Rahul
26 May 2018 at 21:56
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.
Madhu Mittal
26 May 2018 at 17:05
A circular no. c. 2619/2018 was issued by High court in exercise of the power under Article 227 of the Constitution of India, by issuing directions for cases u/s 138 N I Act, in which it is written that interest between 6% to 9% p.a. in addition to face amount of cheque should be got given to complainant. According to me, this is against Section 80 of N I Act in which it is written @ 18 p.a.
Please let me know whether Am I correct?
If challenged where in Supreme Court or High court under which section?
Anonymous
24 May 2018 at 23:16
Sir, Central govt. employee joined before 2004 get pension as per provision of The pension act 1871.
The act is still in force.The act is not ammended by the Parliament.
My question is how central govt. Introduce NEW PENSION SCHEME without modifying the old act ?
Can any gazette notification (for NPS) overrule any act and by-pass the Parliament ?
Rahul
15 May 2018 at 18:36
Hello, I am the husband and my marriage was solemnised on 24/04/2106,at my ancestral place which is my permanent residence also.I belong to uttarakhand and my wife lived with me at my place for 1.5 year and she was working as Bank employee.A daughter was born out of wedlock at my place.Now due to matrimonial difference she has started living with her parents at her parental place in another district of uttarkahnd.She has claimed permanent residence of that district now.
My question is, can my wife after marriage claim the permanent residence at her parental place after deserting me ??? Please advice
Sandeep
14 May 2018 at 19:20
Dear sir I work in Central government job of group D about 2 years . I also have been selected in Delhi police constable group C that is also under central government. The problem is that I have not applied through proper channel. Now I have put up resignation file on personal problem basis but resignation is not accepted due to shortage of man power. So I am in depression now. Can I join Delhi police without resignation or not because PRAN system is same at both place. Please help me sir.
Anonymous
11 May 2018 at 20:17
Sir I have worked about 2 years in Central government employee as MTS-1800 grade pay . Now I have selected in Delhi police constable-2000 grade pay. I have not intimate to the current department about this. Now I want to Resign from this on personal ground but department is not accepting my resignation and time to join Delhi police department is very less. I am in depression. Please suggest me sir. Please
Swetha Kothandaraman
30 April 2018 at 18:19
Respected Sir/Madam,
Please throw me the light for the below mentioned issue:
If a Hindu SC & ST's converted to other religion are they eligible for the
ASHESH KUMAR UPADHYAY
30 April 2018 at 14:49
when a person belongs to SC ST act and meanwhile he/she start to follow Buddhist relation . Then is he/she can be able to use SC ST act for his?
JAGADEESH
19 April 2018 at 18:12
Respected Sir/Madam,
Our Forefathers are belonging to ST (Kondh) caste and we are having 20 acres of land in Orissa, those lands were given to lease during 1970 and part amount Rs.3000/- have taken from the other party out of Rs.5000/-. After few years we have been asking them to handover the property to us by paying their amount, whereas, they have encroached the property and trying to change the documents by managing all officials. In this regard, our forefathers were engaged an advocate to get the support as they were illiterate (2nd Class Studied). The said advocate collected all original relevant documents from my forefathers and handed over to the other party including caste certificate original. Very recently we have applied for ROR patta in the district Sub-collectorate and found that the land is on the name of my forefather and the caste also mentioned as "Kondh" ST. Based on which we have applied for caste certificate at Tehsil Office, the respective Tehsildar is not accepting the application by claiming that we are not living in local. The Tehsildar informed the same message to other party and now the other party have filed a petition in Additional Land Commissioner that we have enrolled as BC caste in Andhra Pradesh after 1980s, as we do not have any proof of documents that as we belonging to the caste "Kondh".
Now our request is how to explain the answer to Additional Land Commissioner (in the Court) and also how to get the Caste Certificate as "Kondh".
Please suggest how to protect my Land from encroachment and how to approach ST Commission,
Thanking you,
R Satyanarayana
9666821844.
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Reservation review
Dear sir/Mam
As reservation was given on the basis of Social status during Independence period for 10 years.
I would like to know what is the provision or law to review present social status of people those have received reservation benefits.