Dr. Ashok Dhamija
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July 20, 2017 at 11:28 pm in reply to: Legality of DIR(Domestic incident report) In DV Act 2005 #2351
Dr. Ashok DhamijaAdvocateYou can oppose the Domestic Incident Report (DIR) filed by the concerned Protection Officer and point out all the factual mistakes in the Report by giving evidence from your side. You can also bring the correct factual position (such as that your wife stayed with you in a rented accommodation) along with relevant proof to the knowledge Magistrate. The Magistrate is required to give you an opportunity of being heard and follow the principles of natural justice in this regard. So, you should be getting an opportunity to point out the defects in the DIR.
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 DhamijaAdvocateIn the absence of knowledge of detailed facts, it is not possible to comment in the specific facts of your case.
But, generally speaking, the answer to your question is “yes” and in this regard, I may point out that Section 36 of the Civil Procedure Code specifically provides that “The provisions of this Code relating to the execution of decrees (including provisions relating to payment under a decree) shall, so far as they are applicable, be deemed to apply to the execution of orders (including payment under an order).
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 is not possible for me to advise you correctly on your facts, without actually having seen the full records of the case.
But, generally speaking, anticipatory bail can be granted in a case under Sections 420 and 409 IPC. The court has the power in this regard. But, whether or not it will actually be granted will depend upon the facts of each case. However, if the accused has been shown to be absconding for several years, it may become difficult to get anticipatory bail.
In your fact situation, since you are hesitant to surrender fearing custody, you may try for anticipatory bail. If it is rejected, you may still have the option for applying for regular bail after surrender / arrest. Anticipatory bail may be tried either before the Sessions Court or the high court. Preferably you may first approach the Sessions Court, and thereafter, if needed and if so advised, you may approach the high court, for getting anticipatory 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.
July 20, 2017 at 11:06 pm in reply to: Evidentiary value of a report published in the news paper #2348Dr. Ashok DhamijaAdvocateThe question is too vague and general in nature. It is not clarified for what purpose the newspaper report is to be adduced in evidence. Its admissibility will depend on various aspects. For example, if it relates to some oral evidence, a newspaper report may perhaps be hit by Section 60 of the Evidence Act, being hearsay evidence.
If you want to prove it as a document, you may produce the original copy of the newspaper.
In some situations, it may be necessary to examine the press reporter concerned as a witness.
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 DhamijaAdvocateThough it is difficult to advise you on facts of the case without actually going through all records, in general, in addition to the marriage invitation card, the marriage may also be proved by (1) marriage place booking; (2) marriage albums; (3) persons who have witnessed the marriage; (4) bridegroom and bride living together after the marriage; (5) marriage registration certificate; etc.
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 a forged document has been filed before the National Company Law Tribunal, it may amount to the offence of perjury. This Tribunal has the power to conduct inquiry under Section 340 Cr.P.C. into the same and make a complaint to the criminal court having jurisdiction to try such offence of perjury. So, you may try that route in consultation with your lawyer (since you already have a lawyer and it is his duty to guide you in this regard).
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 DhamijaAdvocateI have already replied to a similar question recently which may be seen at the link: What is the difference between FIR and private complaint?
You may also see: What is meant by private complaint in Cr.P.C.
In police case (based on FIR), the expenses of the investigation and trial are incurred by the Government. In a private complaint, you have to meet the expenses on your own.
Generally, in the case of a private complaint case, it may be necessary for the complainant to remain present in court when the case is listed, but the court may exempt his personal appearance if he is represented by an advocate.
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 DhamijaAdvocateThis forum is for asking questions relating to law. It is not for passing value judgements against any particular individual or category of persons. One. Fails to understand why police officers cannot speak a language other than English. Please do not misuse this forum for expressing such views instead of asking questions relating to law.
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.
July 13, 2017 at 7:25 pm in reply to: Can revisional court rectify errors of judgement of lower court in maintenance? #2331Dr. Ashok DhamijaAdvocateYes, the court exercising the powers of revision in such matter can correct such errors in the order of maintenance. It can modify or alter the maintenance amount if justified.
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 DhamijaAdvocateYes, there is no time limit for the court to take cognizance of an offence if the punishment for that offence is more than 3 years.
In such cases, the court will not refuse to consider such case as time-barred since, as mentioned above, there is no limitation period prescribed under law.
However, if there an abnormal delay in filing the FIR / complaint, while such case will not be time-barred, the credibility of the FIR will go down substantially, and the court may consider the complaint as being a premeditated and planned one.
Also see the reply: Condonation of Delay.
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.
July 13, 2017 at 6:58 pm in reply to: Any specific format for loan agreement? Can I charge interest on friendly loan? #2329Dr. Ashok DhamijaAdvocateThere is no specific format for a loan agreement. In fact, it is not even mandatory that every loan agreement must be in writing. Many small / friendly loan transactions take place without any written agreement. Even where a written agreement is executed, there is no specific format. You can reduce into writing all details of the loan, including (1) date and time of giving loan; (2) mode of giving such as by cheque, etc. (3) details of cheque, etc., (4) name and addresses of parties to the agreement; (5) term of the loan and how and when it is repayable; (6) interest, if any; (7) security, if any, for the loan; (8) details of witnesses, if any; (9) place of giving loan, etc. and all other relevant details.
You may get several sample formats for loan agreements on the Internet. Just Google it.
Yes, you can charge interest on a friendly loan given by you and in fact, it depends on you. There is no legal bar in this regard.
Please also note that under the provisions of the Income Tax Act, a loan of an amount exceeding Rs. 20,000 (twenty thousand) cannot be given in cash and similarly repayment of loan in cash above this monetary limit is also not permitted under law. So, loan (and its subsequent repayment) above this should be only through account payee cheque or bank draft or online transfer through bank, etc.
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.
July 13, 2017 at 6:48 pm in reply to: Is it mandatory to engage advocate for arbitration proceedings? #2328Dr. Ashok DhamijaAdvocateIt is not mandatory to engage a lawyer for conducting the arbitration proceedings before the arbitrator or arbitral tribunal. Arbitration proceedings are generally not too technically involved, except in cases where high stakes are involved and/or complicated issues are involved.
While it is not necessary under law to hire an advocate for the arbitration proceeding, in certain complicated cases or high stakes cases, it may perhaps be advisable for your own benefit.
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 DhamijaAdvocateThis is an academic question. How are you connected with Bina Ramani case? We are trying to help people with genuine legal difficulties, but not for cases where the querist is not even remotely connected.
As regards another part of your question relating to delay in charge sheet, I have recently replied a similar question in delay in chargesheet. Please go through it.
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.
July 13, 2017 at 1:47 pm in reply to: Is it mandatory to register under GST if turnover less than Rs. Twenty Lakh? #2324Dr. Ashok DhamijaAdvocateSection 22(1) of the Central Goods and Services Tax Act, 2017, lays down as under:
“22. (1) Every supplier shall be liable to be registered under this Act in the State or Union territory, other than special category States, from where he makes a taxable supply of goods or services or both, if his aggregate turnover in a financial year exceeds twenty lakh rupees:
Provided that where such person makes taxable supplies of goods or services or both from any of the special category States, he shall be liable to be registered if his aggregate turnover in a financial year exceeds ten lakh rupees.”
As per Explanation to Section 22, the expression “special category States” shall mean the States as specified in sub-clause (g) of clause (4) of article 279A of the Constitution.
As per this, the list of these special category states is Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand.
Therefore, if you are in a state other than these special category states, and if your annual turnover is up to Rs. 20 lakh, then there is no need for registration for GST (Goods and Services Tax), since GST is exempted in such 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.
July 13, 2017 at 12:52 pm in reply to: Delay in filing of annual accounts and balance sheet of a company #2323Dr. Ashok DhamijaAdvocateAs per Section 403(1) of the Companies Act, 2013, any document, required to be submitted, filed, registered or recorded, shall be submitted, filed, etc., within the time specified in the relevant provision on payment of such fee as may be prescribed.
It is pertinent to point out that as per Section 92(4) of the Companies Act, every company shall file with the Registrar a copy of the annual return, within 60 days from the date on which the annual general meeting is held or where no annual general meeting is held in any year within sixty days from the date on which the annual general meeting should have been held together with the statement specifying the reasons for not holding the annual general meeting, with such fees or additional fees as may be prescribed, within the time as specified, under Section 403.
Proviso to Section 403(1) provides that any document, etc., may be submitted, filed, after the time specified in relevant provision for such submission, within a period of 270 (two hundred and seventy days) from the date by which it should have been submitted, on payment of such additional fee as may be prescribed.
Second Proviso to Section 403(1) lays down that any such document may, without prejudice to any other legal action or liability under the Act, be also submitted, filed, registered or recorded, after the above mentioned period of 270 days on payment of fee and additional fee specified under this section.
Section 403(2) of the Companies Act, 2013, lays down that where a company fails or commits any default to submit or file any document under sub-section (1) before the expiry of the period of 270 days specified in the first proviso to that sub-section with additional fee, the company and the officers of the company who are in default, shall, without prejudice to the liability for payment of fee and additional fee, be liable for the penalty or punishment provided under the Act for such failure or default.
As per the provisions of Section 92(5) of the Companies Act, if a company fails to file its annual return, before the expiry of the period specified under Section 403 with additional fee, the company shall be punishable with fine which shall not be less than Rs. 50,000 (fifty thousand rupees) but which may extend to Rs. 5,00,000 (five lakh rupees) and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both.
Likewise, Section 137(3) of the Companies Act, lays down that if a company fails to file the copy of the financial statements, before the expiry of the period specified in Section 403, the company shall be punishable with fine of one thousand rupees for every day during which the failure continues but which shall not be more than ten lakh rupees, and the managing director and the Chief Financial Officer of the company, if any, and, in the absence of the managing director and the Chief Financial Officer, any other director who is charged by the Board with the responsibility of complying with the provisions of this section, and, in the absence of any such director, all the directors of the company, shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both.
Yes, Section 460(b) provides for condonation of delay in filing a document, by laying down that where any document required to be filed with the Registrar under any provision of this Act is not filed within the time specified therein, the Central Government may, for reasons to be recorded in writing, condone the delay.
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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