint. However, please keep in mind that as per Section 14(1)(d) of the Consumer Protection Act, compensation is awarded to the consumer for any loss or injury suffered by him due to the negligence of the opposite party, therefore, the compensation that you ask should be based on a reasonable estimate of the loss or injury suffered by you due to such negligence of the opposite party. At the same time, the Consumer forum has the power to grant punitive damages in such circumstances as it deems fit, but for that you’ll have to make out a case for such punitive damages by showing the extraordinary circumstances for seeking the same.

Please also keep in mind that the consumer forum also has the power to return to the complainant the price, or, as the case may be, the charges paid by the complainant, and also to discontinue the unfair trade practice or not to repeat them. The compensation may be in addition to these powers of the consumer forum. Therefore, you should try to make prayer for compensation by keeping these aspects in mind.

As regards the lawyer’s fee and travel expenses, etc., that is generally sought in the form of costs and not as compensation. But, the costs which are generally directed to be paid in India are comparatively much less than the actual amount spent by you.

If you want to amend your consumer complaint for seeking more compensation, it should be possible with the permission of the consumer forum. So, in consultation with your advocate, you can file an application with justification for seeking permission to amend the complaint. A new complaint cannot be filed and need not be filed for the same cause of 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]

(1) It is not uncommon to see a person changing his or her statement and giving a false statement under Section 164 Cr.P.C. However, there are consequences of such action, such as that her statement will become less reliable and less trustworthy; likewise, perjury offence can be made out against her for a false statement.

(2) You cannot stop police from filing a defective or hasty charge sheet, but you can definitely challenge that and apply for discharge. A defective charge sheet may rather help you to get discharge from the case.

(3) You can always file a private complaint against a person if you have sufficient material for doing so. Police cannot stop you from doing this. In any case, private complaint is filed not with police but with court. Of course, you may first try to file an FIR with police, if they don’t register your FIR, then file a private complaint in court.

(4) Police will not have any control over a private complaint filed in court. So, have no worry for that issue.

(5) You may complain to the senior police officers about the mobile phones and if need be, file a complaint with the court. If the mobile phones are shown in the seizure list by police in the case against you, then you may have to file an application under Section 457 Cr.P.C. before the court to get the phones back.

Whatever else is written by you in your question(s), can be used by you as your evidence in defence, for the purposes of getting discharge from the case or during the trial of the case, as the case may be. You may also use such evidence for filing complaint against her or other responsible persons, if any. Whatever information has been obtained by you through RTI, etc., may be used as your evidence.

It is not possible for me to give guidance on the detailed facts of your case in the absence of having seen the same. Please show all relevant documents and other records to some good lawyer at the place where you live and consult him.

     

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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 may need to obtain certificate from the Bank under Section 2A of the Bankers’ Books Evidence Act, 1891, for using the printout of the bank account as evidence in court. This section is reproduced below for your benefit:

“2A. Conditions in the printout. A printout of entry or a copy of printout referred to in sub-section (8) of section 2 shall be accompanied by the following, namely:

(a) a certificate to the effect that it is a printout of such entry or a copy of such printout by the principal accountant or branch manager; and

(b) a certificate by a person in-charge of computer system containing a brief description of the computer system and the particulars of

(A) the safeguards adopted by the system to ensure that data is entered or any other operation performed only by authorised persons;

(B) the safeguards adopted to prevent and detect unauthorised change of data;

(C) the safeguards available to retrieve data that is lost due to systemic failure or any other reasons;

(D) the manner in which data is transferred from the system to removable media like floppies, discs, tapes or other electro-magnetic data storage devices;

(E) the mode of verification in order to ensure that data has been accurately transferred to such removable media;

(F) the mode of identification of such data storage devices;

(G) the arrangements for the storage and custody of such storage devices;

(H) the safeguards to prevent and detect any tampering with the system; and

(I) any other factor which will vouch for the integrity and accuracy of the system.

(c) a further certificate from the person in-charge of the computer system to the effect that to the best of his knowledge and belief, such computer system operated properly at the material time, he was provided with all the relevant data and the printout in question represents correctly, or is appropriately derived from, the relevant data.”

Contact the bankers concerned for further details and help.

     

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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 gave just one example, since you requested for that. There may be other grounds also, though the scope is limited in writ petition – only on certain grounds. Please read the SC judgments mentioned by me. Also search for judgments on that issue.

Cannot comment on the facts of your case, without having seen the details. But, generally speaking, a writ petition cannot be converted into a regular appeal. It is basically about violation of some rights, plus some similar things. Please show your papers to some local lawyer at your place to get his opinion on your detailed 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]

Income Tax Return is prescribed under Section 139 of the Income Tax Act, 1961.

For an individual, the general rule under this section is that if his total income [or the total income of any other person in respect of which he is assessable under the said Act] during the previous year exceeded the maximum amount which is not chargeable to income-tax, shall furnish the Income Tax Return. This means that generally speaking, if the total income of an individual is less than the taxable income then he is not required to file Income Tax Return. However, there are exceptions to this general rule. For example, Section 139 itself provides that in the following situations, an individual may be required to file the Income Tax Return even if his total income is less than the taxable income:

• during the previous year incurs an expenditure of fifty thousand rupees or more towards consumption of electricity, or
• at any time during the previous year, is in occupation of an immovable property exceeding a specified floor area, whether by way of ownership, tenancy or otherwise, as may be specified by the Board in this behalf; or
• at any time during the previous year, is the owner or the lessee of a motor vehicle other than a two-wheeled motor vehicle, whether having any detachable side car having extra wheel attached to such two-wheeled motor vehicle or not; or
• at any time during the previous year, has incurred expenditure for himself or any other person on travel to any foreign country; or
• at any time during the previous year, is the holder of a credit card, not being an “add-on” card, issued by any bank or institution; or
• at any time during the previous year, is a member of a club where entrance fee charged is twenty-five thousand rupees or more.

Thus, there may be situations, where an individual may be required under law to file Income Tax Return even if his total income is less than the taxable 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]

As per the provisions of the Partnership Act, 1932, “partnership” is the relation between persons who have agreed to share the profit of a business carried on by all or any of them acting for all.

Unlike a company, a partnership firm is not a “person”. A company is a separate legal person and has its own separate independent existence apart from its shareholders / members. But, a partnership firm is not a separate legal person.

In view of this, it is not possible for a partnership firm to become a partner in another partnership firm. However, of course, its partners can become partners in such other partnership firm.

     

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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 example, when a compromise is obtained by fraud or misrepresentation.     

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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 is difficult to fully comprehend your question, I am trying to reply it to the extent I could understand it.

An offence under Section 354, 34 IPC which has already been compounded and in which you were acquitted long back in 2007 about 10 years back, should not generally come in the way of your getting the government job. However, it is ultimately for the concerned authority to take a call in this matter and they have to decide. Moreover, you should declare it transparently in your police verification form, which you are required to submit at the time of getting the job. Do not conceal information with regard to this offence and mention about the compounding and 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]

Generally speaking, an IP address cannot be a conclusive evidence. There may be some odd cases where it may be possible that a single and unique IP address is allocated to a single individual, but even there it may perhaps be necessary to show that no other person had physical access to that IP address. So, it may depend on facts and circumstances of the case concerned. However, as I mentioned above, usually some corroborative evidence would be necessary to support the evidence of IP address.

     

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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 difficult to reply to your question- (1) without actually seeing the appointment orders, (2) without knowing the rules of the University, (3) without knowing on what basis the selection was made for such ad hoc appointment, (4) without knowing whether it was based on some competitive examination, (5) without knowing whether such ad hoc appointment was made in accordance with rules and whether the candidate was eligible and whether other similarly situated eligible candidates were considered, etc.

Generally speaking, ad hoc appointments are considered to be back door entry and courts usually deprecate the regularisation and absorption of persons working on ad hoc basis as it has become a common method of allowing back door entries. But, it all depends on facts of each case.

The answer to your question depends on facts of the case. Please show your relevant documents to some local lawyer and obtain his opinion. Since you appear to be working for a long period of about 9 years, it may go in your favour if other factors are also in your favour.

     

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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 reply to some of your questions without knowing the full facts of the case and without actually seeing the documents. However, let me reply to whatever questions can be answered.

“Zero FIR” or the FIR with Zero number is generally registered when the complaint is received in a police station which does not have jurisdiction to entertain that complaint and the FIR is to be sent to the regular police station which has jurisdiction for registering the regular FIR.

It is desirable that the complainant / informant should sign the FIR format (specially where the complaint is given verbally). However, sometimes a separate signed complaint is given (on a plain paper or a letterhead) by the informant / complainant which is then reproduced in the FIR format verbatim; in such case the absence of complainant’s signature on the FIR format may not be material, since the real first information is the one given by him by his separately signed complaint.

Yes, a computer-generated FIR may be legally valid, more so when it is accompanied by the certificate under Section 65-B of the Evidence Act.

There is no prohibition in the Criminal Procedure Code for the trap laying officer to register the FIR himself, though there is a practice in some anti-corruption agencies to give the subsequent investigation to some other officer.

For your other questions, in particular the question whether in your case the FIR can be challenged, please show your documents to a local lawyer and obtain his considered opinion.

     

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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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