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Anonymous

posted 1 week ago

Q.Student
I had a small substance abuse case registered and disposed off in 2019. Will it affect me applying for a student visa?

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ANISH PALKAR

Experience: 13 Year(s)

Responded 1 week ago

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A. ) if the matter is disposed off. then no need to worry, as currently no case is running against you. Make sure you avoid such use of substance in future.
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ADV. ANISH PALKAR (High Court)

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Kishan Dutt Kalaskar Retired Judge

Experience: 34 Year(s)

Responded 1 week ago

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A. ) No, Be cool and never disclose.
Please give me Rank 5 if you feel my answer helped you.
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PETTY OFFENCES NO HURDLE FOR JOBS SUPREME COURT
Non disclosure of conviction in minor offences like traffic offences, railway offenses and other offence is not a substantial offence and not regular trial is held so supreme court says as follow. You should not disclose, nothing will happen. You will be safe.
==========================================================
PETTY OFFENCES NO HURDLE FOR JOBS SUPREME COURT
Supreme Court has ruled that non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job.
Coming to the rescue of student leaders who face difficulty in landing a job because of police cases for leading protests, the Supreme Court has ruled that non-disclosure of petty offences of the past, like shouting slogans, in the curriculum vitae should not ordinarily be a ground to deny a job.
"'McCarthyism' is antithesis to constitutional goal, chance of reformation has to be afforded to young offenders in suitable cases, interplay of reformative theory cannot be ruled out in toto nor can be generally applied but is one of the factors to be taken into consideration while exercising power for cancelling candidature or discharging an employee from service,“ a bench of Justices Ranjan Gogoi, Arun Mishra and P C Pant said.
Example:
• Railway fines and Attestation Form
I was fined Rs. 340 by Police at a Railway Station for crossing the Railway Tracks. I was made to sign some papers and they took my name, father's name, contact and local police station name. An entry was made in the Police Diary as well with my contact. However, I did not get the receipt and paid at the Police Unit on the station itself. Now I am in a dilemma as what to do with the Attestation Form for Government Jobs. The questionnaire in the Self declaration attestation form goes like this :

You may answer as follows in the above background:

a) Have you ever been arrested? Yes/No …No.
b) Have you ever been prosecuted? Yes/No ….No
c) Have you ever been kept under detention? Yes/No …No
d) Have you ever been bouned down? Yes/No …No.
e) Have you ever been fined by a Court of Law? Yes/No …No.
f) Have you ever been convicted by a Court of Law for any offence? Yes/No….No.
Section 188 in The Indian Penal Code
188. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an order promulgated by a public serv¬ant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple impris¬onment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.

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Rameshwar Dadhe

Experience: 4 Year(s)

Responded 1 week ago

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A. ) Don't warry sir nothing any issues

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SHANDILYAZ Advocates & Counsels

Experience: 15 Year(s)

Responded 1 week ago

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A. ) Depending on which country you are applying they ask for the criminal background cases against you so, when you have to fill that form you will have to mention it and put all the details. The Visa authorities might ask you for more explanation when you are invited for the interview.

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