Dr. Ashok Dhamija
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July 13, 2017 at 9:20 am in reply to: Can civil suit and consumer complaint be filed simultaneously in same matter? #2309
Dr. Ashok DhamijaAdvocateSection 3 of the Consumer Protection Act, 1986, provides that the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.
In the case of State of Karnataka v. Vishwabharathi House Building Coop. Society, (2003) 2 SCC 412, a 3-judge bench of the Supreme Court has held as under:
“46. By reason of the provisions of Section 3 of the Act, it is evident that remedies provided thereunder are not in derogation of those provided under other laws. The said Act supplements and not supplants the jurisdiction of the civil courts or other statutory authorities.
“47. The said Act provides for a further safeguard to the effect that in the event a complaint involves complicated issues requiring recording of evidence of experts, the complainant would be at liberty to approach the civil court for appropriate relief. The right of the consumer to approach the civil court for necessary relief has, therefore, been provided under the Act itself.
“48. The provisions of the said Act are required to be interpreted as broadly as possible. It has jurisdiction to entertain a complaint despite the fact that other forums/courts would also have jurisdiction to adjudicate upon the lis. …”
In the above case, the Supreme Court further observed that:
“…Furthermore, primarily the jurisdiction of the forums/Commissions is to grant damages. In the event, a complainant feels that he will have a better and effective remedy in a civil court as he may have to seek for an order of injunction, he indisputably may file a suit in an appropriate civil court or may take recourse to some other remedies as provided for in other statutes.”
From the above, it should be clear that the Consumer Protection Act does not bar a civil suit in the same matter. The Supreme Court has affirmed the above legal position, and in fact, there are certain other judgments of the Supreme Court in this regard.
At the same time, duplicity of proceedings taking place simultaneously need to be avoided, if they are for exactly the same or similar relief. So, ultimately, the answer will depend upon the facts and circumstances of each 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 DhamijaAdvocateI have recently replied to a very similar query with surprisingly similar facts. Please see that reply at: Rejection of appeal against the order of punishment.
That reply should cover your question.
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 DhamijaAdvocateGenerally a subsequent will is considered to have superseded the previous will. However, if there are two wills of the same person but relating to different properties, both of them may be valid, subject to general requirements of a will being valid.
There are many grounds on which a will can be challenged, but it will generally depend upon the facts of each case. Ask your lawyer by showing your documents in detail.
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 file the case at Bhopal itself. This is because as required under Section 20 of the Civil Procedure Code (CPC), a part of the cause of action has taken place at Bhopal. Secondly, the respondent company is deemed to be carrying on its business at Bhopal also, since it has a branch office in Bhopal and in view of Explanation to Section 20 CPC, which says that “A corporation shall be deemed to carry on business at its sole or principal office in India or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place”.
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 12, 2017 at 9:34 pm in reply to: Motor vehicle accident compensation claim when accused vehicle not insured #2303Dr. Ashok DhamijaAdvocateYou may have to file your claim in the Motor Accident Claims Tribunal (MACT) against the owner of the tractor (or whatever be the name of the vehicle), irrespective of whether or not he is capable of paying the compensation. Do not go by what the police says. Whether or not he is capable of paying compensation will be decided later on by the MACT and the subsequent proceedings to recover the compensation, if any. Why do you want to presume it at the beginning itself?
Secondly, you should also make the State Government a respondent in your claim. It was the duty of the State Government (through its officers such as RTO) to seize such illegal vehicles which are not even passed for running on public roads, as you have mentioned. Further, it was the duty of the State Government to ensure that a vehicle, which does not have a statutory insurance policy mandatorily required under the Motor Vehicle Act, should not be allowed to run on public roads. The State Government has failed to do its duty in this regard. It needs to be made to pay part or full compensation on account of its failure. At least, you should try that.
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 12, 2017 at 9:01 pm in reply to: Husband having done second marriage despite stay on divorce decree by high court #2302Dr. Ashok DhamijaAdvocateIn the facts stated by you, there may be three legal consequences:
- Firstly, the second marriage of your husband may be invalid under law.
- Secondly, it may amount to contempt of court, if he wilfully disobeyed the court orders.
- Thirdly, it may be an offence under Section 494 of the IPC (Marrying again during lifetime of husband or wife).
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 DhamijaAdvocateOn the basis of the limited facts known to me from your question, I do not think there may be a need to challenge the will on the ground that it conceals certain (or all) immovable properties. A will is valid or relevant only in respect of the properties which are mentioned therein. You have said that nothing is mentioned in residuary clause also. So, this would imply that whatever other properties are there which are not mentioned in the will are not governed by this will and that such other properties may be governed by the intestate succession (or may be by any other valid will etc., if subsequent, or by codicil, if any).
It appears that you are asking question in respect of your wife and the will in question was purportedly prepared by her father (you are claiming it to be forged). So, if certain properties are to be governed by the intestate succession, then your wife may be entitled to share in property. Even if such other properties are coparcenary properties and if her father died after 09.09.2005, then also she may be having equal right in such property even as a daughter.
Why don’t you show your documents in detail to some lawyer and obtain detailed professional opinion? An opinion given without seeing full documents can only be on general propositions of 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 12, 2017 at 6:47 pm in reply to: Appeal against Central Information Commission order on RTI reply? #2299Dr. Ashok DhamijaAdvocateThere is no statutory appeal provided under the Right to Information Act against the order of the Central Information Commission.
However, if needed, you may file a writ petition under Article 226 of the Constitution to the High Court against such order of the Central Information Commission. Thereafter, if needed, you may file a Special Leave Petition (SLP) before the Supreme Court, against the decision of the High Court.
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 DhamijaAdvocateThe questions asked by you are mostly answered in the following replies given previously by me to similar questions:
- When can preliminary enquiry be conducted before FIR registration by police?
- Difference between a criminal complaint filed under section 200 and 190 of Cr.P.C.
Please read them. With regard to another part of your question, the Magistrate may refuse to direct investigation by police under Section 156(3) of Cr.P.C. if he finds that no cognizable offence is made out or if he wants to proceed directly with your complaint as private complaint under Section 190 Cr.P.C. by taking cognizance of it. In case of complete refusal, you have the option to challenge it before the high court under Section 482 of the Cr.P.C. In case the magistrate agrees to take cognizance under Section 190 Cr.P.C. [but refuses under Section 156(3)], that should be alright and you may proceed with it as a private complaint through your 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 DhamijaAdvocateI have not come across any such Supreme Court judgment. Moreover, as I have pointed out in a recent reply (Period of Limitation) while Section 15(5) of the Limitation Act provides for excluding from the period of limitation for any suit the time during which the defendant has been absent from India, there is no similar provision for exclusion of the period during which the plaintiff or the complainant has been absent from India.
That said, while period spent by the plaintiff / complainant abroad may not be eligible for being excluded from the period of limitation, it may be still relevant for explaining the delay and for being considered for condoning the delay. So, if the visit abroad was for some urgent / unavoidable reasons, and it was not any luxury visit or for any unnecessary purpose, then you may definitely cite the ground of your being out of India on some important work as the reason for delay. The court may generally accept such explanation and may condone the genuine delay caused by the complainant / plaintiff being out of India for some unavoidable and important work, provided it has the power to condone the delay for that type of proceedings.
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 DhamijaAdvocateWill try to ask someone known to find out names of some good lawyers in Chandigarh. If I am able to do so, will inform you.
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 DhamijaAdvocatePlease read my following article in which I have explained the different stages in the procedure followed for a criminal case after a complaint is given to the police station: What are different stages in procedure followed in criminal cases?
This should answer your question.
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 11, 2017 at 8:55 pm in reply to: Accused getting released on bail by fake surety – can bail be cancelled? #2287Dr. Ashok DhamijaAdvocateSection 441(4) of the Criminal Procedure Code specifically provides that: “For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an inquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.”
Therefore, every surety is required to be fit and sufficient and an affidavit may be required for this purpose. The court may even conduct an inquiry as to the sufficiency or fitness of the surety. Accordingly, any false claim made by the surety or any false or forged document submitted by the surety is a serious matter.
Further, Section 443 of the Cr.P.C. lays down that: “If, through mistake, fraud, or otherwise, insufficient sureties have been accepted, or if they afterwards, become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do, may commit him to jail.”
Therefore, if the surety is fake or if he submits any forged documents for standing as surety, the Court may get the accused person arrested and send him to jail.
Deliberate and intentional submission of a fake surety or submission of a forged document for the purposes of surety may lead to cancellation of bail and also to registration of an offence of perjury (of submitting false affidavit, etc.) against the accused and surety, whosoever is responsible.
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 11, 2017 at 8:44 pm in reply to: Will extra-ordinary leave without pay affect my service seniority? #2286Dr. Ashok DhamijaAdvocateI have not come across any rule or guideline that says that the seniority of a government servant may be adversely affected by grant of extraordinary leave without pay.
However, Rule 25(2) of the Central Civil Services (Leave) Rules, 1972, provides that wilful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action. Therefore, if the extraordinary leave has been on account of wilful absence, the authority concerned may initiate departmental action, which may directly or indirectly come in the way of the promotion or may be even in the way of the continuation of the service itself if the absence from duty is abnormally long.
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 11, 2017 at 8:30 pm in reply to: One party modifying agreement subsequently without consent of other party #2285Dr. Ashok DhamijaAdvocateAn agreement is what is agreed to between two or more parties. A unilateral modification by one party to the agreement, made subsequent to the execution of the agreement, does not bind the other party. What is binding is only what has been agreed to by both the parties. You have also mentioned that the second party and the witnesses have not put their signatures to certify the handwritten changes made to the initially agreed MOU. So, the modification will be invalid and of no effect in law.
Secondly, if this subsequent modification has been made with a dishonest or fraudulent intention with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property (as is described in Sections 463 and 464 of IPC), then such modification to a previously existing MOU may even amount to the offence of forgery. Depending upon details facts of your case, i.e., if such dishonest intention is also clear, you may file a complaint with the police or the court, as the case may be.
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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