[Dr. Ashok Dhamija]

It is not clear from your question as to what is your locus-standi in the issue, though it appears that you are the complainant in the case or may be having a public interest.

You can request the concerned authority to take action in the matter. You can complain to the higher authorities too. Depending on facts of the case, it may perhaps be also possible to file a writ petition under Article 226 of the Constitution before the high court to seek appropriate directions to the authority 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 Dhamija]

Converting an old signed stamp paper to a new contract may amount to forgery, depending on facts of the case. Changing a document in this manner in a dishonest or fraudulent manner may come within the definition of “Making a false document” under Section 464 of the IPC, which may amount to forgery, depending on detailed facts of the 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 Dhamija]

As I have explained in one of my previous answers, pension and family pension are charged for income tax under different heads of income.

While pension is charged under the “salary” head, the family pension is charged under the “income from other sources” head.

This implies that if you are receiving regular service pension, as well as family pension, then their computation will be done separately under different heads.

Computation of deduction is permissible under these two heads separately. Maximum of ₹ 40,000 for salary head (which includes pension) under Section 16 of the Income Tax Act. And, a maximum of ₹ 15,000 for family pension under Section 57(ii-a) of the Income Tax Act.

Therefore, in my considered opinion, it should be possible to claim the benefit of both two deductions, from regular service pension and family pension respectively, if you are getting these two pensions.

     

---

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]

Different courts have different systems. There are many courts, nowadays, where dates are being allotted by the computer system if no specific date was given by the court itself. Even in Supreme Court, dates are allotted by the computer system.

Even otherwise, if no specific date was given on the last date and it was shown to be in due course, then ultimately some specific date has to be shown, and it is generally done on the computer. There is nothing unusual in that. It is the duty of the advocate concerned to keep checking the next date periodically.

     

---

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 depends on the relevant pension rules applicable to the organisation concerned. Every government / organisation may have its own separate pension rules. You have to check the relevant rules applicable to the organisation concerned, i.e., electricity board in Bihar where you father was working.

For example, for the central government employees, in the case of an unmarried son, family pension may be payable (if eligible) until he attains the age of 25 years or until he gets married or until he starts earning his livelihood, whichever is the earliest.

You have to check your rules.

Moreover, it is not clear from your question whether the service of your father was pensionable. Is he considered as retired? Has he been considered as dead, since family pension is payable only if the employee himself is dead? You said that your father is untraceable since 1996. So, what happened after that? Sometimes, in such cases, the employee concerned is removed / dismissed from service on the ground that he is absent from duties, in which case pension may not be payable depending on the rules of the organisation.

For 22 years, it appears that you have not taken any action. Consult some local expert with full facts and relevant rules.

     

---

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 appears to be a self-contradiction in the facts mentioned by you.

You want to retire all the existing partners of a firm and want to include only your own name to the partnership firm. If this be the case, you’ll be the only single person as a partner. But, a partnership firm requires at least two persons to constitute a partnership firm.

Therefore, after you take the action of retiring all existing partners and adding your own name only to the firm, it will not remain a partnership firm. It will become a proprietary concern. Its legal character changes. In such situation, you may have to get the transfer of property registered along with payment of stamp duty, etc.

But, suppose, the partnership firm continues to exist and two or more new partners replace the existing partners; and the name and legal status of that partnership firm continues to be valid, then, in that situation, the implications may be different. In such situation, if some property was registered in the name of the partnership firm (and NOT in the name of individual partners, whether jointly or singly or along with the name of the firm) and if that partnership firm gets new partners but yet it continues to be a partnership firm with the same name of the firm, then, in my considered opinion, there may not be a need to transfer the property and there may not be a need to pay stamp duty for transfer of property. This is so because the partnership firm continues to exist in the same name and the property also still continues to be in the name of the same partnership firm; it is just that the firm has got some new partners with retirement of existing partners.

This is generally what happens in the case of companies too, as far as I understand. Change of shareholders of a company does not mean that the property existing in the name of that company has to be registered again.

     

---

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]

When there are multiple creditors (including secured and unsecured) and the property is sold, then the priority of repayment to the creditors is decided by the relevant legal provisions.

Ideally speaking, when the bank wanted to auction the assets of the opposite party, you should have gone to the appropriate court or tribunal seeking stay over the same or ensuring that your interests were protected. When such huge interests are involved, you cannot afford to be not aware of the developments. You have to be alert. Law presumes you to be alert to the situation and the developments.

In the given situation, if the bank has already sold the assets, you’ll have to get the relevant legal provisions and documents examined. Check whether your dues had a higher priority over the bank’s dues. Consult some local lawyer by showing him all relevant documents, etc., as your stakes are not meagre. And, if necessary, after consulting with your lawyer, you may have to approach the appropriate court / tribunal for seeking remedy. An accurate and correct guidance in such matter can be given only by a lawyer who has gone through all relevant documents and legal provisions that may be applicable in your 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 Dhamija]

While passing the order, the high court might not have been aware of the fact that you are already on bail in the same case on the orders of the lower court. You should have brought this fact to the knowledge of the high court when it passed the order.

Anyway, you can try to get the high court order modified, as there appears to be an error apparent on record, by bringing the correct facts to its notice. Usually, the high court may modify the order if the correct facts are made known to it and if there was an error in its 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 Dhamija]

Burden of proof lies on the prosecution. If there are defects in the investigation, such as the mobile number does not belong to you whereas it is wrongly shown to be yours, then this fact will help you during trial. Whether or not the complainant (your wife) is the owner of the mobile phone that is mentioned in the case to be hers, has also to be proved in trial by the prosecution.

So you can show all these defects in the evidence during trial and it may benefit you.

And, if you feel that (you can take help of some local lawyer by showing him all relevant documents / evidence) there is not even a prima facie evidence in the case to charge you with the offences, then you can even consider filing an application for discharge.

     

---

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 a cognizable offence (such as under Section 420 IPC), it is always better to give report to the police under Section 154 Cr.P.C. and get the FIR registered. Whatever evidence you have can be given to the police. The police can make a thorough investigation. There are certain things in the investigation which can only be done by police or can be done in a better manner by police, such as obtaining handwriting examiner’s report, arresting accused, conducting searches, seizing documents, examining witnesses, etc. It may not be possible for you to do most of these things as a private complainant. Moreover, in case of FIR, after charge sheet, the prosecution will also be carried out by the public prosecutor, at no expense or inconvenience to you; and it will be easier for police to ensure presence of witnesses during trial.

If you file a private complaint with the magistrate court directly, instead of filing the FIR with police, then it will be your responsibility to collect all necessary evidence, produce such evidence in court, ensure presence of your witnesses, prove the case, etc. Of course, you can engage a private lawyer to do some of these things. But, all of this will be at your expense. Moreover, you will be expected to remain present in court on all dates, unless the court exempts your personal appearances.

Sometimes, even if you file a private complaint directly in court, the court may still direct an investigation by police under Section 202 Cr.P.C. or may ask you to file FIR with police. But, even if you insist that you want to pursue the private complaint yourself and the court agrees, the full burden will be on you to prove the case. So, it is for you to decide, but generally FIR is preferable.

     

---

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]

Every organisation may have its own separate rules for following the sealed cover procedure for withholding promotion. You may have to check the relevant guidelines for sealed cover applicable in your bank.

However, generally speaking, guidelines relating to sealed cover procedure are mostly similar for most governments and government organisations. For example, for the IAS officers, the sealed cover procedure is laid down in No. 20011/4/92-AIS-II dated 28.03.2000 of the Government of India. Relevant portion of these guidelines relating to “Sealed Cover Procedure” is reproduced as under:

“11.1 At the time of consideration of the cases of officers for promotion, details of such officers in the zone of consideration falling under the following categories should be specifically brought to the notice of the concerned Screening Committees:-

(a) Officers under suspension;

(b) Officers in respect of whom a charge-sheet has been issued and disciplinary proceedings are pending;

(c) Officers in respect of whom prosecution for criminal charge is pending.”

Therefore, for an IAS officer, the sealed cover procedure is used only in the above 3 situations.

You can check your own bank guidelines with regard to sealed cover procedure, and find out that whether any of these situations is applicable in your case.

The nature of penalty to be imposed (whether major penalty or minor penalty or no penalty) will depend on the facts of each case and there is a lot of discretion vested in the competent authority. So, it depends on the decision of the authority. I may tell you something, but the authority may decide something else. There is no hard and fast rule in such situations. But, generally, if there is only NPA and no fraud took place in loan sanction and disbursement, and the car and customer both are present, then in such a case, it may not be a case of major penalty. However, as I said above, it is the decision of the competent authority.

     

---

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 has to be a stay order on the repayment of the education loan from the court. So, if the court grants stay on this repayment, you need not pay the repayment till there is stay. Otherwise, you may have to make repayments.

Second option is if your consumer case is itself completed before the date when the repayment of loan starts and the consumer court decides the case in your favour in such a way that it restrains the bank from collecting repayments or grants you equivalent compensation, 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 Dhamija]

Section 3 of the Consumer Protection Act lays down 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.

This implies that if some offence is also committed in a case in addition to the consumer complaint, then such offence can also be registered in addition to the consumer complaint. Of course, it all depends on the facts of each case as to whether both these cases can be made out in an individual matter. But, law permits both these actions, wherever facts support that, and this is the intention of Section 3 of the said Act.

At the same time, let me point out that the criminal case cannot be filed in the consumer forum. You have mentioned that you have filed “a criminal petition under section 420 IPC on opposite party(Z) and also other accused persons called (Y & X) in same consumer forum”. Such criminal complaint can be filed either in the police station or in the Magistrate court, but it cannot be filed in the consumer forum. May be, perhaps, from this point of view the clerk might have told you that the criminal petition would be rejected.

     

---

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]

Your question is quite vague and unclear. Perhaps you want to know if there are 9 successors to a property (I am presuming under Hindu Law), including 2 brothers and 7 sisters, then how should the sale proceeds of the property be distributed.

Presuming this to be your question, and also presuming that these are the only 9 successors, then the property shall be distributed under the provisions of Section 8 or Section 15 of the Hindu Succession Act, depending on whether this property was that of a Hindu male or a Hindu female.

The property will be divided into 9 equal shares, with each brother and each sister taking one equal part each.

     

---

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]

This appears to be an academic question, which we don’t reply on this Forum.

Anyway, if FIR is registered by police and after investigation, it is found that it discloses only a non-cognizable offence, then the police report (on the basis of the FIR) is considered as a (private) complaint and the police officer filing such report is treated as complainant. See Explanation to Section 2(d) of the Cr.P.C.

Also, if police has closed investigation and has submitted closure report under Section 173 Cr.P.C., then the complainant is given a chance to file his protest petition. In such a situation, some times, the complainant is given a chance to conduct the case as a private complaint case even though FIR was filed 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.

[Author]

Posts