Prosecution after retirement. Can a department prosecute to its employees after retirement for his Negligence to fulfil his duties? A departmental enquiry has been setup against me after my superannuation. I am afraid that my retirement benefits will be stopped.
You did not mention details about your employment and the year of retirement. Generally, every civil service rule has a limitation period for prosecution of the retired employee. If there is a delay of more than four years, you are entitled to prefer a petition before the appropriate Court or Tribunal for quashing of the preceding. The Supreme Court has stated in several judgements that the launch of prosecution after an inordinate delay is unlawful.
According to article 21 of the Constitution of India, every person has the right to get speedy justice. The prosecution is illegal if the government keeps the investigation pending or sanctions the inquiry after a long time of retirement. Generally, the court does quash the proceeding if it is launched after more then four years.
In State of Punjab v. Kailash Nath, (1989) 1 SCC 321 the supreme court held that departmental enquiry after four years of retirement is pervasive and liable to be quashed. If the employee is guilty of any offence punishable under the Indian penal code or the prevention of corruption act, then the above said limitation period would not apply.
Hence, if no criminal liability arising from the act committed during the service, then and the department cannot prosecute the employee. If that act constitutes criminal liability, then the department and the government have the liberty to prosecute. However, it is not clear whether any criminal liability accrued out of that negligence.
If not, then the prosecution is unlawful and you have the right to challenge it before proper forum. You can file a petition before the Central Administrative Tribunal if you are a Central Government employee. However, you can also move a petition before the high court under article 226 of the constitution of India.
Cheque bounce due to the closure of account. My friend has closed his bank account even he knew that he has already issued a cheque to me. Actually he does not want to repay borrowed money. I want to know whether cheque bounce case would be initiated against him for closing his band account to evade himself from payment of debt.
Your friend has committed an offence under section 138 of the Negotiable Instrument Act. Where you received information from the bank about dishonour of cheque, thereupon you should send a demand notice. You cannot initiate proceeding under the Negotiable Instrument Act unless and until you send a demand notice and he refused to pay the amount within 15 days.
It would be best if you did not sell his bike because he has not pledged his motorcycle to sell in default of payment. If you sell his motorcycle without his consent, then you will commit the offence of breach of Trust. Consequently, he can lodge FIR against you for the said offence. It would be right for you to proceed under the Negotiable Instrument Act because he has committed a crime under the NI Act.
You should immediately send a demand notice to pay the 28000 rupees. If your friend does not pay the amount within 15 days from the date of receipt of the notice, then you can file a complaint under section 138 of the Negotiable Instrument Act. You will have 30 days to file such a complaint because the negotiable instrument itself fixed a limitation for filing a complaint.
If you do not file the complaint within the time prescribed under the Negotiable Instrument Act, then you have to adduce evidence for such delay. However, the court has the power to condone the delay, but inordinate delay may take away your right to file a complaint.
Section 142 of the Negotiable Instrument Act provides sufficient punishment for the dishonour of cheque therefore, no need to sell his bike and commit an offence. You should refrain from doing such a thing and proceed legally under the Negotiable Instrument Act. You should not give him a chance to file a cross-case against you.
I was working in Pvt co.; the company has a contract with me for not sharing any information with other people. I have some data which prove IT tax evolution. Should company sue on my toward a Breach of Trust? What would face the problem? If you disclose that data to any other person, then the company can initiate legal proceeding against you. According to the terms and condition of the contract, you cannot share confidential information with another person. Every arrangement has a confidentiality clause because the company wants to keep its information secret.
Upon spreading the information a civil, as well as criminal proceeding, may be initiated against you. As per your question, the tax-related information is confidential so that you have to keep it secret. Section 73, 74 & 75 of the Indian Contract Act empowers the party to the contract to claim compensation for the breach of contract. When you disclose the information, it seems that you have breached the agreement thereupon another party to the agreement have the right to claim damages.
If the company incurs any loss due to the disclosure of such confidential information, then it can initiate criminal proceeding against you. The loss of reputation of the company due to the disclosure of such information is sufficient to launch criminal prosecution against you.
If that information leaks out apart from keeping all precautions, then no liability, either civil or criminal, will accrue against you. If you prove that there was a Bonafide mistake in leaking the information, then you can protect yourself. In order to establish a Bonafide mistake, you can adduce evidence that what kind of precautions you took for the safety of that information. If the court satisfies that the precautions were sufficient, then the court may exonerate you from all liabilities. Husband drove me away after eight years of marriage. We have a property in which I invested 80% and my jewellery. Also, there was domestic violence. I filed a police complaint. We adopted a baby girl, and they kept the baby. If I file a divorce case, will I get my jewellery and 80% of my share of the property? Cant take the responsibility of baby as I have medical issues. Also, I m staying alone doing my job. Please suggest. Yes, you can get your jewellery and share in the property. You said that you had paid 80% of the amount in the purchase of the property. Therefore you have the right to claim partition and separate your share. In addition to it, you can sell the property to the extent of 80%.
As far as your jewellery is concerned, it is your Stridhan and you are the absolute owner of it. Then you can claim to take back that jewellery anytime. Not necessary to wait until the order of divorce to get your jewellery from the custody of your husband. Your husband has no power to keep that jewellery in his charge.
You said that your husband had driven you away from the matrimonial home. So it proves that you have sufficient cause to live separate from your husband. If there is any ground exists, as mentioned in section 13 of the Hindu Marriage Act, then you can get a divorce.
You have adopted a baby girl because you cannot beget a child. According to the Hindu adoption and maintenance act, when a married woman adopts a child, consent of the husband is mandatory. If the adoption is valid, then you can claim maintenance for your child under section 125 of the code of criminal procedure.
You can claim the return of jewellery without waiting for the final order of divorce petition. You can also sell the property to the extent of your share without waiting for a divorce. It is your self-acquired property, and you are the owner of the 80% area. Therefore you have an absolute right to sell or segregate your property.My father received some ancestral property from my grandfather. The property is purely ancestral because my grandfather got it from his father. My father died in 1997 by leaving four sons and three daughters. I am the elder son of my father. I am an engineer and working with the NTPC.
After the death of my father, I somehow arranged the marriage of sisters. Now the sisters are claiming to share in the property which we received from the father. As per my knowledge about the share of a daughter in the ancestral property is that they are not entitled. Sir, please help us to provide proper advice on this matter. We will be grateful to you.
Your information is correct. The daughter had no rights in the ancestral property until The Hindu Succession (Amendment) Act, 2005 came into force. The said amendment act came in to force in the year 2005. The amendment Act provides equal rights to the daughter in ancestral property. Daughter will get share in ancestral property if her father is alive on the date of enforcement of Amendment Act.
The said amendment came into force on 20 September 2005 but your father died in 1997. Therefore, your sisters are not entitled to get the share in the ancestral property. The ancestral property always devolves to the coparcener. Before the amendment Act 2005 daughters were not regarded as coparcener. Therefore, ancestral property was not devolve upon daughters.
In Prakash & Ors. V. Phulavati & Ors., (2016) 1 SCC (Civ) 549, the Supreme Court has held that if father has died prior to 20-09-2005 his daughters would have no right in the ancestral property. In this leading judgment the Supreme Court has overruled the decision of Prakash vs Phulavati case. Therefore, this advise became infructuous. because daughter gets right in ancestral property by birth.
Also read: Whether daughter has right in ancestral by birth?
Before the amendment
Before the Amendment Act, there was the gender bias in terms of inheritance of ancestral property. Only son was the coparceners therefore, daughter could not get share in the ancestral property. The Amendment Act has removed the gender biasness and made the daughter a coparcener in Hindu undivided family (HUF). Hence she can claim her right in ancestral property equal to the share of son.
Your father died before the enforcement of the Amendment Act. Consequently, in the current scenario, if your sisters move a petition before the court for the partition of the property, it will not succeed.
In the meantime, you should secure your right in the property and avoid any future litigation. Thus you should file a declaratory suit. All the four sons will be the party in the declaratory suit. The court will declare your right and refrain your sister to interfere in the property.
After the amendment
There is some confusion among the daughters that they got an absolute right in the ancestral property. However, in reality, the law is specifically made it clear about the rights of the daughter. According to the Act 2005, daughter gets right if the father dies after the date of enforcement of the amendment act. This mandatory condition does not meet in your case. Hence, they have no right in the ancestral property.
My late mother (Hindu, d. 2013) has three surviving legal heirs – her widower husband (my father), her unmarried elder son (my brother), and myself (unmarried younger son); all Hindu. There’s a piece of non-agricultural land (meant for the house) registered in her name. Legal heir document is available in the name of us three.
Can we construct a residential house on it? Is the transfer of title of the land (mutation) mandatory before initiating construction? Who needs to apply for building plan approval before the civic authority among us three? In whose name Electricity, Water etc. connections need to be applied? House once constructed, in whose name will it be, who’ll be its owner.
It is not specified whether the land in question is your mother's stridhan or self-acquired property. However, as it is registered in her name and all of you are her legal heirs, it can be assumed that she is the absolute owner of the property.
Based on these facts, you are entitled to construct a house on the land. As it is non-agricultural land, there is no need to change the land use.
If your intention is to construct a house only, then you must first partition the land. After your mother's passing, all legal heirs have an equal right to the property. Therefore, partitioning the land among the legal heirs is mandatory.
Once the partition is complete, you should get the mutation of your portion of land done in your name. Mutation serves as evidence to prove possession of the property and grants you actual possession over the land. After the mutation, you can construct your house and are entitled to obtain a loan against it.
If the land falls under the jurisdiction of a development authority, their permission is mandatory. The development authority prepares a master plan and zonal development plan for the city and ensures that all development is carried out under these plans.
After the partition and mutation of land, you will become the absolute owner of your portion of land. Thereupon, you can proceed with the construction of your house without any hindrance.
Hello sir, I have booked a flat in Lucknow, the builder said that the time of booking that the project will accomplish in the year 2017. After taking faith upon him, I paid one lakh rupees as booking amount in the year 2015. When I visited the site in the year July 2018 for clarification that what development is going on, then I found that the property is still about to commence. Thereafter, I made some inquiry and found that the said land is a disputed property and a court case is pending in the district court. I said the builder to return my booking amount but he said it is impossible. sir, how could I get the booking amount. First of all, you should send him a notice of revocation of the agreement. The builder is not in a position to perform the contract as the result of the pending court case. According to the agreement, the due date of completion of the project is the year 2017. But still, no work has commenced on the site. Consequently, there is indeed uncertainty about the accomplishment of this project.
The party to the contract has the right to cancel the agreement and seek himself discharge in those circumstances. Section 39 of the contract act permit the party to revoke the contract if another party became disable to perform his promise. If you still stay with the contract, your right may be prejudiced.
Thus, in the above circumstance, sending a legal notice becomes essential. In the notice to the builder, you might give him a reasonable time to refund the booking amount. When he failed to repay the booking amount in that stipulated time, then you can file a complaint before the RERA regulatory authority.
As per the facts of your case, this project comes under the jurisdiction of RERA Authority. Because at the time of the enforcement date of RERA, this project was incomplete. Section 18 of the Real Estate Regulation and Development Act 2016 entitles the buyer to take a refund of his booking amount in addition to any other money he paid to the builder.Police says, No fir can be the lodge for vehicle damage caused by any person. Yesterday at 11 pm, a boy from my colony came to me and asked for my car, but I refused to give him. Then he threatened me to break and damage my car, and he has damaged the door of my car.
I called 100 and PCR referred me to the nearest police station. I went there, and the officer told me that there is no damage caused to human. So he couldn’t register FIR and legally no action could be initiated against him.
The facts of your case prima facie prove that they have committed the offence of mischief. Notable, the mischief is punishable under section 426 of the Indian Penal Code (IPC). It is a non-cognisable offence. Therefore, the police officer cannot register the FIR. He can register a non-cognisable report under section 155 of the Code of Criminal Procedure (crpc).
Section 154 of the crpc provides a procedure to record the FIR in respect of cognisable offence only. Consequently, the police officer could not register your case in section 154 as FIR. In the light of your facts, he should have to record your information in section 155 crpc and direct you to approach the court for initiation of the investigation.
The remark of the police officer that no human can cause this kind of damage is entirely unacceptable. Because he could not reach at this conclusion without conducting an investigation. In fact, he had to record your information under section 155 crpc without making such a remark.
If the police officer does not record the information under section 155(1) crpc, then you can move an application before the Magistrate under section 155(2) of the crpc. The Magistrate shall direct the police officer to investigate the crime.
Alternatively, you may file a complaint under section 200 crpc for the said offence. If the court satisfies that the said offence has been committed, then he shall direct to initiate the investigation.
The conduct of a police officer is highly impermissible in the situation. The police officer is bound to register the NCR and refer the informant to move to the court for the direction of the investigation. However, the police has no power to investigate the non-cognisable offence without an order of the Magistrate whereas he has power to register the NCR in general diary.
I have sent an RCR notice to my wife. She has answered that they will arrange for sitting after two months. Until then she will not come to my house. It seems, even though both of us are staying in Bangalore and my kid will be there at her parent’s house in Hyderabad. They are restricting me to see him not even doing a video call even after multiple attempts. What to do for this kind of response after RCR notice.
As you have filed a petition for restitution of conjugal rights (RCR), it indicates that you are willing to live with your wife and that she has no justifiable reason to live separately from you. Your wife must respond to the RCR notice within the given timeframe. Waiting for two months for her reply is impractical.
Your wife has prohibited you from entering the house and meeting your child. In this scenario, you must file a petition before the district judge to seek visitation rights under the Guardian and Wards Act.
The petition must be filed in the city where the child is residing, which in your case is Bangalore. The court can determine the duration of visitation, and it does not matter if the RCR case is still pending. Both cases can run parallel to each other.
Your wife cannot argue that granting visitation rights will be detrimental to the child in the current situation between the parties [Harshita Bhasin v. State of W.B., (2017) 2 SCC 377]. She is bound to facilitate appropriate visitation rights to the father and the child. Furthermore, when the court grants visitation rights, your wife cannot create any impediments in the father's meetings with the child [Kanika Goel v. State of Delhi SLP (Crl.) Nos. 9872-9877/2017].
If you think that your wife may cause delays in the proceedings, you can file a petition before the High Court for a directive to dispose of the case within a specific period. The High Court may order the subordinate court to dispose of the matter within six months or earlier. Causing delays without any reasonable cause is not permitted under the code of civil procedure.
