Advocate Kapil Hooda

Questions Answered by Advocate Kapil Hooda

Q: Time taken to get a case quashed in High Court

What is the time frame for fir quashing in Highcourt?

Advocate Kapil Hooda answered
Quashing of FIR can be filed under section 482 in the high court .If you file a quashing petition today then it can get listed day after tomorrow or in a week s time.You can mention all the grounds in quashing petition which proves that case against you is false and frivolous.

Q: Remedy for Application u/s 340 Cr.P.C pending before High Court

In petition by me under 482 in HC(which is pending disposal) against a case filed in lower court, an application u/s 340 of Cr.P.C was moved showing that content of an affidavit filed by opposite parties in the lower court is false and asked the HC to take cognizance of such offense of the opposite parties. HC can straight away take cognizance of perjury committed in lower court Perumal v. Janaki, (2014) 5 SCC 377. The High Court has kept the application pending and has taken no distinct action asking it to be heard with the original petition u/s 482. I want that the application to be taken up separately and decided first instead of being taken later on along with the main petition. What is the remedy to achieve this in HC and whether an SLP is maintainable in SC stating that the application be decide on first and also separately.

Advocate Kapil Hooda answered
Of course you can file a special leave petition in Supreme Court under Article 136 of the constitution .Supreme court can either direct the concerned high court to decide it first and then take on the main petition or it can decide on its own and send the order to high court.

Q: Eligibility for Enrollment in supreme Court

I just passed my llb.my age is 40 can practice in supreme Court or Delhi high Court.

Advocate Kapil Hooda answered
Sir as you have passed llb ,now get yourself enrolled with a Bar council which will give you a certificate that you are enrolled as an Advocate and then you can practice in Delhi high court and also in Supreme Court.In Supreme Court before u argue a case u will have to get it filed by a Advocate on record.

Q: In which courts should a false state registered FIR should be opposed

The state had registered a false fir against me in collusion with private respondents. They have admitted to it in the SC. Now for.filing application for malacious procecution do i need to approach the high court or can i directly move the SC. The fir has been quashed by the SC on the first date itself .Kindly advice

Advocate Kapil Hooda answered
As the FIR has been quashed by the Supreme Court,you can file a case for malicious prosecution in the High court if you don't get relief there then move to SC which is unlikely to happen as Supreme Court has in number of decision s suggested to punish the police officers for lodging false FIRs against individuals for malicious prosecution.

Q: Can the petition be filed directly in supreme court

Can a person file a writ petition directly top the supreme court to challenge the issuance as well as signing of a bond (forced by the employer university on his employees who were in cease work for 14 days to protest illegal practices of the employer university) which contains terms like self-incrimination (admission of being a part of illegal strike which was declared by the employer university in the bond unilaterally without any court order) as well as terms containing of giving forced labour, acceptance of minimum wages by group D employees from the date decided by the University and MOST IMPORTANTLY the signing was a condition precedent for the resumption of the work after cease work and who have not signed they were terminated from service on the ground of non signing the same. The case arose in February 2012 and Tripura High Court disposed of the writ petition and asked the petitioner to exhaust alternative remedy and still the same is pending before alternative forum. Advise.

Advocate Kapil Hooda answered
Existence of alternate remedy is no bar to entertain a petition under article 32 of the Constitution.Supreme court has extra ordinary original writ jurisdiction under article 32 of the Constitution.So the answer to your first question is in yes.T wo points to be noted here .Firstly, a person can approach the Supreme Court by 'appropriate proceedings' under this article only if he/she claims that one of the rights guaranteed under Part III of the Constitution has been infringed/threatened .Secondly ,the remedy is available against the 'State' as defined in article 12 of the Constitution.The rights are not available against private organisations .However it is relevant to poi t out that over the years court has held that the remedy under article 32 is available not only when the e rights are directly infringed by the state,but where due to absence of law or inaction of the State ,rights of persons/citizens are violated ,and the Supreme Court can be approached for directions to the State to take action to ensure that the rights are not being violated by private persons.The right to move the court has been guaranteed for enforcement of fundamental rights and the Court can issue writs in the nature of habeous corpus,prohibition,certiorari,mandamus and quo waranto.The court has held that even if the petitioner has not formulated the reliefs in most desirable manner,that would be no ground to deny him the relief.Thats all.