Dr. Ashok Dhamija
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January 20, 2019 at 1:07 am in reply to: family pension deduction u/s 57(iia) of Income Tax Act #5380
Dr. Ashok DhamijaAdvocateSection 57(ii-a) of the Income Tax Act allows the following deduction from the family pension:
“(ii–a) in the case of income in the nature of family pension, a deduction of a sum equal to thirty-three and one-third per cent of such income or fifteen thousand rupees, whichever is less.”
The total income in the year from family pension is calculated, and from it, a deduction of one-third of this income is allowed or a deduction of ₹ 15,000 is allowed, whichever is less.
For example, if the total income in the year from family pension is ₹ 3 lakh, then its one-third is ₹ 1 lakh; in such a case, only ₹ 15,000 deduction will be allowed.
But, if suppose the total income in the year from family pension is ₹ 30,000 only, then its one-third would be ₹ 10,000. Since this amount of ₹ 10,000 is less than ₹ 15,000, therefore, in such a case, only ₹ 10,000 would be allowed as deduction from the total amount of family pension.
In brief, thus, deduction on family pension is computed on the basis of yearly total and not the monthly total.
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 DhamijaAdvocateYou can request the court to issue Proclamation for the absconding accused under the provisions of Section 82 of the Criminal Procedure Code. And, thereafter, if needed, the court may be requested to issue orders under Section 83 of Cr.P.C. for attachment of property of such accused in respect of whom such Proclamation has been issued.
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.
January 17, 2019 at 11:34 pm in reply to: whether curative petition can be filed without the dismissal of the review petition #5371Dr. Ashok DhamijaAdvocateCurative petition can be filed in the Supreme Court only after dismissal / disposal of the review petition. It is not permissible to file the curative petition where the review petition is still pending or where the review petition has not even been filed.
To read some more details about the curative petition, please see my note on the case of Rupa Ashok Hurra v. Ashok Hurra, (2002) 4 SCC 388 : AIR 2002 SC 1771.
This is what has been laid down in the Supreme Court Rules, 2013, with regard to curative petition (only some relevant extracts are quoted here), which should clear some of your doubts about curative petitions:
“1. Curative Petitions shall be governed by Judgment of the Court dated 10th April, 2002 delivered in the case of 'Rupa Ashok Hurrah v. Ashok Hurrah and Ors.' in Writ Petition (C) No. 509 of 1997.
2. (1) The petitioner, in the curative petition, shall aver specifically that the grounds mentioned therein had been taken in the Review Petition and that it was dismissed by circulation.
(2) A Curative Petition shall be accompanied by a certificate ofthe Senior Advocate that the petition meets the requirements delineated in the above case.
(3) A curative petition shall be accompanied by a certificate ofthe Advocate on Record to the effect that it is the first curative petition in the impugned matter.
3. The Curative Petition shall be filed within reasonable time from the date of Judgment or Order passed in the Review Petition.”
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.
January 17, 2019 at 11:24 pm in reply to: Article 39 A of the Constitution of India provides for free legal aid to poor #5369Dr. Ashok DhamijaAdvocateLegal aid cells are available in all district courts and other major courts in India. You can get more information by visiting the concerned legal aid cell where you need the help. If you request the court to provide you the legal aid, generally the court will also help you in this regard.
You can visit the website of the National Legal Services Authority (https://nalsa.gov.in/) for more detailed information on the services provided and the conditions.
You can also get the links to the websites of the State Legal Service Authorities by visiting https://nalsa.gov.in/state-lsas-websites.
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.
January 17, 2019 at 11:15 pm in reply to: i need the gather GST implement policies and other details? #5368Dr. Ashok DhamijaAdvocateVisit the official GST website (https://cbec-gst.gov.in/) of the Government of India, where you can get all details related to GST, its policies, and even GST rates applicable on different goods and services. And, this website has latest up-to-date information.
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.
January 17, 2019 at 11:11 pm in reply to: Cancellation of Bail by Sessions Court when bail was granted by High Court #5367Dr. Ashok DhamijaAdvocateSection 439(2) of the Criminal Procedure Code lays down as under:
“(2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.”
This means that, legally speaking, the Court of Session has the power to cancel the bail granted to any person even if such bail was granted by the high court, since bail under the relevant Chapter (mentioned in the above sub-section) includes bail granted by the high court too.
Of course, this would be done by the Sessions Court only if the conditions for grant of bail have been violated, since it cannot otherwise overturn the bail granted by high court in an appeal; that can be done only by Supreme Court.
However, even if the Sessions Court may have this power, in practice it would not be done in any case if the bail had initially been granted by the High Court. If for no other reason, then at least by way of judicial discipline, the Sessions Court would almost never do it. In such cases, the Sessions Court may advise the person concerned to approach the High Court (if the High Court had granted bail initially) for cancellation of bail.
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.
January 17, 2019 at 9:58 am in reply to: Required Reference Complaint and Reference Judgement(Sample) #5363Dr. Ashok DhamijaAdvocateOn this Forum, we don’t have sample FIRs or other sample legal documents. There are many websites on the Internet, which provide such sample legal documents. Please search on Google to get sample FIRs.
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.
January 17, 2019 at 9:55 am in reply to: Civil – legality of handwritten will without witnesses #5362Dr. Ashok DhamijaAdvocateFirstly, as per Section 63 of the Indian Succession Act, 1925, it is mandatory that the will must be signed by the person making it and also be attested by at least two witnesses. Otherwise, the will is not valid. Secondly, registration of a will is only optional and is not mandatory. Therefore, a will is not invalid merely because it is not registered.
Section 63 of the Succession Act is as under:
“63. Execution of unprivileged wills.—Every testator, not being a soldier employed in an expedition or engaged in actual warfare, or an airman so employed or engaged, or a mariner at sea, shall execute his will according to the following rules:—
(a) The testator shall sign or shall affix his marks to the will, or it shall be signed by some other person in his presence and by his direction.
(b) The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will.
(c) The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary.”
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.
January 17, 2019 at 9:46 am in reply to: Regarding right to privacy of accused during investigation, once FIR registered, #5361Dr. Ashok DhamijaAdvocateWe are not in position to help you in this regard as this Forum does not provide documents.
Government circulars on issues like this are generally not available online. Moreover, with the details available, it was not possible to get the High Court order online. You may have to contact the High Court and/or the concerned Government. Contact the State Government (Home Department) or DGP of State through RTI.
Police is a state subject, so generally speaking, circulars on such issues would be issued by the states concerned.
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 DhamijaAdvocateIf the high court has also rejected the anticipatory bail application, then the next remedy is to approach the Supreme Court with a Special Leave Petition (SLP) for seeking anticipatory bail.
Another option is to seek regular bail from the trial court as and when arrested by police.
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 DhamijaAdvocateYou can meet and request the senior police officers for expediting the investigation, telling them how the local police station officers were siding with the accused persons. Usually, the senior police officers take stock of all long pending cases and direct the investigating officers to complete investigation within limited time-frames.
Second option is, of course, to file a petition before the high court under Section 482 of the Criminal Procedure Code seeking direction to complete the investigation expeditiously or transfer the case to some other agency (or officer) if it is a serious case.
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 DhamijaAdvocateYour question is not quite clear. If you mean to ask about compassionate employment to the family member of an existing government employee, then you may have to refer to the relevant rules / guidelines of the concerned government / organisation. Every government / organisation may have its own separate rules for compassionate employment.
For example, the detailed rules for compassionate appointment of the Central Government can be seen at this link.
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.
January 16, 2019 at 6:43 pm in reply to: what is equivalent of innocence till proven guilty mandate/dictum in india? #5349Dr. Ashok DhamijaAdvocateThis is an academic question, which we don’t answer as per our Forum guidelines. This Forum is meant to help on real legal issues of litigants and not academic legal issues.
In any case, this rule is writ everywhere in criminal laws, spread over various provisions, starting with Article 21 of the Constitution of India which guarantees a fundamental right mandating that: "No person shall be deprived of his life or personal liberty except according to procedure established by law."
If you are an accused in a criminal case, then you have to take help of specific provisions of the criminal law (such as Evidence Act and Criminal Procedure Code, etc.) instead of harping on such academic issues. So, use the relevant individual specific section of law, when facing a specific problem during your criminal trial or investigation.
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.
January 15, 2019 at 4:41 pm in reply to: Extra ordinary leave during probation period in central government #5336Dr. Ashok DhamijaAdvocatePlease note that a person who is appointed to a post on probation is entitled to leave under the rules as a temporary or a permanent Government servant depending on whether his appointment is against a temporary or a permanent post, respectively.
The relevant guidelines in this regard are laid down in OM No. 28020/1/2010-Estt(C) dated 21st July, 2014, of the DoPT (see here). As per this:
“18. A person appointed to a post on probation shall be entitled to leave under the rules as a temporary or a permanent Government servant according as his appointment is against a temporary or a permanent post. Where such person already holds a lien on a permanent post before such appointment, he shall be entitled to leave as a permanent Government servant.”
So, it depends on whether you are on probation against a temporary post or a permanent post. You’ll have to check this for your appointment.
If you are on probation against a permanent post, then as per Rule 32 of the Central Civil Services (Leave) Rules (see here), you may be entitled to get extraordinary leave, depending on conditions mentioned in the said Rules.
However, if you are on probation against a temporary post, then your entitlement to extraordinary leave may be limited (may be for 3 months) as mentioned in the said Rule 32. It depends on various conditions mentioned in the said Rule.
Under these Rules, the authority competent to grant leave has been defined as under:
“Authority competent to grant leave” means the authority specified in Column (3) of the First Schedule to these rules, competent to grant the kind of leave specified in the corresponding entries in Column (2) of the said Schedule;”.
So, check the details of the competent authority for your post in these rules.
Your probation period may be extended due to extraordinary leave. Read this circular for the relevant guidelines.
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 DhamijaAdvocateIt depends on the relevant rules / guidelines applicable in your organisation. You have to check these relevant rules / guidelines which are applicable to you.
For example, for the Central Government employees (these may also generally to organisations under the central government), the relevant guidelines in this regard are as under:
“The decision whether an employee should be confirmed or his probation extended should be taken soon after the expiry of the initial probationary period, that is within six to eight weeks, and communicated to the employee together with the reasons in case of extension. A probationer who is not making satisfactory progress or who shows himself to be inadequate for the service in any way should be informed of his shortcomings well before the expiry of the original probationary period so that he can make special efforts at self-improvement.”
This may imply that within 6 to 8 weeks of the expiry of the probation period, a decision to extend the probation may be communicated.
You can read these and other relevant guidelines with regard to confirmation of probation at this link.
However, as I mentioned above, you have to check what are the guidelines applicable in your organisation.
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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