PT (NA) 25 December 2012

Limitation - tep - 498a

Hello Everybody, - I have a critical question on Limitation.

Marriage in 2001, Separation in 2006, IPC 498a Case filed on me in 2009. Wife and Father in Law (FIL) deposed in Chief Examination that Jewelry, Gifts, Dowry etc ~ 36 lacs spent in 2001 at time of marriage. FIL was state govt servant, I filed RTI and obtained salary detail. He was earning gross Rs 2.2 lacs in 2001.

Filed a 'Tax Evasion Petition' in Income Tax Dept in 2012. They refused saying there is 6yr limitation and they can only go back up until 2006/ 2007.

Q1) Are there any SC/ HC judgments that allow going over the limitation especially in a criminal case with serious false allegations.

Q2) What other alternatives do I have to prove that FIL false statements in deposition

Separately, FIL now retired is earning monthly pension. I have petitioned the state department to conduct enquiry and disciplinary proceedings and stop his pension, since he has admitted giving Dowry, Not filed Asset/ Liability statement, False statement in court of law etc. Unfortunately the state govt P&AR rules have limitation up to 4 year only

Q3) Any advice will help.

Thanks a lot

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4 Replies

rahul (director) 25 December 2012

file the info obtain that shows,, he was earning Rs 2.2 Lac in 2001.

how can he spent 36lac in marriage.

file appeal to commissioner Income tax to take action on your TEP.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 25 December 2012

Dear Querist

section 473 of Cr.PC says

Extension of period of limitation in certain cases.

Notwithstanding any thing contained in the foregoing provisions of this Chapter, any court may make cognizance of an offence after the expiry of the period of limitations, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.

Feel free to Call

Sudhir Kumar, Advocate (Advocate) 10 February 2013

S/473 will not apply in case of Pensin Rules. If the reported misconduct is four years old no action is tenable against pensioner. The same is the provision in Cetral Govt as well.

NGOKC (pm) 12 March 2013

Sir,

That interpretation may be incorrect, since discovery of misconduct stems from self-confessed statement that was made in 2009 hence you may try to challenge that in court using pil