rajvinder singh
20 December 2010 at 20:18
custody of registration certificate during pendency of crimanal case ,whether can be taken,if yes under which provision,any judgement if any.
Padma
20 December 2010 at 19:24
Respected Members
Please advise me on the following
My brother booked a flat in March 2006 with a reputed builder by taking a bank loan ( bank authorised by the builder)
He was paying the instalments even before they became due. However, due to the miscommunication between the subordinate staff , a few of the staff started demanding instalments from my brother even before they became due and when we went in person to ask the staff why they are asking money when they are not due, they threatned us to surrender the flat (because the flat cost in that area had risen by 50% since the time we booked and the initial commission was taken by a staff who no longer existed in the company at that time - october 2006)
Hence from the next payment - november 2006 , my brother sent all the payments through BANK CHEQUE and then through RPAD. All of them were acknowledged and the payments were realised by the builder's staff but they did not construct our flat alone and left it halfway (without doing the interiors), but the other flats in the said place was constructed. When we approached the Managing Director of the company, he also refused to further talk to us after realising the entire money (around 25 lakhs) We were paying the EMI to the bank without any due and without our flat being constructed. Our flat was due to be handed to us in the month of September 2007, but since our flat remained as it is, we sent a letter to the MD, asking politely as to when the flat will be handed to us and sent subsequent remainders till March 2008. Most of the houses were occupied in that area whereas our house was not constructed. In june 2008, the builder's company filed 2 cases - one against my brother and one on my mother.
Against my brother it was a civil case - wherein the builder mentioned that my brother did not pay instalments to him on time, hence he did not construct the flat and said that there has been a increase in the construction material cost hence my brother has to pay the escalated cost of RS 5 lakhs so that he can construct the house, else he will give back the amount already procured from my brother towards instalments after deducting the handling charges.
Against my mother it was a criminal case - wherein it was said that my mother shouted at the builders office on a particular date and said that her son (my brother -f lat owner) of the flat will not pay the instalments and they have to construct the house and mentioned that my mother used abusive language on the staff of the builder and because of which they were stunned , shocked etc. Also many statements made on the criminal case was relating to the non payment of instalment by my brother - which is untrue and the main reason for filing such a criminal case is so that we will surrender the flat to the builder and they can sell the flat for a higher amount - that is for 50 lakhs or more than that.
We got STAY from the HIGH COURT for both these cases during AUGUST 2008.
Subsequently, we presented a petition in the HIGH COURT and proved that
We have paid all the instalments on time
We have not defaulted any payment
There is no clause mentioned for escalated construction costs in the construction agreement
We have paid in excess to the builder but it is vengeance on the part of the subordinates that this case has emerged and requested that the flat be constructed as per the agreement, excess amount be refunded back to us, then the request for giving the documents concering the flat be given to us, and finally the false criminal case be withdrawn by the builder.
We won in our civil case, and as per the advise of the honorable judge, the builder constructed our flat and handed the documents to us. But the excess amount was not refunded to us. We did not ask the amount from the builder. We got possession of the flat in DECEMBER 2008.
The CIVIL CASE is over but the CRIMINAL CASE is continuing
The builder's representative told us that he will withdraw the criminal case , but till now he has not withdrawan the case or vacated the stay that we got in August 2008.
Once in every 2 months , the criminal case comes for hearing and my mother appears for the case at the magistrate court.
Since we have the stay, she presents a memo in person to the magistrate and the case gets adjourned.
In the last hearing the magistrate himself advised my mother to inform all these facts in the high court and get the criminal case quashed so that he can end the case in the Magistrate Court also.
Moreover, for the past 1 year the complainant is not coming to the court and only his advocate is coming. The complainant is the authorised signatory of the builder and we heard that he has left the company.
Also this is a private case.
We have proofs to state that the statements made in the criminal case is false.
For quashing the false criminal case, now what should we do?
Can my mother file a petition in the high court for the same as PARTY IN PERSON?
If so, after explaing the facts and validating the same, how long will this take to get over?
Or will going to LOK ADALAT solve this issue.
What is the procedure to approach the same?
Also the other party - the builder or his representative will not come to the lok adalat. But we have facts and proofs to state all this is false and has happened because of the subordinate of the builder. Can one party go to lok adalat in the given circumstances?
Or is there any other alternative mode to solve this case
Please advise
Thanks,
Padma
RENIN
20 December 2010 at 17:09
1.Kindly let me know about the sequence of procedures (and the time lag for each) to be followed to file a criminal appeal(appeal confirmed at HC) at SC of India.
2.what is the shortest possible time within which an appeal could be filed along with the bail order to release the accused who is in jail.
3.can we manage to get the appeal filed at SC of India and get a bail if the accused is absconding without rendering himself surrendering.If so on what grounds.
4.Is there any possibility of getting an anticipatory bail at SC in anticipation of an accused being confirmed by HC on his offeces.
Balaji Bakthavathsal
20 December 2010 at 12:11
My elder brother who died in the year 1991 was buried in our family burial ground and tomb was constructed in his memory. The family burial ground was in a civil dispute and the judgment went in favour of the opponent party in the year 1996. The opponent party later demolished the tomb and converted the burial ground into residential plots. We are not aware when the tomb was destroyed. Now the question is :
1) Whether the action of the opponent i.e. destroying the tomb without intimating the family members is in order though the court delivered judgment in his favour ?
2) Can we file a criminal complaint on the opponent for destroying the tomb after a period of about 4 or 5 years ?
Parvez A G
20 December 2010 at 09:45
Thanks all the EXPERTS for valuable advice and now she has file Maintenence under CRPC 125 for maintenence for her and my baby girl which she app 2 years but i have produce her income tax return where she has filed returns 2006-2007 to 2008-2009 and the allegation of having wanted baby boy. We have submitted the photograph in hospitally all the family members were happy and the sixthday was celebrated in my wife house and the one and half month stay of her in her parent house for rest. there also we have taken that we were taking due care of her. So i would like to know what kind of judgement would come if i have submitted the document in Family Court Ahmedabad.. After she file a Domestic Violence act on me and i have already appeared before the magistrate but the stage of Proof that my wife have to submitt in the court but till date they have not submitted as her word can be taken on oath as proof evidence ? How it is possible that she ask from both side and can i submit the same document before the magistrate. If she has not to been subjected to Domestic Violence as she was away from 1.9 month and we have made a application Mahila Crime Branch to call on (21/03/2010)her back before they file a case 498a on 24/03/2010. So what can i do in CRPC125 and DV act.
Parvez A G
20 December 2010 at 09:43
Thanks all the EXPERTS for valuable advice and now she has file Maintenence under CRPC 125 for maintenence for her and my baby girl which she app 2 years but i have produce her income tax return where she has filed returns 2006-2007 to 2008-2009 and the allegation of having wanted baby boy. We have submitted the photograph in hospitally all the family members were happy and the sixthday was celebrated in my wife house and the one and half month stay of her in her parent house for rest. there also we have taken that we were taking due care of her. So i would like to know what kind of judgement would come if i have submitted the document in Family Court Ahmedabad.. After she file a Domestic Violence act on me and i have already appeared before the magistrate but the stage of Proof that my wife have to submitt in the court but till date they have not submitted as her word can be taken on oath as proof evidence ? How it is possible that she ask from both side and can i submit the same document before the magistrate. If she has not to been subjected to Domestic Violence as she was away from 1.9 month and we have made a application Mahila Crime Branch to call on (21/03/2010)her back before they file a case 498a on 24/03/2010. So what can i do in CRPC125 and DV act.
Om Prakash Dhusia
20 December 2010 at 07:55
Advocates duo Mr.Rajoo & Mr.Subramaniam:Thanks for the valuable piece of advice but irony is that this can only be explained during appeal in the H'ble High Court and my intention is not the aquittal at H.H.C because appeal itself would take atleast ten years or so in the present status of cases in H.H.C at Lucknow and till then we would be castigated in the society for being criminals.
Could you pls. suggest any immediate action I can undertake against that erring Judge?
The original has been lost from the court and sirs I am not kidding and they have only the carbon copy and in order to save his skin,as per judge, has initiated enquiry against the hapless lower ranking clerks etc and we as accused do not have the copy of the copy of that carbon copy of that statement either. I've decided to submiit an application to the H'ble Chief justice at H.H.C.Allahabad, would it suffice?
Om Prakash Dhusia
20 December 2010 at 06:37
Sir, if due to ineptness, carelessness and lethrgic approach towards a criminal case at Sessions Court led to the conviction and it was observed that the defence lawyer found wandering for simple logics, can he be brought to book in lawyer's bar association and where can the victim approach if the case was at Lucknow and the lawyer normaly practice at Kanpur?
Om Prakash Dhusia
20 December 2010 at 06:29
Dear Sir, someone suggested that ofcourse judge can use the carbon copy statement of PW for conviction of the accused,whereas the original found missing and its whereabouts are not known so far.Then what does section 65 of Indian Evidence Act 1872 stand for? Is this act only for the general public and not for the judges who are duty bound to safeguard the society for any wrongdoings but they themselves are allowed to forgo those acts and commit blunders?
Kindly shed light on this.
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