Some Important Judgement on Dishonour of Cheque

🎓🎓 Dishonour of cheque _ Application filed for sending the disputed cheque to the forensic laboratory for determination of the age of ink of handwriting and also the signature _ Only stating that the disputed cheque was a forged one was not enough _ Some specific stand was required to be taken by the petitioner _ No such foundation has been laid by the petitioner _ Application was rightly rejected. (See 2015 (7) LJSOFT (NAG) 85)

Dishonour of cheque _ Authority to file complaint _ Complaint was signed by the then Branch Manager of Appellant-Bank and a Power of Attorney was also produced _ Subsequently on account of his transfer the Bank examined his successor who also had similar Power of Attorney in his favour _ Power of Attorney in favour of erstwhile manager was exhibited when the verification was recorded _ Fact that the said Power of Attorney was not again exhibited during the course of evidence would not be material _ Impugned judgment set aside and the complaint case is restored (See 2015 (7) LJSOFT (GOA) 38)

Dishonour of cheque _ Liability of company _ Personal cheque issued by Managing Director on his personal account _ Person, who draws a cheque on an account maintained by him, for paying the payee, alone attracts liability _ Company and its Directors cannot be made liable u/s 138 _ No necessity of joining the company as an accused or to prove that the respondent was incharge of the affairs of the company _ Respondent is liable u/s 138. (See 2015 (7) LJSOFT (SC) 2)

Dishonour of cheque _ Petitioner is the husband of respondent no.2-accused and is not a party to the litigation _ Bank manager summoned to produce the bank account of the petitioner _ Calling of bank accounts of the strangers not desirable and are not necessary. (See 2015 (7) LJSOFT (GOA) 13)

SOME IMPORTANT DECISIONS REPORTED IN NOVEMBER, 2015

Abatement of suit _ Suit for partition _ Defendant Nos.3 and 5 died during the pendency of suit _ Legal heirs not brought on record by Plaintiff _ Courts below could not have proceeded to decide the matter on its own merits _ Decree passed by the courts below being against the dead persons to some extent cannot be sustained. (See 2015 (11) LJSOFT 103)

Acquisition of land under MID Act _ Applications filed u/s 28-A of L.A. Act seeking re-determination of compensation on the basis of the award of the Court _ Provisions of Section 28-A of L.A. Act would apply to the acquisitions under the MID Act. (See 2015 (11) LJSOFT (NAG) 49)

Appeal against acquittal by victim _ Requirement of obtaining leave is deleted in the wake of right given to the complainant under Section 372 of Cr.P.C. _ However it does not mean that such appeal is automatically admitted for final hearing _ Appeal preferred by the accused against his conviction u/s 374 can also be dismissed summarily after following procedure prescribed u/s 384 of Cr.P.C. (See 2015 (11) LJSOFT (NAG) 80)

Arbitration proceedings _ Interim reliefs _ Facility agreement _ Default in repayment of loan amount _ Petitioner has simplicitor applied for recovery of the money lent and advanced in the claim filed before the arbitrator _ Interim reliefs claimed u/s 9(ii)(d) in respect of the mortgaged property to secure the amount in dispute in the arbitration _ Court can grant interim measures u/s 9(ii)(b), 9(d) and 9(e) even if the property or things are not subject matter of the dispute in arbitration. (See 2015 (11) LJSOFT 28)

Arbitration proceedings _ Reliefs sought by the Multi-state Cooperative Bank for enforcement of the securities for the purpose of recovering the debts would exclusively fall within the jurisdiction of the arbitrator u/s 84 and thus expressly or impliedly barred from the purview of the jurisdiction of the civil court. (See 2015 (11) LJSOFT 136)

Arbitration proceedings _ Service of notice _ Notices sent by the Registered Post A.D. at the last known addresses of the petitioners _ Same have not been returned by the postal authority _ Would amount to a deemed service of such notices and proceedings. (See 2015 (11) LJSOFT 145)

Auction sale of property _ Auction sale of property _ Petitioner claim to be the joint owner of the property mortgaged towards security _ Petitioner not served with a notice before conducting the public auction _ Prima facie there is a clear violation of the provisions of Rules 8 and 9 of the Rules of 2002. (See 2015 (11) LJSOFT (NAG) 104)

Bail _ Grant of _ Robbery _ Only material against the applicant is in the form of statement of co-accused _ Material against the applicant insufficient to establish any role of the applicant in connection with the crime _ Bail granted. (See 2015 (11) LJSOFT (NAG) 173)

Bail _ Grant of _ Two previous applications were rejected by High Court _ Out of 23 persons except the applicant and one other person all others have been released on bail _ Case of applicant is not very different from some of them who have been released on bail _ Though there exists a prima facie case against the applicant but there are no chances of the trial commencing immediately _ Co-accused similarly placed have already been released on bail _ Court is required to maintain uniformity, as far as possible in its approach in such matters _ Bail granted. (See 2015 (11) LJSOFT 172)

Consent decree passed in year 2000 _ Amount determined by the Executing Court was paid by respondent in October, 2012 _ Appellants filed suit in 2014 for recovery of interest for the delay in paying the amounts _ There is a specific averment that the appellants have been deprived of such amount since the year 2003 _ Any cause of action after the consent decree was passed cannot be treated to be a claim which could be raised in the earlier suit _ Averments do not disclose that the suit is barred by the principles of res judicata. (See 2015 (11) LJSOFT (GOA) 34)

Default bail _ Application filed u/s 439(1) of Cr.P.C. _ No prohibition that the accused cannot raise the ground of default bail u/s 167(2) of Cr.P.C. _ Ground of default of the investigating agency to file charge-sheet within the prescribed period can be resorted to in an application filed u/s 439(1) of Cr.P.C. (See 2015 (11) LJSOFT 27)

Dishonour of cheque _ Complaint not signed by the complainant at the time of its presentation _ Unsigned complaint u/s 138 is maintainable and the signature of the complainant is necessary at the time of its verification and statement u/s 20 of Cr.P.C. _ Impugned order setting aside the order issuing process quashed and set aside. (See 2015 (11) LJSOFT (GOA) 12)

Dishonour of cheque _ Offences by companies _ Partnership firm _ No basic averments in the complaint to indicate that on the date of offence the respondent-accused were the partners of the partnership firm and that they were incharge of and responsible for the conduct of the business of the company _ Partnership firm not arrayed as accused and the statutory notice required u/s 138(b) was not served on the partnership firm _ Order of acquittal proper. (See 2015 (11) LJSOFT 4)

Dishonour of cheque _ Typographical error regarding date of intimation _ Order allowing the typographical mistake is in the nature of interlocutory order _ Revision Application against the said order is not maintainable. (See 2015 (11) LJSOFT (GOA) 11)

Dying declaration _ Endorsement of Doctor is not sine- qua non or a must _ What is essential is the satisfaction of the person who records dying declaration, that the declared was in a fit condition to give statement. (See 2015 (11) LJSOFT 89)

Evasion of stamp duty _ Allegation of not showing the market value of the subject property _ Necessary provisions exist u/s 32(A)(5) in the Stamp Act itself to take care of such situation / contingency _ Notice u/s 32(A)(2) of Stamp Act has already been issued to the applicants on 16.6.2010 _ No propriety in initiating the criminal proceeding against the applicants under the provisions of IPC and more so when there does not seem any cogent, concrete and sufficient material available against the applicants in that regard. (See 2015 (11) LJSOFT (AUR) 10)

Eviction proceedings _ Legal heirs _ Upon death of tenant all his legal representatives would be the joint tenants and not tenants in common _ Whether the suit would be hit for non-joining the daughters of deceased would not be the issue in the present lis in view of the Explanation-VI to Section 11 of CPC _ Suit not hit by non-joinder of necessary parties. (See 2015 (11) LJSOFT (AUR) 68)

Eviction proceedings _ Will _ Tenancy can be transferred only to family members of deceased tenant _ Right of tenancy cannot be bequeathed by the tenant by Will in favour of a stranger. (See 2015 (11) LJSOFT 41)

House trespass _ Assault or causing of hurt which is essential ingredient of Section 452 of IPC neither alleged nor proved _ It would be a case of ‘civil trespass’ as distinguished from ‘criminal trespass’ _ Unlawfully taking possession of the property in somebody else’s possession, simplicitor, has not been made an offence punishable under the IPC or any other law. (See 2015 (11) LJSOFT 125)

Illegal gratification _ Laying trap in Court Premises _ Absolutely improper on the part of the Investigating Agency to have laid a trap without seeking a previous permission of the Hon’ble The Chief Justice. (See 2015 (11) LJSOFT 2)

Illegal gratification _ Sanction for prosecution _ No prohibition in law in seeking assistance from office staff or subordinates as long as the responsibility for reading the relevant facts and reaching satisfaction based on such reading is not shifted or transferred to the subordinate staff _ Prosecution ought to have explained that the sanctioning authority either ignored or considered the direction was submitted by the subordinate together with all relevant material for applying his own mind and accordingly reached his satisfaction in the matter _ As no satisfactory explanation has been offered the adverse inference would have be drawn that the sanctioning authority did not apply his mind and that the sanction order was issued mechanically. (See 2015 (11) LJSOFT 100)

Illegal gratification _ Witnesses in trap cases are specifically expected to, and are told to watch the happening of the events including the sequence thereof carefully _ Variations which might be justifiably ignored as not very material or significant in other cases, may not so easily be ignored in trap cases. (See 2015 (11) LJSOFT 2)

Interpretation of statutes _ Proviso is merely an exception to the main provision _ It cannot be read in a manner that would take away the effect of the main provision as the stream cannot rise higher than its source. (See 2015 (11) LJSOFT (NAG) 106)

Matrimonial disputes _ Wife could not have sent the SMSs to the husband during the pendency of the proceedings specially after the parties had tendered the evidence, oral and documentary _ Wife had admitted that she had sent the SMSs to the husband _ Family Court rightly accepted the said SMSs tendered by the husband on record by taking recourse to the provisions of Section 14 of Family Courts Act. (See 2015 (11) LJSOFT (NAG) 51)

Motor accident _ Compensation _ Income tax returns for the year 1996-97 was filed 6 months after the demise of deceased _ No suggestion whatsoever, was put to the witness that the income mentioned in the said ITR had been inflated after the demise of the deceased _ Respondents - claimants were not put to notice of the said ground which is now sought to be raised _ Income mentioned in the said ITR has virtually gone unchallenged _ Said income of the year 1996-97 can be considered. (See 2015 (11) LJSOFT 24)

Opportunity of hearing _ Laying of electricity transmission line _ Section 164 of Electricity Act does not contemplate any hearing and it need not as it is only an enabling section _ No question of any person being affected by authorisation u/s 164 _ Section 164 cannot be said to be bad in law or violative of principle of fairness or even any fundamental freedom to carry on any occupation, business etc. under Articles 14, 21 and 19(1)(g) of the Constitution of India. (See 2015 (11) LJSOFT (NAG) 63)

Order of investigation _ Nothing remains pending before the Magistrate after such order is made _ Magistrate has further nothing to do and the proceeding u/s 156(3) of Cr.P.C. gets terminated _ Order u/s 156(3) is not an interlocutory order but is a final order terminating the proceeding u/s 156(3) and the revision would lie u/s 397 or Section 401 of Cr.P.C. (See 2015 (11) LJSOFT (AUR) 1)

Production of additional document _ Silence of accused _ Accused may simply keep silence in respect of the document which may as well be an expression of his fundamental right under Article 20(3) of the Constitution of India which says that no person accused of any offence shall be compelled to be a witness against himself _ If accused chooses to deny the document or just remains silent in that regard, the document cannot be admitted in evidence and it would be required to be proved in accordance with law, having regard to the right of the accused under Article 20(3) of the Constitution of India (See 2015 (11) LJSOFT 70)

Quashing of criminal proceedings _ Alleged that forged documents of partition has been filed in pending civil proceedings _ Civil Court is yet to adjudicate the same issue about the documents of partition whether they are true or forged _ Allowing the parallel criminal proceedings to continue on the same issue would tantamount to abuse of process of criminal Court as there is likelihood of conflicting and contradictory findings. (See 2015 (11) LJSOFT (AUR) 9)

Quashing of F.I.R. _ Felling of trees _  Offence u/s 8(1) of the 1975 Act is non cognizable _ FIR could not have been registered. (See 2015 (11) LJSOFT 186)

Rape case _ Appreciation of evidence _ Unless the character of the prosecutrix itself is in issue, her character is not a relevant factor to be taken into consideration _ Even in cases where there is some material to show that the victim was habituated to sexual intercourse, no inference of the victim being a woman of “easy virtues” or a women of “loose moral character” can be drawn _ Such a woman has a right to protect her dignity and cannot be subjected to rape only for that reason _ She has a right to refuse to submit herself to sexual intercourse to anyone and everyone. (See 2015 (11) LJSOFT 65)

Recording of common evidence _ Matter u/s 125 of Cr.P.C. and any other Civil Petition filed under the Family Court Act can be tried together _ Common evidence can be recorded in the maintenance matter u/s 125 of Cr. P.C. and any other petition that may be divorce or custody or under maintenance and Guardian Wards Act. (See 2015 (11) LJSOFT 33)

Revisional jurisdiction _ Complaint for the offences u/s 403, 406 and 409 of IPC dismissed u/s 203 of Cr.P.C. _ Revisional Court could have remanded the matter for reappreciation of facts and do the needful but no such direction can be given to the Trial Court to issue process u/s 406, 409 r/w 34 of IPC. (See 2015 (11) LJSOFT 16)

Secondary evidence _ Two things are required to be proved; (i) there must be evidence of the existence of the original documents and (ii) there must be evidence of their loss _ Same cannot be proved unless party concerned is permitted to enter the witness box and/or examine the witnesses who are also subjected to cross-examination by adversarials _ Trial court erred in refusing to grant permission to the party to enter the witness box and/or examine the witnesses. (See 2015 (11) LJSOFT (NAG) 21)

Specific performance of contract _ Limitation _ Computation of _ Time taken to pursue a complaint under the Consumer Protection Act can be excluded in terms of Section 14 of the Limitation Act. (See 2015 (11) LJSOFT (GOA) 81)

Specific performance of oral agreement _ Advance rent _ Prohibition in Section 18(3) of Rent Act applies only to amount taken by way of loan for the purpose of financing residential building and not commercial building. (See 2015 (11) LJSOFT 17)

Suit for permanent injunction _ Plaintiff does not claim to be in possession of the suit property _ Serious disputes raised not only regarding description of property but also in respect of identification of properties and Gat Numbers in consolidation proceedings _ Suit simpliciter for grant of prohibitory injunction against the defendant not maintainable. (See 2015 (11) LJSOFT 97)

Suit for specific performance of agreement of flat purchase _ Defendants unilaterally increased the flat price from 70.83 lakhs to 98.28 lakhs showing it as “Agreement Value” _ No oral terms can be admissible in a written contract u/s 91 of Evidence Act _ Plaintiff is not bound by the unilateral modification of contract by defendants. (See 2015 (11) LJSOFT 50)

Tenancy proceedings _ Death of tenant during pendency of proceedings _ Application for bringing his LRs on record was filed within 90 days period of limitation as prescribed by Article 120 of Limitation Act but no order was passed on that application _ Suit does not abate automatically against the deceased defendant unless there is specific order passed by the Court rejecting such application. (See 2015 (11) LJSOFT 43)

Verification fees _ No prohibition under Rule 16 also for deposit of fees by the licensed repairer _ Impugned letters/circulars dated 22.10.2014 and 27.10.2014 quashed and set aside _ Would be open for the Legal Metrology Officer or the officer authorised to accept the fees deposited by the licensed repairer. (See 2015 (11) LJSOFT (AUR) 132)

SOME IMPORTANT JUDGMENTS ON BAIL UPDATED IN SEPT'15

Anticipatory bail _ Grant of _ Economic offences _ Case based on the accounts and documents which can be procured without custodial interrogations _ If the accounts are not properly maintained and the applicants failed to show its proper utilization, then the prosecution is justified _ However the charges are to be proved mainly on the basis of the documents as it is a matter of accounts and utilization of funds _ Considering the nature of the offence custodial interrogation is not required _ Pre-arrest bail granted. (See 2015 (9) LJSOFT 18)

Anticipatory bail _ Grant of _ Principal accused picked up quarrel with his wife and poured kerosene and set her on fire _ Applicant is her sister-in-law with whom the principal accused was having illicit relations _ Said illicit relationship might have been the cause of quarrel between the husband and wife but the act is attributed solely to principal accused and no act is attributed to the applicant _ Interim pre-arrest bail granted. (See 2015 (9) LJSOFT 8)

Anticipatory bail _ Provision is conceptualised under Article 21 of the Constitution which relates to personal liberty _ Expression “may, if it thinks fit” occurring in Section 438(1) gives discretion to the Court to exercise the power in a particular case or not _ Once such a discretion is there merely because the accused is charged with a serious offence may not by itself be the reason to refuse the grant of anticipatory bail if the circumstances are otherwise justified. (See 2015 (9) LJSOFT (SC) 3)

Anticipatory bail _ Cancellation of _ Charge u/s 376 of IPC added only in the year 2014 regarding the allegations of rape pertaining to period which is almost 17 years ago _ Such a charge is added after a long period of time and inaction of the prosecutrix is also a contributory factor _ Investigation is complete and there is no allegation that the appellant may flee the course of justice _ High Court was not justified in cancelling the anticipatory bail. (See 2015 (9) LJSOFT (SC) 3)

Appreciation of evidence _ Sniffer dog evidence _ Evidence of dog tracking is not substantive evidence _ Identification by the sniffer dog will have to be left out of consideration. (See 2015 (9) LJSOFT 102)

Bailable offence _ Police Custody remand _ Action of causing arrest of applicant immediately after conducting second house search panchanama and taking her into police custody is bad in the eyes of Law _ Offence u/s 201 of IPC by itself is a bailable offence _ Extension of P.C.R. by the Magistrate without appreciating the facts was unwarranted and unjustified. (See 2015 (9) LJSOFT 1)

Bail _ Grant of _ Kidnapping and rape _ Boy and girl having an affair and then they eloped and got married _ Offence of rape can be distinguished on the basis of the intention of the accused _ Factors are to be considered. (See 2015 (9) LJSOFT 37)

Bail _ Grant of _ Re-arrest on jumping bail _ Application is being considered by way of indulgence and by way of one last opportunity considering the fact that the applicant is ready to give an undertaking before the trial Court, that he will attend on every hearing of the case and will not seek any adjournment _ Theft is of Rs.4500/-, and that despite his rearrest on 8-1-2015 charge has not been framed in the said case till today _ Bail granted. (See 2015 (9) LJSOFT 121)

Bail _ Grant of _ Murder _ No role attributed to the applicant at the time of identification _ It is expected in the test identification parade that the witness should give reason for identification and mere identification is not sufficient _ There is no other evidence against the applicant and there is no recovery as well _ Bail granted. (See 2015 (9) LJSOFT 33)

Bail _ Grant of _ Attempt to murder _ Applicants-accused No.1 assaulted the complainant thrice on his head with that the wooden plank _ Other applicants assaulted him with fists and kicks _ There are no criminal antecedents _ Incident of assault has taken place suddenly and it is not a pre-meditated crime _ Bail granted. (See 2015 (9) LJSOFT 23)

Bail _ Grant of _ Murder _ Case of single blow of a stick on account of sudden quarrel between the parties and the applicant was not armed with weapon _ It was a sudden fight and the applicant has no antecedents and he in prison since last one year _ Bail granted. (See 2015 (9) LJSOFT 19)

Some important decision

Divorce - If a spouse abuses the other as being born from a prostitute, this cannot be termed as `wear and tear' of family life as it amounts to cruelty and a ground for divorce. (2015(3) Civil Court Cases 104 (S.C.)

Divorce - Re-conciliation - It is duty of family Court to make endeavour for reconciliation - However, failure to make such endeavour will not ipso facto vitiate a decree. (2015(3) Civil Court Cases 192 (Patna)

Divorce by mutual consent - Wife residing abroad, represented through special power of Attorney, her mother - Wife filed affidavit confirming contents of petition - No suspicious circumstances in affidavit - Personal attendance not required - Divorce granted. (2015(3) Civil Court Cases 853 (A.P.)

Documents not produced alongwith written statement can be allowed to be produced at a later stage when those documents are necessary for adjudication of rival claims of parties. (2015(3) Civil Court Cases 429 (P&H)

Domestic Violence - Interim order - A relief which could be granted at the final stage  cannot normally be granted as an interim measure. (2015(3) Civil Court Cases 548 (Kerala) (DB)

Domestic Violence - Law is being used to terrorize husband, his family and distant relatives and this phenomenon has now acquired the name of `Legal Terrorism' and rightly so given the extent of its misuse, particularly against distant relatives of husband. (2015(3) Civil Court Cases 268 (P&H)

Domestic Violence - Protection order - Violation - Anticipatory bail -  Passing a general or vague order result in unfortunate consequences - Anticipatory bail granted. (2015(3) Civil Court Cases 840 (Kerala)

Electricity - Claim for surcharge - Demand of surcharge beyond period of three years is barred by law of limitation - However, claim of surcharge within period of three years of its claim is not barred. (2015(3) Civil Court Cases 315 (Gauhati)

Enhancement of maintenance - Can be either from date of application for from date of order. (2015(3) Civil Court Cases 863 (Rajasthan)

Ex parte ad interim injunction - Restraining interfering with lawful construction - Not such a exigency that ex parte injunction without issuing notice to the opposite party can be granted. (2015(3) Civil Court Cases 380 (A.P.) (DB)

Ex parte decree - Condonation of delay - Court can direct payment of a portion of the decretal amount or the cost, while setting aside ex parte decree or condoning delay. (2015(3) Civil Court Cases 142 (S.C.)

Ex parte decree - Setting aside - Advocate had gone to Bihar to attend to his ailing brother - Lack of proper details and supporting evidence - Application dismissed. (2015(3) Civil Court Cases 323 (Delhi) (DB)

Ex parte injunction order - Violation  - It is always in the larger interest of parties to the Lis to get the main case decided first on its merits as far as possible rather than to pursue their off-shoot proceedings. (2015(3) Civil Court Cases 598 (S.C.)

Extension of time - Can only be when period for doing an act is fixed or granted by Court and not when period is fixed by a provision of CPC or by any other law. (2015(3) Civil Court Cases 659 (J&K)

Extension of time - Earlier remedy sought in Consumer Forum which did not lack jurisdiction - As remedy sought earlier was not in a wrong forum as such S.14 of Limitation Act is not applicable.  (2015(3) Civil Court Cases 460 (P&H)

Guardian - Appointment - An unwed mother can be appointed as guardian of minor child without issuing notice to putative father. (2015(3) Civil Court Cases 698 (S.C.)

Hire purchase agreement - By itself does not amount to sale of property - An agreement of hire purchase cannot be said to be a sale deed. (2015(3) Civil Court Cases 515 (Allahabad)

Insufficiently stamped document - Both original and secondary evidence excluded - No other evidence to prove terms of instrument is also excluded u/s 91 Evidence Act. (2015(3) Civil Court Cases 014 (All.)

Interest - Agreed to be paid 2% per month - Exorbitant - Interested reduced to 9% p.a. (2015(3) Civil Court Cases 798 (Rajasthan)
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ŠJudgment or order obtained by fraud - Court can recall its own order. (2015(3) Civil Court Cases 438 (Bombay)

Jurisdiction - Corporation/Company can be sued at a place having its sole or principal office and where cause of action wholly or in part, arises at place where it has also a subordinate office at such place. (2015(3) Civil Court Cases 678 (S.C.)

Malicious prosecution - An innocent person harassed by police through unjustified incarceration and prosecution, must be compensated. (2015(3) Civil Court Cases 755 (P&H)

Marriage - Marriages performed in secrecy in office of Advocates and Bar Association Rooms, does not amount to solemnization of marriage within meaning of Ss.7 & 7-A of H.M. Act. (2015(3) Civil Court Cases 213 (Madras)

Medical negligence - Compensation - Newly born baby became blind due to gross negligence of Doctors - Compensation of Rs.1.80 crores granted by indicating apportionment of liability in between the State and doctors. (2015(3) Civil Court Cases 557 (S.C.)

Medical negligence - Compensation cannot be calculated by using the multiplier method. (2015(3) Civil Court Cases 557 (S.C.)

Mutation entries do not convey or extinguish any title. (2015(3) Civil Court Cases 278 (S.C.)

Non-production of documents, relied upon, with plaint - Such lapse is curable upon obtaining leave of Court. (2015(3) Civil Court Cases 318 (A.P.)

Notice - Sent by registered post received back with postal endorsement of `refusal' - There is presumption of service of notice unless rebutted - When sendee/addressee denies service of registered letter then onus to produce postman is on him. (2015(3) Civil Court Cases 297 (Allahabad)

Notice u/s 106 TPA - Service of summons in the suit can be held as notice u/s 106 of the Act for terminating tenancy. (2015(3) Civil Court Cases 275 (Delhi)

Part performance - In pursuance of a contract to transfer for consideration, in writing, which though required to be registered, has not been registered, the transferee has no right to remain in possession of the property. (2015(3) Civil Court Cases 399 (Kerala) (DB)

Part performance - Possession - Protected only when possession is delivered under a written agreement to sell and not when possession is delivered under an oral agreement to sell. (2015(3) Civil Court Cases 275 (Delhi)

Party as a witness - Can appear after examination of its witnesses - Subject to the condition that party seeks permission of Court. (2015(3) Civil Court Cases 470 (H.P.)

Party as a witness - Prior permission is required to be taken in case party is to be examined after examination of other witnesses - Even if prior permission of Court is not taken before commencement of trial, it shall be sought at least before the party is examined - Such permission can only be granted by setting out reasons in writing - Breach of the rule be viewed seriously and may result in eschewing the evidence of the parties, if no permission is taken to examine the party after examination of witnesses - This direction will apply in all future cases. (P&H) 495

Pleadings - Amendment - A party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of rules of procedure - Court always gives relief to amend the pleading of the party, unless it is satisfied that party applying was acting malafide or that by his blunder he had caused injury to his opponent which cannot be compensated for by an order of cost. (2015(3) Civil Court Cases 332 (S.C.)

Production and marking of documents - Law as to - Analysed - In order to avoid delay in the trial of suit, Court can tentatively mark a document and examine its admissibility and objection raised to it along with pronouncement of judgment. (2015(3) Civil Court Cases 337 (A.P.)

Registration - Power to question right or ownership over the property is beyond the scope of enquiry contemplated under Registration Act - Competency to present a document alone can be disputed - Power to question competency cannot be equated with power to

IMPORTANT DECISIONS

Admissibility of a document - Entirety dependent upon recitals contained in the document - Nomenclature given to the document is not decisive factor - Nature and substance of the transaction has to be determined with reference to the terms of the document. 2015(4) Civil Court Cases 578 (S.C.)

Adverse possession - Question of establishing settled possession does not arise in relation to the properties that already stood cleared of any structures by demolition of whatever stood on the same. 2015(4) Civil Court Cases 625 (S.C.)

Bail - Cancellation and annulment - Cancellation of bail can be on any kind of supervening circumstances or breach of any conditions imposed - Whereas annulment of order of bail is when Court granting bail has failed to take into consideration the relevant material factors which would make the order absolutely perverse and totally indefensible - In the instant case bail granted as many relevant factors not taken into consideration which includes criminal antecedents of accused, which makes the order a deviant one and the inevitable result is lancination of impugned order - Order granting bail set aside. 2015(4) Criminal Court Cases 293 (S.C.)

Illegal gratification - Failure to prove demand of illegal gratification is fatal to prosecution case. 2015(4) Criminal Court Cases 536 (S.C.)

Service - Illegal gratification - Dismissal from service on the basis of departmental enquiry - Acquittal in criminal case does not automatically give right to employee to be reinstated into service. (2015(3) Apex Court Judgments 489 (S.C.)

Service - Promotion cannot be denied on the basis of uncommunicated ACRs. (2015(3) Apex Court Judgments 393 (S.C.)

Service - Temporary employee - Cannot be allowed to continue in service when very purpose for which he was employed does not survive. (2015(3) Apex Court Judgments 500 (S.C.)

⭐⭐COMPENSATION IN CRIMINAL CASES:

If accused is unable to pay adequate compensation to victim or his/her heir, then court ought to have awarded compensation U/S 357 A Cr.P.C. against State from funds available under victim compensation scheme.

2015 All MR ( cri ) 1662 Supreme Court

The State of Himachal Pradesh
V/s
Ram Pal.

⭐⭐DANCE BARS MUST GO ON - SC!

Top Senior Counsel for Maharashtra Govermment HARISH SALVE asked SC for tIme to show the Supreme Court that 'DANCE BAR IS AN ANIMAL IN ITSELF', even as Maharashtra government has been in defiance of the Supreme Court’s order that had directed it to begin accepting bar licence applications.

Salve asked a bench of justices Dipak Misra and PC Pant, for additional time to produce materials highlighting the harmful sociological effects of dance bars, and submitted that the Maharashtra government will, in the interim, comply with the court’s 12 October order that had stayed its prohibitive law on dance bars. The bench said: “We must remind the authority that the Supreme Court order has to be respected!!

Landmark Judgments on SERFAESI Act, 2002

Landmark Judgments on SERFAESI Act, 2002
1. Mardia Chemicals v/s UOI
2. Union Bank of India v/s Satyavati Tondan
3. Kanaiyala Sachdev v/s State of Maharashtra
4. Kaushal Shah v/s State of Maharashtra

CDs are documents, can be considered as evidence under law: SC

The Supreme Court has ruled that a compact disc (CD) is a document under Section 3 of the Indian Evidence Act, 1872. The Court also held that a CD has to be exhibited/played by the trial court to enable the public prosecutor to admit or deny its genuineness under Section 294 of the Code of Criminal Procedure (CrPC).

The decision was rendered by a Division Bench of PC Pant and Dipak Misra JJ. in an appeal against the decision of the High Court of Punjab and Haryana.

The appellant accused is on trial for molestation of his niece and is currently lodged in jail. He had sought to rely on the recording of a conversation between his wife and son, and the father of the victim. The appellant had  moved an application Section 294 of CrPC to get the CD played in the court for preserving a copy of the text contained, and therein for further communication to the Forensic Laboratory for establishing its authenticity. The application had, however been rejected by the trial judge. The High Court had affirmed the order passed by a Special Judge.

The question before the Supreme Court was whether the Special judge was correct in denying the application to play the CD so that its genuineness could be considered and established. Relying on the various decisions of the Supreme Court, the Court interpreted Section 3 of the Indian Evidence Act to hold that a CD is a “document”.

“In R.M. Malkani vs. State of Maharashtra, this Court has observed that tape recorded conversation is admissible provided first the conversation is relevant to the matters in issue; secondly, there is identification of the voice; and, thirdly, the accuracy of the tape recorded conversation is proved by eliminating the possibility of erasing the tape record.

In Ziyauddin Barhanuddin Bukhari vs. Brijmohan Ramdass Mehra and others, it was held by this Court that tape-records of speeches were “documents”, as defined by Section 3 of the Evidence Act, which stood on no different footing than photographs…

In view of the definition of ‘document’ in Evidence Act, and the law laid down by this Court, as discussed above, we hold that the compact disc is also a document.”

The Court then proceeded to hold that since CD is a document under Section 3 of the Evidence Act, it is not necessary for the court to obtain admission or denial on a document under sub-section (1) to Section 294 CrPC personally from the accused or complainant or the witness. It held that the endorsement of admission or denial made by the counsel for defence, on the document filed by the prosecution or on the application/report with which same is filed, is sufficient compliance of Section 294 CrPC. The court also turned down the contention of the respondent that the petition has been filed to prolong the trial.

“In our opinion, the courts below have erred in law in rejecting the application to play the compact disc in question to enable the public prosecutor to admit or deny, and to get it sent to the Forensic Science Laboratory, by the defence. The appellant is in jail and there appears to be no intention on his part to unnecessarily linger the trial, particularly when the prosecution witnesses have been examined.

Therefore, without expressing any opinion as to the final merits of the case, this appeal is allowed, and the orders passed by the courts below are set aside.”

Specific performance of agreement _ Reasonable period _ Some recent case laws

Suit for specific performance _ Period of one year was agreed for executing the sale deed _ Though it was necessary for the defendant to obtain permission from the competent authority but the intention of parties to make time the essence of the agreement is evident _ Agreement further stipulates that if permission is not obtained within period of one year, then the sale deed would be executed within a period of one month from obtaining such permission _ Subsequent stipulation in the agreement does not prescribe the outer limit for obtaining such permission _ Permission was required to be obtained within reasonable time which can be taken to be three years _ Even assumed that after reasonable period of three years from 21-4-1989 which is 21-4-1992 there was refusal on the part of the defendant, in terms of Article 54 of Limitation Act the suit could have been filed within three years, that is till 20-4-1995 _ Suit was filed on 13-6-2001 after almost six years _ Suit as filed was barred by limitation under Article 54 of Limitation Act. (See 2015 (6) LJSOFT 170)

Suit for specific performance _ There is no presumption as to time being the essence of the contract _ Though no time is fixed for performance of contract but it does not mean that the agreement stipulated indefinite period for performance of contract _ Contract to be performed within reasonable time but the question "what is a reasonable time", is, in each particular case, a question of fact. (See 2015 (3) LJSOFT 136)

Suit for specific performance of contract _ Though time is not the essence of contract in respect of sale of immovable property but in so far as urban properties are concerned, the contract should be concluded within a reasonable time. (See 2011 (11) LJSOFT 135)

Suit for specific performance of contract _ Appellant did not move the court in reasonable time _ Vendor had already died _ When the suit was filed there were minor children _ Property was ancestral property and the appellant/ plaintiff ought to have shown that there was legal necessity for sale of the property _ Since no question of limitation was raised by the Court below it is not possible to enter into that question in Second Appeal _ However it would not be equitable to allow the specific performance _ Specific performance need not be granted merely it is lawful to do so _ Appeal allowed to the extent of refund of money and as a consequential relief the respondents would be entitled to get back possession of the house property. (See 2009 (12) LJSOFT 207)

Suit for specific performance of Agreement of Sale _ No time specified for performance of promise but the contract must be performed within a reasonable time _ What is the reasonable time is to be seen in Article 54 of Limitation Act _ For specific performance of contract three years time is prescribed under the said Article and, therefore, reasonable time means three years _ Trial Court rightly held that the suit was time barred as the same was not filed within reasonable time. (See 2008 (10) LJSOFT 76)

Suit for specific performance of agreement of sale _ No date for performance fixed in the agreement _ Suit could be held to be barred by limitation only on a finding that plaintiffs had notice of refusal of performance by the defendants and that the plaintiffs approached the court beyond three years of the date of notice _ Question of limitation could be dealt with only after evidence is taken and not as a preliminary issue. (See 2006 (4) LJSOFT (SC) 24)

Magistrate has no power to take cognizance of the offence under Prevention of Corruption act.

Magistrate has no power to take cognizance of the offence under Prevention of Corruption act. Magistrate can't pass an order u/s. 156 (3) of Cr.P.C. in respect of offence which Special Judge alone is competent to try.

2015 All MR ( cri ) 1080.

Shri Nilesh S. Rane
V/s
Mr. Ravikanth Yadav and Others.

NI Act Ordinance 2015 is Retrospective

Dashrath Rathod’s Judgment have no effect in view of the Amendment;

A Two Judge Bench of the Supreme Court comprising of Justices J.S.Khehar and R.Banumati has held that, in view of the Amended Section 142(2) of Negotiable Instruments (Amendment) Second Ordinance 2015, the place where a cheque is delivered for collection i.e., the branch of the bank of the payee or holder in due course, where the drawee maintains an account, would be the determinative of the place of territorial jurisdiction for filing Complaint under the NI Act. The Bench was hearing an Appeal from an order dated 5.5. 2011 of Madhya Pradesh High Court in which it is held that the Jurisdiction to file a Complaint under NI Act lay only before the Court where-in the original drawee bank was located. The High Court relied on the Three Judge Bench Judgment of the Supreme Court in Dashrath Rupsingh Rathod vs. State of Maharashtra. Allowing the Appeal Justice Khehar held as follows; “Insofar as the instant aspect of the matter is concerned, a reference may be made to Section 4 of the Negotiable Instruments (Amendment) Second Ordinance, 2015, whereby Section 142A was inserted into the Negotiable Instruments Act. A perusal of Sub-section (1) thereof leaves no room for any doubt, that insofar as the offence under Section 138 of the Negotiable Instruments Act is concerned, on the issue of jurisdiction, the provisions of the Code of Criminal Procedure, 1973, would have to give way to the provisions of the instant enactment on account of the non-obstante clause in sub-section (1) of Section 142A. Likewise, any judgment, decree, order or direction issued by a Court would have no effect insofar as the territorial jurisdiction for initiating proceedings under Section 138 of the Negotiable Instruments Act is concerned. In the above view of the matter, we are satisfied, that the judgment rendered by this Court in Dashrath Rupsingh Rathod’s case would also not non-suit the appellant for the relief claimed.” “A perusal of the amended Section 142(2 leaves no room for any doubt, especially in view of the explanation thereunder, that with reference to an offence under Section 138 of the Negotiable Instruments Act, 1881, the place where a cheque is delivered for collection i.e. the branch of the bank of the payee or holder in due course, where the drawee maintains an account, would be determinative of the place of territorial jurisdiction”. The Bench said. It is also held that “Section 142(2)(a), amended through the Negotiable Instruments (Amendment) Second Ordinance, 2015, vests jurisdiction for initiating proceedings for the offence under Section 138 of the Negotiable Instruments Act, inter alia in the territorial jurisdiction of the Court, where the cheque is delivered for collection (through an account of the branch of the bank where the payee or holder in due course maintains an account). We are also satisfied, based on Section 142A(1) to the effect, that the judgment rendered by this Court in Dashrath Rupsingh Rathod’s case, would not stand in the way of the appellant, insofar as the territorial jurisdiction for initiating proceedings emerging from the dishonor of the cheque in the present case arises.” “The words “…as if that sub-section had been in force at all material times…” used with reference to Section 142(2), in Section 142A(1) gives retrospectivity to the provision”.
Bridgestone India Pvt. Ltd Vs  Inderpal Singh.

SOME IMPORTANT DECISIONS REPORTED IN DECEMBER, 2015

Acquisition of land _ Declaration u/s 6 would be non est if it is not published within a period of one year from the date of the last publication of Section 4 notification. (See 2015 (12) LJSOFT (NAG) 9)

Addition of accused _ Allegations against Investigating Officer that he helped the accused persons unlawfully _ It would be another offence, if any, for which separate trial would be necessary _ Provisions of Section 319 of Cr.P.C. cannot be invoked.. (See 2015 (12) LJSOFT (AUR) 16)

Appreciation of evidence _ Refreshing the memory has to be done before the Court and not stealthily _ Impermissible for a witness to stealthily refresh his memory before entering the Court and deposing about the entire evidence. (See 2015 (12) LJSOFT (AUR) 148)

Arbitrator _  Appointment of _ Parties are Indian and had agreed to the seat of the arbitration at Singapore _  Since both the parties are from India the parties cannot be allowed to derogate from Indian law _ This is part of the public policy of the country _ Said agreement which provides for arbitration in India thus does not violate section 28(1)(a) _ Proceedings filed u/s 11(6) maintainable. (See 2015 (12) LJSOFT 104)

Arbitration proceedings _  Commodity Exchange Trading _ Margin money _ Shortfall in margin money _  Petitioner could not have squared off the open position of the respondent without demanding any additional amount. (See 2015 (12) LJSOFT 134)

Caste certificate _ Invalidation of _ Petitioner has completed M.B.B.S. course as a reserved category student on the basis of interim order which continued in operation for last about 16 years _ Public money spent on his education cannot be allowed to be lost by invalidating the educational qualifications. (See 2015 (12) LJSOFT (NAG) 24)

Chapter proceedings _ Dispute regarding possession of plot _ Section 145 of Cr. P.C. is not meant for declaration of possession or ownership of the parties over the property. (See 2015 (12) LJSOFT 166)

Criminal trial _ I.O. withholding a statement of victim recorded by the Executive Magistrate _ I.O. expected to remain impartial and place all the material is collected during the course of investigation _ He cannot be choosy of filing only those documents or placing only that material which, according to him, is against the accused person _ Fit case where the adverse inference could be drawn against the prosecution. (See 2015 (12) LJSOFT (NAG) 10)

Disciplinary enquiry _ Non-teaching staff in college _ Rule 46 of the Rules of 1984 provides for the procedure for imposing major penalty _ Preparation and giving of articles of charge by the Enquiry Officer is a serious lapse and impermissible under the service jurisprudence _ If such an exercise is permitted, it will amount to permitting a person to be a judge in his own cause. (See 2015 (12) LJSOFT (NAG) 111)

Dishonour of cheque _ Service of notice _ No evidence to prove that the complainant had dispatched the notice at the proper address either by R.P.A.D. or by certificate of posting _ Deeming provision u/s 27 of General Clauses Act cannot be invoked. (See 2015 (12) LJSOFT 37)

Divorce _ Appellant proved that after the solemnization of his marriage the respondent no.1 was guilty of voluntary sexual intercourse with some other person resulting in birth of her son _ In the light of the DNA report, presumption u/s 112 of Evidence Act would stand rebutted _  Appellant made out a case for grant of divorce u/s Section 27(1)(a) of Special Marriage Act. (See 2015 (12) LJSOFT (NAG) 13)

Divorce _ Permanent alimony _ Respondent-wife was unchaste as she had voluntary sexual intercourse with a person other than the appellant during the subsistence of the marriage and had also conceived a child through the said person _ Section 25(3) of H.M. Act makes it clear that an unchaste wife would not be entitled to permanent alimony. (See 2015 (12) LJSOFT (NAG) 29)

Eviction proceedings _ Arrears of rent _ Landlord cannot take advantage of his conduct in not accepting rent sent by the tenant and then give a notice saying that the tenant is in arrears of rent for more than six months. (See 2015 (12) LJSOFT 62)

Eviction proceedings _ Permanent construction/ alterations _ Erection of shed on the front side of suit premises by implanting iron pole in cement and concrete to protect customers from the rains _  There is neither any element of permanency, nor any question of intention to put up any permanent structure upon the suit premises _ Said temporary structure is not within the contemplation of Section 16(1)(b) of the Rent Act. (See 2015 (12) LJSOFT 62)

Eviction proceedings _ No capital contributed by tenant and was not at all actively associated with the partnership business _ Tenant has parted with his possession of the suit premises in lieu of consideration of Rs.800/- p.m. _  So-called partnership was nothing but a camouflage to conceal the real transaction of unlawful subletting. (See 2015 (12) LJSOFT 75)

False caste certificate _ Certificates issued by the competent authority admittedly before the Act of 2000 came into force _ Constitutional guarantee under Article 20(1) of the Constitution of India shows prohibition to make the provisions for offences in any law retrospectively _ Provisions of Section 13 held to be prospective in nature and cannot be held to be retrospective in operation. (See 2015 (12) LJSOFT (NAG) 96)

House trespass _ It is requisite for the person to have mens rea, without which, no criminal house trespass can be inferred _ Women accused had simply followed the other accused persons with no intention _ They cannot be held guilty of the offence u/s 451 of IPC. (See 2015 (12) LJSOFT (NAG) 130)

Interim maintenance _ Educational expenses of daughter _ Court exercising powers and jurisdiction u/s 125 Cr.P.C. will be within its ambit to pass necessary orders for interim maintenance. (See 2015 (12) LJSOFT (NAG) 33)

Interim maintenance _ Grant of maintenance pendente lite in proceedings filed u/s 7 of the Act of 1890 _ Welfare of the minor that has been granted prime importance _ Family Court in exercise of its inherent powers u/s 151 of CPC can even otherwise direct payment of interim maintenance to the minor child in proceedings u/s 7 of the Act of 1890. (See 2015 (12) LJSOFT (NAG) 67)

Motor accident _ Compensation _ Deceased was working as an Assistant Teacher in a non-aided school and last drawn actual salary was Rs.2,800/- p.m. _ Considering the statutory provisions of the MEPS Act and the other evidence, had the deceased continued in service, he would have been regularized in his employment and would have been entitled to the benefit of the 6th pay commission _ Tribunal rightly considered the salary of Rs.40,000/- p.m. (See 2015 (12) LJSOFT 5)

Motor accident _ Compensation _ Income of both the husband and wife are equally important for running the house as they supplement each other’s income _ Cannot be generally said that as the other spouse (surviving) is earning, there is no dependency _ Contention that husband-claimant was not dependent on the income of his wife cannot be accepted. (See 2015 (12) LJSOFT 3)

Pensionary benefits _ Cause of action would accrue to the petitioner every month _ At the most the relief could be restricted to the period of three years, if the claim is found to be sustainable. (See 2015 (12) LJSOFT (NAG) 39)

Presidents of District Consumer Redressal Forum _ No justification for denial of leave encashment benefit to an Advocate who is appointed as President of Consumer Forum. (See  2015 (12) LJSOFT 26)

Quashing of criminal proceeding _ Causing mischief to public property by followers of applicant _ Applicant was not present where the incident took place Nothing to show that his speech was provocative and was heard by other accused _ Allegations made against the applicant would not amount to abetment _ Proceedings quashed. (See 2015 (12) LJSOFT (AUR) 2)

Quashing of criminal proceeding _ Obscene acts in films _ Films had passed the test of Censor Board and the certification by the Censor board could not have been ignored even by Magistrate. (See 2015 (12) LJSOFT (NAG) 4)

Quashing of F.I.R. _ Business of money lending _ Merely referring to one isolated transaction claimed to be a loan transaction or money lending would not be enough to show that the petitioner was involved in “business of money lending” without licence _ FIR quashed. (See 2015 (12) LJSOFT (AUR) 15)

Recording of evidence by the Assistant Sessions Judge _ Rape case _ Section 28 of Cr.P.C. makes only distinction regarding which class of Judges can pass sentence for different quantum _ It does not mandate anything recording of the evidence by particular class of Sessions Court in the matter of offences which are triable by the Sessions Court. (See 2015 (12) LJSOFT 100)

Recovery proceedings _ Mortgaged property cannot be redeemed on payment of a part of the mortgage money _ If the mortgaged property has to be redeemed the entire mortgage money has to be tendered. (See 2015 (12) LJSOFT 57)

Redemption of term deposit accounts on maturity _ Title to the moneys and to whom they should be paid ought not be a matter of concern for bankers _ Unless and until there is a specific restraint order, the bank cannot discharge its normal banking functions _ Bank cannot in the garb of a alleged title dispute refuse to abide by its contractual obligation with a customer. (See 2015 (12) LJSOFT 6)

Registration of document _ Delay purely attributable to the Collector of Stamps for determination of the stamp duty _ Said period is required to be excluded. (See 2015 (12) LJSOFT 131)

Reserved post _ Protection of services _ School Tribunal has no jurisdiction to hold either that the respondent No.1 did or did not commit fraud or that he did or did not fabricate the caste certificate showing that he belongs to Scheduled Tribe category. (See 2015 (12) LJSOFT (NAG) 136)

Return of Sonography Machine _ It makes no good by just handing over the machine on the Supratnama in a sealed condition _ Keeping the machine in a sealed condition will not serve the purpose of anybody. (See 2015 (12) LJSOFT (NAG) 40)

Sanction for prosecution _ Police officers _ Acts done under colour of duty _ Sanction of the State Government granted after two years from the date of offence was barred by limitation as prescribed u/s 161 of B.P. Act. (See 2015 (12) LJSOFT 167)

Succession Certificate _ Remarriage of widow _ There is no provision that disqualifies a widow of a male Hindu from inheriting from her husband if she remarries, after his death. (See 2015 (12) LJSOFT 92)

Tenancy rights _ Contention that tenancy in respect of the commercial premises can devolve only upon such member of the deceased tenant’s family, who was using the premises along with the original tenant at the time of such original tenant’s demise cannot be accepted _ Even otherwise the respondent is the son and therefore the legal heir of the deceased original tenant and is clearly covered under the second part of the definition of ‘tenant’ u/s 7(15)(d) of the Rent Act. (See 2015 (12) LJSOFT 76)

Tenancy _ Legal heirs _ Plaintiff is the widow of the original tenant and was staying along with him in the suit property at the time of his death _ Defendant is the son of step daughter of the tenant _ Even if he is considered to be the heir, he shall not become a tenant. (See 2015 (12) LJSOFT 61)

Detention in PC and jail by order by police under orders of chapter VIII crpc s 107 111,112,113,114,115,118 held illegal

High court Bombay ( aurangsbad bench)  decision 9th June 2015
Fayaz attar vs state of Maharashtra

Detention in PC and jail by order by police under orders of chapter VIII crpc s 107 111,112,113,114,115,118 held illegal

Court granted compensation to be paid by state and recover it from PSIs salary and start disciplinary action against PSI
2015 allMR(cri) 3998 Oct 2015

⭐⭐If the matter is pending before higher authority then subordinate authority should not proceed.

⭐⭐If the matter is pending before higher authority then subordinate authority should not proceed.

1) AIR 1992 SC 711
Union of India and others v/s Kamlashi Finance Corporations.
(Important Para no.8 )

2) 1995 (Suppl) 3 SCC 434
Chhavi Mehrotra v/s Director General, health Service.
(Important para no. 1)

www.aaplesarkar.maharashtra.gov.in

महाराष्ट्रात आजपासून 'राईट टू सर्व्हिस अॅक्ट' म्हणजेच सेवा हमी कायदा लागू झालाय. यामुळे, आता तुम्हाला जन्म दाखला, लग्नाचा दाखला, लायसन्स अशा तब्बल 43 सरकारी सेवा मिळवण्यासाठी सरकारी कार्यालयांचे उंबरठे झिजवण्याची गरज लागणार नाही.
तब्बल 43 सरकारी सेवा तुम्हाला आता घरबसल्या एका क्लिकवर मिळू शकणार आहेत. यासाठी तुम्हाला सरकारी वेबसाईटवर अप्लाय करावा लागेल... आणि ठराविक कालावधीत तुम्हाला हवे असलेल्या सेवा मिळू शकतील.
महाराष्ट्र सरकारची वेबसाईट

www.aaplesarkar.maharashtra.gov.in

वर ऑनलाईन अप्लाय तुम्हाला करावं लागेल... निर्धारित कालावधीत सरकारी अधिकाऱ्यांना या सेवा नागरिकांना द्याव्या लागणार आहेत, अशी माहिती महाराष्ट्राचे हाऊसिंग राज्यमंत्री रविंद्र वायकर यांनी दिलीय.

या विभागांच्या सेवांचा आहे समावेश...
महसूल विभाग, नोंदणी व मुद्रांक विभाग, ग्रामविकास व पंचायत राज विभाग, कामगार विभाग, जलसंपदा विभाग, शासन मुद्रण लेखनसामग्री व प्रकाशन संचालनालय, कौशल्य विकास आणि उद्योजकता विभाग, वन विभाग आणि नोंदणी व मुद्रांक विभागाच्या सेवा तुम्हाला आता ऑनलाईन मिळू शकतील.
या सेवांचा आहे समावेश....

• वय राष्ट्रीयत्व आणि अधिवास प्रमाणपत्र
• मिळकतीचे प्रमाणपत्र
• तात्पुरता रहिवास प्रमाणपत्र
• ज्येष्ठ नागरिक प्रमाणपत्र
• पत दाखला
• सांस्कृतिक कार्यक्रम परवाना
• प्रमाणित नक्कल मिळणे बाबत अर्ज
• अल्पभूधारक शेतकरी असल्याचे प्रतिज्ञापत्र
• भूमिहीन प्रमाणपत्र
• शेतकरी असल्याचा दाखला
• सर्वसाधारण प्रतिज्ञापत्र
• डोंगर/ दुर्गम क्षेत्रात राहत असल्याचे प्रमाणपत्र
• जन्म नोंद दाखला
• मृत्यु नोंद दाखला
• विवाह नोंदणी दाखला
• रहिवाशी प्रमाणपत्र
• दारिद्र्य रेषेखालील असल्याचा दाखला
• हयातीचा दाखला
• ग्रामपंचायत येणे बाकी दाखला
• निराधार असल्याचा दाखला
• शौचालयाचा दाखला
• विधवा असल्याचा दाखला
• दुकाने आणि अस्थापना नोंदणी
• दुकाने आणि अस्थापना नुतनीकरण
• कंत्राटी कामगार मुख्य मालक नोंदणी
• कंत्राटी कामगार अनुज्ञप्ती नोंदणी
• कंत्राटी कामगार अनुज्ञप्ती नुतनीकरण
• नोकरी उत्सुक उमेदवारांची नोंदणी
• सेवानियोजकाची नोंदणी
• शोध उपलब्ध करणे
• मुद्रांक शुल्क भरण्याचे प्रयोजनार्थ मुल्यांकन अहवाल देणे
• दस्त नोंदणी न केलेल्या प्रकरणांमध्ये, ई-पेमेंट पद्धतीने भरलेल्या नोंदणी फीचा परतावा
...तर सरकारी बाबूंना भरावा लागेल दंड
'राईट टू सर्व्हिस अॅक्ट'मध्ये हलगर्जीपणा करणाऱ्या अधिकाऱ्यांना दंड लावण्याची तरतूद राज्य शासनानं केलीय. निर्धारित वेळत तुम्हाला सेवा मिळाली नाही तर जबाबदार अधिकाऱ्याला 500 ते 5000 रुपयांपर्यंत दंड बसेल.
सध्या सेवा हमी कायद्यात केवळ 43 सेवांचा समावेश असला तरी येत्या वर्षी मार्चपर्यंत या सेवांचा आकडा 135 वर जाण्याची शक्यता आहे.