What is the limitation of criminal appeal against the order of acquittal? If a victim files a criminal appeal under section 372 (provided) against acquittal before the court of session then what will be the limitation period for this?
Under Section 378(5) of the code of criminal procedure 1973, there is a period of limitation prescribed for appeal against acquittal. If the complainant is a private person then a period of limitation is 60 days from the date of order of acquittal.
The proviso of Section 372 does prescribe the right to appeal by victim in case of acquittal or lesser punishment. It does not provide a period of limitation. Hence in respect of limitation the provision of Section 378(5) shall apply.
If there is any sufficient cause for the delay then you can request the court to condone the delay. Move an application under Section 5 of the Limitation Act for the condonation of delay.
No EPF contribution by startup. I switched job in 2018 from a MNC to a startup with 20+ employees. The startup is not contributing to the EPF. At the time of joining they said I could opt out (basic salary 15k+) of it and I agreed and completed the formalities. I am joining a new company now and they are asking for my PF statement. I do not have one but I do have a UAN number.
Is there a legal infirmity from my end in this case? Can my new employment be terminated on this ground? Can we opt out of EPF when joining a new company? I am confused because some people say we can while others say we can not. Please guide me on how to proceed with the new company.
It was mandatory for your company to contribute to the provident fund. You had been getting a salary of more than fifteen thousand hence, the provision of employee provident fund scheme was applicable.
Provident fund contribution is mandatory if an employee (labour) is receiving a basic salary above six thousand five hundred rupees per month and he is employed in an organisation having more than twenty employees.
Your current company (employer) cannot fire you on the ground of not having an EPF account. In this condition, you should open your EPF account. The current employer will contribute to your EPF account. The loss you suffer is to not get benefits when you were employed in the previous company. However, you can claim contribution from your old company by filing a complaint before the assistant provident fund commissioner of Employees Provident Fund Organization (EPFO).
Government has withhold pension in lieu of criminal proceedings . A central government employee retired in 2001 and criminal proceedings initiated in 2007. He is being convicted in 2022. Is Presidential sanction necessary under rule 9 of CCA Conduct Rule to withhold his pension or any other rule applicable in this case. Please clarify.
If the criminal proceeding was initiated after obtaining proper sanction then upon your conviction the government can withhold your pension and other retirement benefits. If there is any defect in the commencement of criminal proceedings, after your retirement, then you can challenge the veracity of proceeding before the High Court.
Conviction in criminal proceedings further strengthened the case of the government. In this scenario until you acquit in the criminal case you cannot claim release of pension. Criminal and departmental proceedings stand on different footings. However, After being acquittal you can claim your pension. Government has withhold pension in lieu of criminal proceedings
But the government is not bound to release a pension if it finds that your conduct is bad as per The Central Civil Services (Conduct) Rules, 1964. In this condition you should also challenge the legality of departmental proceedings. If the court declares that proceeding was illegal or faulty then you will become entitled to get pension and release all retirement benefits.
My mother purchased a piece of plot in 1990. Wrong gata number was written on my mother’s plot. After the execution of the sale deed a later Titimba was written by saler. Seller requested to amend the gatha sankhya, but during that period 1992-1994 dakhil kharij was done. And my mother's name in bhulekh is reflected with wrong gatha sankhya. Please guide me what to do? There is no construction on the land. It is an agricultural land and given to a villager for doing agricultural work thereon. No one claiming any right on that land.
I am living in out of Uttar Pradesh hence, it is not possible for me to correct the discrepancy. Kindly suggest any advocate in Lucknow district who can do this work. I am very grateful to you if you arrange an advocate. That land is a joint property and we want to sell it to a businessman. But due to impediment he is refusing to purchase that land. Due to unawareness of land laws and procedure for correction we are facing this problem. If possible please arrange an advocate to assist me when I come to Lucknow.
You should move an application to the Tehsildar for correction of the wrong gata number in the land revenue record (Khatauni). You may apply for demarcation of land under Section 24 of the Land Revenue Code 2006. During the demarcation proceeding the Lekhpal will prepare a report about the area of land along with its gata number.
Lekhpal shall mark the land according to the map. If the map is reflecting the correct gata number then he shall write in his report that the wrong gata number has been mentioned in khatauni. His report shall form the basis of correction in the khatauni. Thereafter, you may easily get corrections.
Can any person forge my flat Sale Deed just by knowing the flat number and address. Can someone who knows my flat number and address, not having details of my property paper's, can make a forged document. Try to sell my flat by applying for a Certified Copy (not having any Xerox papers of my flat) just flat number name of owner and address, and not knowing the date of registration of my flat) , is such fraud possible?
A forged document is forged one irrespective of the fact that the maker of the document actually knew the facts of the original document. If you have information that a person has forged your property papers then you should immediately lodge an FIR against that person.
Forgery is a cognisable offence therefore, you have the right to lodge an FIR. If the police officer finds that there is prima facie evidence that forgery (making forge sale deed) has been committed then he shall initiate the investigation. The investigating officer shall arrest the accused and collect all the evidence.
Stepmother claiming share in ancestral property. My father married another woman after my mother expired when I was 3 years old and my sister 5 years old. Later on even my father expired when I was 10 years old. My stepmother got a partition from my dad's brother and she entitled her name also in the partition deed now I'm 27 years old.
Now my stepmother claims she is entitled for half of the property and the other half is for me and my sister. This property is my ancestral property which was partitioned after my dad's death between my dad's brother and my stepmother and us. So what share does my stepmother get in property according to law.
It seems from your question that your stepmother is childless. She has no child from your father. The second marriage of your father is valid hence, your stepmother is the legally wedded wife of your father. But she has no right in her husband’s ancestral property.
Section 6 of the Hindu Succession Act envisaged that when a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary.
Only surviving coparceners are entitled to get share in the ancestral property by survivorship. Your stepmother is not a coparcener hence, she is not entitled to get share in ancestral property of her husband. Your father died intestate. Hence, ancestral property shall devolve by survivorship.
As per the rule of survivorship only your sister and you are coparceners. Therefore, the property shall devolve upon your sister and you only. In Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1 the Supreme Court has held that a daughter is a coparcener irrespective of the fact that she was alive or not when Section 6 of Hindu Succession Act was amended.
Thus in your case, the ancestral property shall devolve on daughters only and the widow has no right to get share in the ancestral property of her husband. Your stepmother’s claim of 50% share in the ancestral property is illegal. You should file a civil suit for cancellation of partition deed and declaration of your right in the ancestral property. Stepmother wrongly claiming share in ancestral property. Stepmother cannot take possession over the property.
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I got married on 3rd march 2020. I have a one year old baby boy. My husband is an alcoholic smoker, drug abuser, ganja addict. He is always there in fights, he even has a sword and gun, he beats me and even has extramarital affairs. Now I have left his house for 2 months. My question is that I have done my MTech in structural engg. But I'm not working right now due to my baby. So will my husband get baby boy custody.
Your husband is a drug addict and alcoholic person. If he has any woman in his family like mother or sister, who is living with him then he can get custody of the child. In absence of any female member in the home it would be impossible that the court may grant custody of his child.
The guardian and wards act compels the district court to determine who is fit for the custody. The welfare of the child is the foremost purpose thereof, the court can grant custody. If the court finds that the father's house is fit for his overall care and welfare then your husband may get custody. Otherwise not.
My minor son sent messages to my husband about my affair. He sent a message to my husband that I have an affair but later he realised and asked sorry, but husband using that message in court to prove I have affair what to do?
I think there is a divorce case in which your husband wants to use those messages. First of all, you had not sent those messages. Hence, the court shall not take it into account because it is not an admission from the party to suit.
Those messages are however relevant evidence but they are not admissible under the Indian Evidence Act. Your minor son would not admit in the court that those messages are true. Because he has no evidence to prove that they were true. It might be a tactic of your husband to create some evidence against you through inducing the son.
Whenever your husband produces that evidence before the court, you should oppose it. The court shall not admit that evidence because it was not your admission. No need to worry.
I am building my house. Finally the work is going to be completed. Now I want to plaster my wall, the single wall of mine & neighbour. He is not allowed to do plaster. He threatens the builder that I will file a complaint against you if you do plaster. I already told him while doing the plaster that it's my responsibility if anything happens to our place and will remake it and give it to you. Still he is not convinced. Now what action should I take? I know he has no rights to stop the construction, but I still need guidance on how to take action against him.
You should lodge a non-cognisable report to the nearest police station under Section 155 of the code of criminal procedure that your neighbour is obstructing in plastering on my wall. The police officer after receiving your information can stop your neighbour to create any hindrance in plastering on your wall or send a report to the Magistrate to take a bond from your neighbour.
If the Magistrate thinks that this incident can breach the peace and public tranquillity then he may take action against your neighbour under Section 107 & 116 crpc. You have a right to do plaster work on your wall hence, the Magistrate may take a bond from your neighbour to maintain peace and refrain from causing any kind of hindrance in your property. This is the swiftest process through which you can complete your construction work peacefully.
You can also file a civil suit for the permanent injunction and prevent your neighbour from interfering in the peaceful enjoyment of your property. But the civil suit may take much more time than the criminal proceeding.
