[Dr. Ashok Dhamija]

In the recently amended Prohibition of Benami Property Transactions Act, 1988, it is specifically provided that the following transactions shall NOT be benami transactions where a property is held by any person being an individual in the name of his spouse or in the name of any child of such individual and the consideration for such property has been provided or paid out of the known sources of the individual.

In view of the above, if the husband buys a property in the name of his wife (who is house-wife and does not work), it would not be considered a benami property and no action would be taken against the husband, or the wife, for such transaction under the aforesaid Prohibition of Benami Property Transactions Act, 1988.

     

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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]

Yes, video-recording of an incident relating to a crime is definitely evidence for that case. This is electronic evidence which can be proved in accordance with the procedure laid down in Section 65-B of the Evidence Act. An alternative method of proving this evidence is production of the original device itself on which such evidence was originally recorded. In your case, the mobile phone (including its memory) may be the original device which can be produced before the court to prove the video-recording of the accident. As mentioned above, this video recording can also be proved in accordance with the procedure laid down in Section 65-B of the Evidence Act by producing its copy on a CD/DVD/USB drive, etc., along with a certificate required under that section.

Accordingly, you should inform the police about the video recording that you have about the accident and cooperate with the police for a proper investigation 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]

Once the examination in chief of a witness has been completed, he may be cross-examined by the opposite party, i.e., accused person in a criminal case. Usually, the cross-examination can be conducted only once till it is completed. If the cross-examination cannot be completed on a given day, the hearing can be adjourned and the cross-examination can be continued on the next date.

At the same time, the law permits recall of witness by the court if required, even after his evidence has been recorded completely, including the cross-examination. Therefore, after completion of the cross-examination by the accused person, on an application being made by the accused person, the court may permit recall of that witness for further cross-examination if that is necessary in the interests of justice. Subject to this exception, cross-examination is conducted only once, as mentioned above.

     

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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]

Taking cognizance of the same offence twice, and starting two different proceedings for the same offence, is not permissible. It might have been done either by mistake or the two incidents might have been different though similar and between the same parties. It can be challenged before the higher 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]

Please note that the offence under Section 354 IPC is not compoundable, while the offence under Section 509 IPC is compoundable with the permission of the court.

In view of this, the offences under Sections 354, 509 IPC will not be compoundable.

However, if both parties have compromised the matter, then a petition under Section 482 of Cr.P.C. can be filed in the High Court for quashing of the charges on the basis of the compromise. If the high court, in its discretion, depending on the facts and circumstances of the case, agrees to quash the proceedings, then the case can be quashed on the basis of the compromise. Generally, the high court may agree if it finds that the compromise is genuine and not under threat, etc., though it is not guaranteed.

Quashing of the case will be considered equivalent to “discharge” in the case which may be equivalent to acquittal, or rather even better than 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]

Yes, WhatsApp chatting is admissible in the court of law. It is an electronic record or an electronic document.
To prove WhatsApp chatting, you can produce the original mobile phone on which such chatting actually took place. This is the primary evidence of the chatting.
Else, you can prove WhatsApp chatting by producing it printouts or copy on a USB drive or a CD / DVD, etc., by following the procedure laid down in Section 65-B of the Evidence Act which also requires a certificate to be given along with satisfying other conditions mentioned in that section.
Also see: Evidence of printout of screenshot of WhatsApp messages.
     

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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 formula laid down in the law for calculating the maintenance to be paid to wife (and/or minor children). It all depends on the facts and circumstances of the case, including the income of the husband, income of wife (if any), number of other dependents, living standards of the parties, their life styles, their financial requirements, etc. It may be true that generally the maintenance may be in the range of about one-third of husband’s income, but there is no hard and fast rule and it all depends on the facts of each case.

You can show all relevant facts to the court, including deductions from your salary, your old parents being dependent on you, etc. The court would generally take all these aspects into consideration while deciding the maintenance.

In the worst scenario for you, if the court decides the maintenance amount which is almost equal to your take-home salary, you have the option of challenging that in the higher courts. If needed, you may also request the bank to reduce the EMI to adjust your take-home salary by showing the court 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]

Petition for quashing of the criminal case has to be filed in the high court which has jurisdiction over the area where such criminal case has been filed / is pending. Since as per your question, the case is pending in Sonipat in Haryana, the petition to quash such case can be filed in Punjab and Haryana High Court in Chandigarh and not in Delhi high court. Merely because you and your family reside in Delhi or because your wife lived with you in Delhi earlier, cannot be a ground to file this case in Delhi high court, if the criminal case is itself registered in Haryana. Of course, if you feel that the case could not have been registered in Sonipat (Haryana) due to the reason that the offence did not occur at that place, you can make that also a ground for quashing the case, but the petition for quashing will still have to be filed in Punjab and Haryana high 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]

Of course, such serious contradictions in the statement of the complainant will adversely affect the case of the prosecution. How far these contractions will affect the prosecution case will depend on the facts and circumstances of the case, and also whether there are other reliable witnesses or other evidence in the case on behalf of the prosecution. It is not possible to comment on the individual case on the basis of facts, more so, when facts are not even revealed in the 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]

In the case of Ajay Kumar Choudhary v. Union of India, (2015) 7 SCC 291 : AIR 2015 SC 2389, the Supreme Court had directed that the suspension of a Government servant shall not be extended beyond a period of three months, if within this period the Memorandum of Charges / charge-sheet is not served on the delinquent officer / employee [see: Suspension order not to extend beyond 3 months if charge-sheet is not served, says Supreme Court].

In fact, subsequently, the Central Government has itself directed that where a Government servant is placed under suspension, the order of suspension should not extend beyond three months, if within this period the charge-sheet is not served to the charged officer [see: Suspension not to exceed 3 months if charge sheet not served, says Central Government.]

If, in spite of these specific directions, your friend continues to be under suspension beyond 3 months while the charge sheet is yet to be served on him, it should be challenged in the Central Administrative Tribunal (CAT). If the concerned authority does not obey the lawful directions relating to suspension, then such authority may be himself subject to disciplinary action if it is found to be deliberate or due to gross negligence; your friend can try making complaint in this regard or may insert a prayer in the Original Application before CAT; but chances of success in such efforts to get the concerned authority penalised would be generally limited. Chances of a successful contempt action against such authority for violating the court orders would also be less, generally speaking. The first effort of your friend should be to get the suspension revoked; and, in fact, when he is aware of 3 months’ time limit he could have challenged it earlier and should not have waited for one year.

     

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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]

Why not?

Perjury basically means the offence of wilfully telling an untruth in the court or making a misrepresentation under oath.

Offence under Sections 193 of the Indian Penal Code, which is basically the offence of perjury, relates to giving false evidence in judicial proceeding, etc. In this section, the expression “judicial proceeding” is not confined to a criminal matter; it can very well be in a civil matter also.

In the facts of your case, if a party in a civil suit has filed forged documents before the court, it would definitely attract the offence of perjury. So, you can move the civil court, before which such forged documents were submitted, to initiate the perjury proceedings.

Also see: Perjury application under S. 340 CRPC not accepted by judge.

     

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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]

Yes, it should be possible to file additional documents, after taking permission from the 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]

The certificate required to be given under Section 65-B of the Evidence Act is required to contain information about various conditions mentioned sub-section (2) and sub-section (4) of the said section. For example, one condition requires that “the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer”. Some other conditions also relate to the said period.

Such certificate is also required “to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities”.

From this, it appears that the certificate should be prepared during the period when copy of the electronic document or record is prepared for the purposes of being used in accordance with Section 65B of teh Evidence Act.     

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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 this regard, please note that an advocate with less than one year’s practice cannot argue a case in the Supreme Court, but he can mention a case for seeking date, time or adjournment, etc.

Any other advocate with more than one year’s practice (irrespective of in which state he or she is enrolled as advocate) can appear before the Supreme Court and argue a case.

However, only an advocate on record can file Vakalatnama in the Supreme Court on behalf of a client. An advocate who is not an advocate on record, cannot file vakalatnama on behalf of a client, but he can argue the case on instructions from an advocate on record.

For becoming an advocate on record in the Supreme Court:

• You will have to undergo training under an approved advocate on record for a period of one year. But, you can register for such training only after completing 4 years’ practice.
• After such training, you will have to pass the advocate on record examination conducted by the Supreme Court.
• You will have to have an office in Delhi within 16 km from Supreme Court.
• You will have to employ a registered clerk after becoming AOR.

For more details on this, please read the Supreme Court Rules, 2013, which are available online on SC website.

     

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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 advisable not to give photocopies of the property documents (such as sale deed) to outsiders such as brokers. Though normally such photocopies would not be misused, but you never know.

Your brother can show the copies or the originals of the documents to the brokers, if they so insist for their satisfaction about you being the owner of the property. In the worst scenario, you can give Cancelled photocopies, i.e., putting CANCELLED words all across the photocopy in big letters, to trusted brokers. Or, you can tell them that you can show the documents to a prospective customer who shows interest in the property after seeing 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.

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