Articles

Right To Live Includes Right To Die With Dignity, A Fundamental Right : Supreme Court

INTRODUCTION In a milestone verdict expanding the right to life to incorporate the right to die with dignity, the Supreme Court on 09-03-2018 l

Full Article

Uniform Civil Code in India

INTRODUCTION In almost all the nations, there is one civil code for all the citizens. The basic ideology behind the formulation of a civil code is

Full Article

Secularism in India

"I do not expect India of my dreams to develop one religion, i.e., to be wholly Hindu or wholly Christian or wholly Mussalman, but I want it to b

Full Article


More Articles




Experts Exchange

DID LOWER COURT SERVE 100% JUSTICE

Posted by Rahul

DID LOWER COURT REALLY SERVE
JUSTICE

No question on capability of our honourable judges. But did lower court really examine the fact of complainant?
Or it-s just a game of big lawyers?

In Faridabad the terror of private financier is on the move, and their targets are inexperienced youth of Faridabad. By lending quick loan at high rate of interest. And For security purpose they take 2/3 blank signed cheque and signed blank papers.
Once they suck whole blood of youngster by taking interest more than the triple of principal amount then they use blank cheques and blank signed papers as their weapons and file case in the court.

More than 90% of these financiers are unregistered. It-s illegal to give money on interest without registration of the finance company
So they take a shield of FRIENDLY LOAN
As there case ground.
There is no limit on the amount of so called friendly loan. And no questions asked by court to the complainant to describe this friendly loan. It-s like-
A gives 1 lac rupee to B as a friendly loan W gives 5 lac rupees to X as friendly loan
Y give 10 lac rupees to Z as friendly loan
Etc etc etc etc etcetc etc as friendly loan.

Many victims paid more than 15 lac rupees as interest but the principal amount of 2 lac remain outstanding and it goes on and on
The day financier saw nothing is left in the debtor, but to make sure that

ONCE A DEBTOR ALWAYS A DEBTOR

Financier distribute blank cheques to their friends and the cheque amount calculation done on the bases of debtor family. How much a debtor family can pay.

If a youngster belongs to a good family then they will fill 4-5 lac rs in each cheque
And the ground of each case will be FRIENDLY LOAN.

EMAGINE THE MENTAL LEVEL OF THE YOUNGSTER WHO IS SUFFERING FROM THIS TORTURE.
THIS IS THE STAGE WHERE MOST OF THE YOUNGSTER LOOSE THERE CONFIDENCE, THEIR INNOCENCE, THEIR SELF RESPECT AND MOST IMPORTANTLY THEIR CONTROL POWER OVER THE DRUGS AND WINE.

It's like a thief who entered a house. Stole a blank sign cheque. Some times a single missing cheque is hard to notice. Fill the cheque according to his need and present in the bank. If it gets bounce or even stop payment return, then he will file a court case and come in front of you with his group of 6/7 guys in court.
And you could not do anything but to face the trial as a accused
No wonder his chance of winning the case is much more than an accused

If court get strict on his level and examine the facts of the complainant can bring a big revolution on positive note.

Everybody knows the income tax is a right of government. Anybody who doesn't pay income tax despite earning a good income known as a thief. And it's court who gives the punishment to income tax thief.

The biggest concern is when a complainant files a case against anyone of 5,6,7,8,9,10 and more lac of rupees, the court somewhere gives favour to the complainant.
Which prove to be a disaster for the defendant.
At one side court punish the people who don't pay the income tax
On another side, the court gives back up to the individual who claims lacs of rupees given as FRIENDLY LOAN but never filed INCOME TAX RETURN.
Still, if the court gives the benefit of the doubt then at least court should look forward to it that mode of payment should be from a bank, not cash.

Complainant stands tall in the courtroom. Admit not filing income tax return and made cash dealing of lacs and lacs of rupees in front of an honourable judge but it doesn't matter to court at all.

At the time of dealing if a person doesn't use his bank for the transaction then why he demands money through cheque...

For who don't know about the friendly loan. The friendly loan is just an oral agreement. Nothing on written so no possibility of signing that.

Why our court is standing with unregistered financiers? Just because they say it a friendly loan. And court believes the ghost of financiers or court is in favour of work overload.
If court order that people's claiming above two lac Rs but not filing the ITR return, cases will not be entertain. Then more than 80% of cases will perish from court.
Not only that there would be a rapid increase in the income tax revenue, it will close the window of fraud cases more than up to 65%, people will register their company properly. The sense of responsibility will develop in the brain of financiers.

Five out of ten youngsters of Faridabad are getting influenced by the unregistered financier's rapid growth (involving some guys related with Congress) and youngsters are following them and choosing unregistered finance line as their profession... Which means one more group into unsocial work, one more group of income tax thief, one more group of exploitation and importantly one more group to file cases in the court.

A government bank employee Mr Mangla a purely middle-class family man who spent his whole life in a bank. Well educated, he himself knows if a man needs to withdraw a huge amount of cash from the account the manager signature is required on the cheque. Which clearly States that every bank is in favour of cheque/DD/net banking transaction. Banks avoid cash dealings. Mr mangla filed 2 cases in court against a man. Mr mangla.is Employee of bank But still give FRIENDLY LOAN of 5 lac Rs in CASH. mr mangla-s son who have no source of income which clearly brief that it's actually Mr manga who gives one more FRIENDLY LOAN of 5 lac rupees in CASH.
5+5-10 lac Rs given so-called FRIENDLY LOAN IN CASH. Both cases are going on in court.
HANG ON! Mr mangla is yet not finished. He filed a case against a 27 yr old boy. Mr manga claiming that he purchases a shop from a 27 yr old youngster at 50 lac Rs in CASH, And the boy says that he took 10 lac Rs on interest from.mr manga. And Mr mangla took signatures on blank papers and on blank cheque FOR SECURITY, And now blank papers are forgly transformed in sale agreement and cash receipt.
Mr mangla-s mode of payment of fifty lac rupees is not through bank, the mode of payment of fifty lac rupees is CASH. mr mangla witness clearly denied any type of sale deal in front of him. It's just a pressure of senior colleague to sign the affidavit as a witness.
The real price of the property is Rs two crore fifteen lac. ( certified and attested by government approved valuer)
The agreement to sell is an unregistered agreement.
Mr mangla said at the time of signing the agreement to sell in court, at the same time he gave 50 lac Rs in court. (50 bundles of one lac rs)
But the date of cash receipt is different from the date of the agreement.
Mr mangla never got possession of the shop.
Mr mangla don't know the size of shop.
Mr Mangla paid 50 lac Rs cash in one shot.
Mr mangla don't know the per square feet rate of the shop.
Once a man makes full payment of the property the first step is to go for a registry of the property.
According to Mr mangla, the youngster told him that registry of a particular area is closed by the government
The fact is government never closes the registry of the particular area. And Mr mangla workplace and the property is in the same area.
Mr mangla first witness is his real brother so the credibility of his statement is very less. And second witness denied the sale deal in front of him.
Law says
WHEN THE DEFENDANT SPECIFICALLY DENIES THE EXECUTION OF SALE AGREEMENT THEN IT IS THE BURDEN OF PLANTIFF TO PROVE THE SALE AGREEMENT IS GENUINE ONE BY EXAMING THE WITNESS SIGNED IN THE SALE AGREEMENT AND ITS EXECUTANT. AND IF BURDEN OF THE PROOF HAS NOT BEEN DISCHARGED BY THE PLANTIFF. THE SO-CALLED AGREEMENT CAN NOT STAND IN THE EYE OF LAW.-

The effect of the decision will definitely play an important role in a youngster life and his faith in truth.
What will happen if the court overlooks their own law?

What will be the state of mind the youngster will suffer if justice is not served by the court.

What will happen if youngster lost his only source of earning despite all the truth?

What will happen if the court decision snatches his dad sign of love as the youngster lost his father at the age of 17?

What will happen to youngster family who have to marry a girl in the home?

What will be state of mind if the youngster came to know that justice is denied and he has to hand over his more than 2 crore Rs property in ten lac rupees?

Mr Mangla smiles on the face of the defendant and say that he will win the case within 3 yrs because of strong backup, the game is of high profile lawyers and the trial is just a time pass. as his lawyer is a retired judge?

What will happen if Mr mangla statement turns the table of justice?

SOME CASES ARE AS PURE AS WATER. LIKE THIS CASE WHERE NO ROCKET SCIENCE IS REQUIRED TO SEE THE TRUTH.


Actually, JUSTICE DENIED and Mr mangla won the case.





















Read Expert Opinion

More Experts Queries


Updated on : 28/05/2018 07:52:02





×

  LAWyersclubindia Menu