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Discussion > Criminal Law > Others > Please help me   Unanswered Threads Post New Topic

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There are 18 Replies to this message


John


Lawyer
[ Scorecard : 36]
PRO CHAT CALL
Posted On 15 January 2010 at 23:07 Report Abuse

Hello Sir

I would kindly request you to confirm one thing from you

I am an Indian, living in India itself since birth. Someone has filed a case on me, in a court in the USA, for a case of forgery that is still going on in an Indian court. And this has been filed by me on them.

they have shown a notice to the court, which according to them has been sent to me but in actual nothing of this sort has been done. By hook or crook, they have taken courts order in their favour, which is entirely wrong.

So i would kindly to ask you to please tell me that is an Indian court bound to obey such orders of a court in the USA.

Kindly reply back asap.

Thanks

John Smith



Arup Kumar Gupta, Korba, Chattishgarh


(m)9893058429
[ Scorecard : 1963]
PRO CHAT CALL
Posted On 16 January 2010 at 23:31

indian court is not bound to obey the foreign court. if any case placed before the court by a competant authority then court goes through it's merits and demerits. if international trity is there or red corner notice is there, then court also see it. think monika - abu salem case.


RAJ KISHORE VAISH


TEACHER, CITIZEN OF INDIA
[ Scorecard : 546]
PRO CHAT CALL
Posted On 17 January 2010 at 10:56

DON'T CARE ........................................................................................................................................

HON'BLE CITIZEN'S

                  GET THE COPY OF JUDGEMEMT PASSED BY SUPREME COURT OF INDIA IN THE CONTEMPT PITITION NO.203 OF 1996 IN THE MATTER OF RAJ KISHORE VAISH  V/S THE ATTORNEY GENERAL OF INDIA AND OTHERS(FEW JUDGES OF HIGH COURT) DO ANY CRIME , ANY CORRUPTION  NOBODY CAN PUNISH YOU TILL THE ABOVE NOTED JUDGEMENT IS LIVE  ...........IN INDIA.

                            RAJ KISHORE VAISH

 


saranjeet R chhabda


student
[ Scorecard : 22]
PRO CHAT CALL
Posted On 17 January 2010 at 11:50

hi my name soniya and i m doing my LLM in criminology. This year i had to submit my dissertation but the problem is,  i had nt attended college due some personal problems. now i dnt know how to prepare dissertation even i dnt know what r doctrinal and non doctrinal reports. in simple way i can say what to ? from where to start i dnt know? will u pls help me out? i will be waiting for ur reply, bye


Arup Kumar Gupta, Korba, Chattishgarh


(m)9893058429
[ Scorecard : 1963]
PRO CHAT CALL
Posted On 17 January 2010 at 13:48

ms chhabda, it is better you start a new thread on this matter on criminal section. there you will get expert on the matter

 


John


Lawyer
[ Scorecard : 36]
PRO CHAT CALL
Posted On 17 January 2010 at 22:58

HON'BLE CITIZEN'S

                  GET THE COPY OF JUDGEMEMT PASSED BY SUPREME COURT OF INDIA IN THE CONTEMPT PITITION NO.203 OF 1996 IN THE MATTER OF RAJ KISHORE VAISH  V/S THE ATTORNEY GENERAL OF INDIA AND OTHERS(FEW JUDGES OF HIGH COURT) DO ANY CRIME , ANY CORRUPTION  NOBODY CAN PUNISH YOU TILL THE ABOVE NOTED JUDGEMENT IS LIVE  ...........IN INDIA.

                            RAJ KISHORE VAISH

Thanks for replying back and helping me out.

Sir, i tried to find it on the internet and also the official website of Supreme Court www.supremecourtofindia.nic.in But unfortunately i didn't find it anywhere. Can you please also tell me that from where can i get this.

I hope i am not disturbing you much. I am in desperate need of your help and expert guidance.

Waiting to hear back from your side.

Thankyou Sir.


John


Lawyer
[ Scorecard : 36]
PRO CHAT CALL
Posted On 17 January 2010 at 23:02

indian court is not bound to obey the foreign court. if any case placed before the court by a competant authority then court goes through it's merits and demerits. if international trity is there or red corner notice is there, then court also see it. think monika - abu salem case.

Thanks for replying back and helping me out.

Sir

Can you please can tell me from where can i get the Monika Bedi - Abu Salem's court case full details. This will greatly help me solve such a big problem that i am facing.

Sir, i tried to find it on the internet and also the official website of Supreme Court www.supremecourtofindia.nic.in But unfortunately i didn't find it anywhere.

I hope i am not disturbing you much. I am in desperate need of your help and expert guidance.

Waiting to hear back from your side.

Thankyou Sir.


Devajyoti Barman


Senior Partner
[ Scorecard : 50696]
PRO CHAT CALL
Posted On 18 January 2010 at 00:14

Mr John please bear in mind that the foreign judgement is teated as conclusive or operates as res judicata u/s 13 CPC unless the following cases applies:-

1. The foreign judgement was not by a competent court.

2. It was not on merits.

3.It was against International or Indian Law.

4.It was opposed to public policy.

5.It was obtained by force.

6. It was founded on the breach of Indian Law.

I believe the judgements passed in USA falls in any of these cases.


Arup Kumar Gupta, Korba, Chattishgarh


(m)9893058429
[ Scorecard : 1963]
PRO CHAT CALL
Posted On 18 January 2010 at 08:46

good ans by mr barman. I WANTED TO INFORM YOU THAT the foreign judgement /demand of an indian citizen is also, heared by a court, if it comes through proper channel, and action taken by going through it's merits and demerits.

pourtugal handed over, monika & abu salem to india; after the case win by india govt at portugal court.

it is a well settled international policy and govt of india follow it. your case will be decided at indian court first on it's merits. therefore you need not to worry, as you are a law abiding person.


M.Dhanasekar


-
[ Scorecard : 49]
PRO CHAT CALL
Posted On 18 January 2010 at 12:51

Dear RajKumar Sir,

Thanks for your reply.

As per your advice if i ask them for rendition of accounts,Mr. Jyothi raman will provide his duplicate bills stating the expenditure of building materials from the scrap about Rs.8,12,000 from M/s Sridevi associates. In such case could you please tel me the alternative.

When my brother applied for AB, I dont know why then the plantiff advocate said that it is a criminal case.section 506/2-represents criminal intimidation and 294-represents obscence which comes under criminal offence.
Another issue is why specifically my brother can take one plea.
Approximately How long will the case will survive?.
Suppose If the plantiff wins the suit and we dont have the paying capacity what shall be the out come and how to over come it sir.

Thanking you,
yours,
M.Dhanasekar

 
 
   


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