[Dr. Ashok Dhamija]

It is not quite clear from your question as to what are the detailed facts of the case. Whether the concerned person has forged some document or used some forged document, or he merely suppressed some information? Further, whether the suppression of information was dishonest with the intention to deceive? Depending on detailed facts of the case, there may be a possibility of an offence of forgery and/or cheating being made out. However, this would require additional incriminating facts. Mere suppression of material information may not perhaps be sufficient to register an offence. Therefore, in view of the absence of detailed facts in your question, it is difficult to answer it.

At the same time, if the person so appointed to the Government post does not have minimum qualifications, then a writ petition for a writ of quo warranto may perhaps be possible to oust him from that post. Such writ petition can be filed in the high court under Article 226 of the Constitution.

     

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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]

No prior permission is needed to register FIR or to file a private complaint case against a Government servant for an offence that he may have committed.

However, if the offence is committed by a public servant to whom Section 197 of the Criminal Procedure Code is applicable, while acting or purporting to act in the discharge of his official duty, previous sanction of the concerned Government may be necessary before the Court takes cognizance of such offence.

Likewise, if the offence committed by the public servant is under the provisions of the Prevention of Corruption Act, 1988, previous sanction of the competent authority may be needed before the Court takes cognizance of such offence.

     

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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’ll have to produce the evidence / proof of the payments made by your mother. If she has taken note signed by the persons for collecting the payments, then the same may be produced. You can find out the details and whereabouts of the persons who collected payments on behalf of the builder, from the builder. Also find out whether other members of the society were also similarly making payments to those persons. Also, whether those persons were authorized to collect payments. You can also ask why the bills were not given earlier and why bills for so many months are being given now in a bunch.

     

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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]

Removal from service by way of a punishment results into no pension for the person concerned, even if he had completed minimum service required for pension, i.e., pensionable service.

Also see: What is difference between removal and dismissal from service?

In fact, in a similar case of a bank employee who was working in the State Bank of India, in the case of Arikaravula Sanyasi Raju v. Branch Manager, State Bank of India, (1997) 1 SCC 256 : AIR 1997 SC 2268, the Supreme Court has held that a person who has been removed from service is not entitled for pension.

     

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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 you had suspended your advocate practice by writing to your State Bar Council, then you can apply to the Bar Council for resumption of your practice. Once the Bar Council permits you to resume your law practice, you can start your practice afresh.

On the other hand, if you had not suspended your practice, then you can simply start your practice again.

However, if you had cancelled your registration / enrolment as an advocate, then you may have to enrol with the State Bar Council afresh to start your practice.

     

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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]

First, please make sure that you are in fact being paid excess pension than is admissible to you under the rules. It should not happen that your own calculations are wrong.

Second, instead of depending only on the emails, you should also send written letters by Registered Post with Acknowledgement Due to the bank as well as to the Pension Authorities. If possible, you can meet the authorities.

If the pension is being paid in excess than as permissible under the rules, sooner or later a recovery may be made. So, you should keep the excess amount ready for being paid back, if any demand thereof is made in future.

 

     

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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 you have mentioned that the conviction has been set aside by the high court and the same has not been challenged by the department in the Supreme Court, you have not mentioned whether the department has conducted a separate disciplinary proceedings either before, during or after the criminal case.

I am presuming that no such separate departmental action has been initiated. If so, then after acquittal from the high court and in the absence of any separate departmental action, you should be eligible to get pension and other monetary benefits. As regards promotions, the promotion committee recommendations are generally kept in sealed cover during pendency of the criminal case; they same may have to be opened. Suspension may also get regularised. Since you have already filed a writ petition for getting these benefits, you can press these issues in the writ petition.

Also see, related questions:

• How long promotion will be delayed if court case pending against govt servant?
• Suspension period to be treated on duty on otherwise?
• Salary payment for the suspension period after suspension being revoked.

 

     

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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 authorities will accept the age as reflected in the official documents, such as the school certificate. If age of the girl as per the official records is 17 years only, then she is a minor and she cannot get married.

However, if you feel that her actual age is 18 years and there is evidence to support the same, then you may get the official records corrected and let her actual age of 18 years be first got recorded in the official records. Once the official records are corrected to reflect her age to be of 18 years, then it should be possible for the girl to get married.

     

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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]

What are the terms of the sale agreement? Does it provide that in case the deal is cancelled by you the advance amount would be returned? Is any time limit set for such clause? Or, does the agreement mention that on cancellation of the deal by you, full advance amount or a part amount of the advance would be forfeited? Likewise, there may be a penalty clause for cancellation of deal by the seller also.

So, it would depend upon the terms in the sale agreement. However, if the agreement specifically mentions that if the deal is cancelled by you then the seller would return the advance amount, then you may sue the seller for not returning the advance. Otherwise, you may have to go by the terms of the agreement.

     

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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 complete the procedure for mutual consent divorce within a period of one month.

Please see Divorce by mutual consent – conditions and procedure, for more details about the conditions and procedure for mutual consent divorce and how much minimum time will be taken for the same.

If your wife has stolen your money and gold, you can file a complaint with the police / 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]

What you have mentioned in the question, can be stated by you in your defence: that you are no more a partner; that you are not responsible for any activities of the firm; that you are only an employee; that all liabilities had been accepted by the other partner; that you had been asked to sign the blank cheques and they were misused by the other partner; etc.

You should not have signed blank cheques. And, it is not clear whether you signed on blank cheques as a partner or as an employee. You’ll have to prove the case on merits of the 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]

Before the passing of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a Muslim woman who was divorced by her husband was granted a right to maintenance from her husband under the provisions of Section 125 Cr.P.C. until she may remarry.

Section 3(1) of the Muslim Women (Protection of Rights on Divorce) Act provides that a divorced woman shall be entitled to have from her husband, a reasonable and fair maintenance which is to be made and paid to her within the iddat period. Under Section 3(2) of the said Act, the Muslim divorcee can file an application before a Magistrate if the former husband has not paid to her a reasonable and fair provision and maintenance or mahr due to her or has not delivered the properties given to her before or at the time of marriage by her relatives, or friends, or the husband or any of his relatives or friends. Section 3(3) provides for procedure wherein the Magistrate can pass an order directing the former husband to pay such reasonable and fair provision and maintenance to the divorced woman as he may think fit and proper having regard to the needs of the divorced woman, standard of life enjoyed by her during her marriage and means of her former husband.

Interpreting the provisions of the above Act, in the case of Danial Latifi v. Union of India, (2001) 7 SCC 740, a Constitution bench of the Supreme Court held as under:

“A careful reading of the provisions of the Act would indicate that a divorced woman is entitled to a reasonable and fair provision for maintenance. It was stated that Parliament seems to intend that the divorced woman gets sufficient means of livelihood after the divorce and, therefore, the word “provision” indicates that something is provided in advance for meeting some needs. In other words, at the time of divorce the Muslim husband is required to contemplate the future needs and make preparatory arrangements in advance for meeting those needs. Reasonable and fair provision may include provision for her residence, her food, her clothes, and other articles. The expression “within” should be read as “during” or “for” and this cannot be done because words cannot be construed contrary to their meaning as the word “within” would mean “on or before”, “not beyond” and, therefore, it was held that the Act would mean that on or before the expiration of the iddat period, the husband is bound to make and pay maintenance to the wife and if he fails to do so then the wife is entitled to recover it by filing an application before the Magistrate as provided in Section 3(3) but nowhere has Parliament provided that reasonable and fair provision and maintenance is limited only for the iddat period and not beyond it. It would extend to the whole life of the divorced wife unless she gets married for a second time.”

In the above judgment, the Supreme Court concluded as under:

(1) A Muslim husband is liable to make reasonable and fair provision for the future of the divorced wife which obviously includes her maintenance as well. Such a reasonable and fair provision extending beyond the iddat period must be made by the husband within the iddat period in terms of Section 3(1)(a) of the Muslim Women (Protection of Rights on Divorce) Act.

(2) Liability of a Muslim husband to his divorced wife arising under Section 3(1)(a) of the Muslim Women (Protection of Rights on Divorce) Act to pay maintenance is not confined to the iddat period.

(3) A divorced Muslim woman who has not remarried and who is not able to maintain herself after the iddat period can proceed as provided under Section 4 of the Muslim Women (Protection of Rights on Divorce) Act against her relatives who are liable to maintain her in proportion to the properties which they inherit on her death, according to Muslim law, from such divorced woman including her children and parents. If any of the relatives being unable to pay maintenance, the Magistrate may direct the State Wakf Board established under the Act to pay such maintenance.

It is pertinent to point out that in a subsequent judgment of a Constitution bench of the Supreme Court in the case of Khatoon Nisa v. State of U.P., (2014) 12 SCC 646, a question arose whether a Magistrate is entitled to invoke his jurisdiction under Section 125 of the Cr.P.C. to grant maintenance in favour of a divorced Muslim woman. Dealing with the said issue the Supreme Court ruled that subsequent to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, as it was considered that the jurisdiction of the Magistrate under Section 125 of the Code can be invoked only when the conditions precedent mentioned in Section 5 of the said Act are complied with. The Supreme Court noticed that in the said case the Magistrate had returned a finding that there having been no divorce in the eye of the law, he had the jurisdiction to grant maintenance under Section 125 of the Code of Criminal Procedure. The said finding of the Magistrate had been upheld by the High Court. The Constitution Bench in the said case, in that context, ruled as under:

“…The validity of the provisions of the Act was for consideration before the Constitution Bench in the case of Danial Latifi v. Union of India. In the said case by reading down the provisions of the Act, the validity of the Act has been upheld and it has been observed that under the Act itself when parties agree, the provisions of Section 125 CrPC could be invoked as contained in Section 5 of the Act and even otherwise, the Magistrate under the Act has the power to grant maintenance in favour of a divorced woman, and the parameters and considerations are the same as those in Section 125 CrPC. It is undoubtedly true that in the case in hand, Section 5 of the Act has not been invoked. Necessarily, therefore, the Magistrate has exercised his jurisdiction under Section 125 CrPC. But, since the Magistrate retains the power of granting maintenance in view of the Constitution Bench decision in Danial Latifi case under the Act and since the parameters for exercise of that power are the same as those contained in Section 125 CrPC, we see no ground to interfere with the orders of the Magistrate granting maintenance in favour of a divorced Muslim woman.”

Referring to the above judgment, the Supreme Court in the case of Shamim Bano v. Asraf Khan, (2014) 12 SCC 636, observed that the aforesaid principle clearly lays down that even after an application has been filed under the provisions of the Muslim Women (Protection of Rights on Divorce) Act, the Magistrate under the Act has the power to grant maintenance in favour of a divorced Muslim woman and the parameters and the considerations are the same as stipulated in Section 125 of the Code. Supreme Court noted that while taking note of the factual score to the effect that the plea of divorce was not accepted by the Magistrate which was upheld by the High Court, the Constitution Bench (in the above Khatoon Nisa case) opined that as the Magistrate could exercise power under Section 125 of the Code for grant of maintenance in favour of a divorced Muslim woman under the Muslim Women (Protection of Rights on Divorce) Act, the order did not warrant any interference. The Supreme Court held that thus, the emphasis was laid on the retention of the power by the Magistrate under Section 125 of the Code and the effect of ultimate consequence.

Similarly, in the case of Shabana Bano v. Imran Khan, (2010) 1 SCC 666, the Supreme Court held that:

“The appellant’s petition under Section 125 CrPC would be maintainable before the Family Court as long as the appellant does not remarry. The amount of maintenance to be awarded under Section 125 CrPC cannot be restricted for the iddat period only.”

Therefore, a divorced Muslim woman is entitled to claim maintenance from her former husband in terms of the above judgments of the Supreme 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]

Non-bailable warrant basically implies that the person concerned will be arrested on the basis of such warrant and will be produced before the court which issued the warrant. Once so produced, the court has the power either to send him to custody (depending on the offence committed) or to grant him bail. Therefore, even after a non-bailable warrant (NBW) is issued, bail can be granted by the court, though it may depend on the facts of each case as to after how many days the bail would be granted; it may be immediately after production before the court after executing NBW or may be after some days.

Secondly, sometimes, the NBW may be got cancelled by the person concerned surrendering before the court on his own, whereupon, again, the court may, in its discretion, grant bail to the person or send him to custody.

     

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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 question is not quite clear as to what do you want to ask. What perhaps appears from your question is that there is difference in the facts mentioned in two reports.

You can point out the difference in the facts in your representation to the authority concerned, if such difference is vital to the proof of the charge against you. If the difference is vital and if the authority does not agree, you can subsequently challenge in the court / tribunal.

     

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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 answer your question without full facts. What was written in the agreement? What were the offences which were negated in the agreement? By “negated”, do you mean “compromise” or compounding of the offences or that the said offences did not take place or something else? Further, whether any consideration was paid to the other party for the so-called “negating” of the offences?

From what you have mentioned, it appears (though I am not sure) that the agreement was a sort of compromise or compounding of the offences mentioned therein. Please note that: (1) some offences can be compounded by the parties between themselves; (2) some other offences can be compounded by the parties only with the permission of the court; and, (3) some offences are completely non-compoundable.

Now, what type of offences were mentioned in the agreement? If they were in the (2) and (3) categories, then that agreement itself may perhaps be invalid.

Depending on the facts of your case, if the said agreement was valid and if sufficient consideration was paid for the above agreement, then you may perhaps seek to enforce that agreement and also bring it to the notice of the court depending on the nature of the offences involved.

     

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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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