Advocate K.V. Muthu Kumar

Questions Answered by Advocate K.V. Muthu Kumar

Q: SC/ST person complained against for abusing with lower caste words

Sir/mam, One sc/st person complain against me and file a FIR. Yes its true that we fight and i abused him by calling sala harijan chamra..... Actually m personally nhi janta use kon h wo, office s e aate time he faced him on the road. Uske nbaad humari ladai surur hui, gusse me mane use mara or galiya bi di use chamr bula k or wo realty me SC/ST nikla. pas me kuchh log the jo aa gye or police ko bula lkiya gya fir FIR file ki gai. m obc cat se hun or probation period pe hu , abi 2 mhine huye hn jouin kiye, bail to mil gai pr kya, meri job pr koi risk h. Sunil

Advocate K.V. Muthu Kumar answered
No you cannot be removed from your service merely because there is an FIR/criminal case against you. You can only be removed from service only if you are convicted by a court. As you have obtained bail I would suggest you to submit yourself to the investigation and narrate the entire facts to them you can also approach the high court for quashing of proceedings

Q: Crime branch mentally harassing husband

Crime branch ia mentally harassing to mu husband in d name of investigation fr a muder case since last 3 mnth while my husband has no any name in FIR or no involvmnt in dis false case.. 

Advocate K.V. Muthu Kumar answered
Dear querist It is unfortunate to hear about your husband being harrassed by the crime branch police regarding an investigation in a murder case. Though there are various provisions in the code of Criminal procedure regarding the procedure to be adopted in process of investigation, there is no rule which curtails the right of an investigating agency to probe a person in manner they except for the fact that the person shall not be physically harmed during investigation. I am of the opinion that if your husband apprehends arrest he can file a petition for anticipatory bail. If he is still harrassed a writ petition before the High court can be filed to ensure that he is not repeatedly harrassed

Q: Legal Remedy in case girl friend threatens to file rape case on bf

I was in a relationship with my gf for 2 yrs. I never promised her to marry. Now she has threatened me to file a rape case nd exploitation case against me. She has picture of us in which she is bearing sindur in her mang. Can she file case against me?

Advocate K.V. Muthu Kumar answered
Dear querist A case can be filed by your girlfriend against you alleging all those charges against you. However I would suggest that you file a criminal complaint against her alleging extortion and harrassment before she proceeds to initiate any action against you.

Q: How to fight a case in CAT Delhi

sir i am a candidate of ssc cgl 2016 exam after filling the form in feb. 2016 ssc declared the final result on 5 august 2017 i finally got selected as income tax inspector but after declaration of result various failed candidates who were not selected on the ground that in tier 3 they have not compiled with the ssc instructions of filling the medium in which they will write descriptive answers and ssc has awarded them zero marks. CAT delhi has stayed the selected candidates joining and finally asked ssc to include them on the basis of merit in 3 months but now we selected candidates are in peril as many of us have resigned from previous jobs and now more and more litigation are filed in cat on similar grounds by those unselected candidates on similar ground and even after passing final judgement CAT further stayed the process of joining. plz tell us what to do in this situation. 

Advocate K.V. Muthu Kumar answered
Dear querist As far as your query shows that you have been a successful candidate and have been recruited as an income tax inspector. Please find out as to the specific case wherein your appointment has been stayed by CAT and file a petition to get impleaded before the case where your appointment is stayed if you are not made the party.

Q: Supreme court decided cases on professional misconduct.

Professional misconduct cases

Advocate K.V. Muthu Kumar answered
Sl. No. Particulars 1. Shed Khadim Hussain vs. State of Bihar (2006) 9SCC 295 2. Sheila Devi vs. Narbada Devi (2005) 13SCC 432 3. Dattaraj Nathuji Thaware vs. State of Maharashtra (2005) 1SCC 590 4. Dayashankar vs. O.J. Aldons (2004) 10SCC 148 5. State of U.P. vs. Johri Mal (2004) 4SCC 714 6. Ex-Capt. Harish Uppal vs. U.O.I. (2003) 2SCC 45 7. Vikas Deshpande vs. Bar Council of India (2003) 1SCC 384 8. (2003) 1SCC 37 9. Rajendra V. Pai vs. Alex Fernandez (2002) 4SCC 212 10. Bhupinder Kr. Sharma vs. Bar Association Pathankot (2002) 1SCC 470 11. N.G. Dastane vs. Shrikant S. Shivde (2001) 6SCC 135 12. D.P. Chadha vs. Triyugi Narain Mishra (2001) 2SCC 221 13. Ramon Services Pvt. Ltd. vs. Subhash Kapoor (2001) 1SCC 118 14. R.D. Saxena vs. Balram Prasad Sharma (2000) 7SCC 264 15. H.V. Panchasharappa vs. K.G. Eshwar (2000) 6SCC 721 16. Premier Cable Co. Ltd. vs. Commissioner of Income Tax, Cochin (1999) 3SCC 376 17. (1999) 1SCC 102 18. (1999) 3SCC 532 19. (1998) 4SCC 489 20. In Re: Vinay Chandra Mishra (1995) 2SCC 584 21. Harpal Singh Chauhan vs. State of U.P. (1993) 3SCC 552 22. . Bar Council of Maharashtra vs. MV Dabholkar (1976) 2 SCC 291