Law is violated on sending telegram to judge ?
Ashok Kuvadia
(Querist) 09 May 2013
This query is : Resolved
IS ANY LAW OF THE LAND IS VIOLATED IN CONVEYING INFORMATION TO CO-OPERATIVE COURT JUDGE THROUGH TELEGRAM ?
Dear Experts,
(01) I have filed the Dispute in Co-operative Court, Mumbai. APPEARING IN PERSON. Totally we are four Disputants. Myself is Disputant No.1. No.2, 3 & 4 are my brother and sisters respectively. I am only the person amongst us acquainted with matter.
(02) I am suffering from Cardiac Problem due to stress and Doctors have advised me rest and not to take mental stress.
(03) Even though I compel to go to Court, because of some noting of Court, with my Sister Disputant no.3 on 24.04.2013. My condition deteriorated in Court (Started sweating, uneasiness in chest, B.P.- 200/120, Heart beat 140 per minutes) and due to same we had to leave Court immediately before our matter reach on board. Because of my condition we could not file application for leaving Court on same day.
(04) On next day i.e. on 25.04 Disputant no.3 my Sister went to the Court to submit application and to inform the reason about leaving Court. She sits there for about 3/4 hours, tried to draw attention of judge by request but he did not even look at her and lastly discharge board for the day without attending my Sister.
(05) Immediately on that day after Court discharged, she went to City Telegraph Office and send telegram of that application to Judge which we intend to file in Court.
(06) Likewise we made one more telegram to Judge which is adjournment application as per advice given to me by Doctor. Mentioning that due to some reason if we could not remain present in Court on date of matter then application sent through telegram may be taken on board.
(07) On the date of matter when my Sister Disputant no.3 appeared in Court. The Judge warn her orally not to send any telegram in future, otherwise he will send a notice to her. Warning given orally only.
(08) In our both the Telegram the reason for sending has been clearly mentioned. Both applications are humble & polite. No undiplomatic, unlawful languages used.
(09) I am a common man fighting for justice against a very rich builder.
My Query :-
(a) If Judge is not attending to us, then can we not send telegram to him to bring things on record ? Because otherwise things will never come on record.
(b) Have we made any breaches of law of the land in sending telegram to Judge ?
(c) What sort of notice can the Judge sent to us and what type of actions can he take against us, if we send him telegram in future ?
(d) Is there any provisions of law specifically by which we can bring the things on the record of the Court by sending telegram ?
(e) I am a common man fighting for justice against a very rich builder, could this be the reason for all such things ?
Thanking all in anticipation.
Ashok.
Devajyoti Barman
(Expert) 09 May 2013
1. You have to formally file those documents in court, telegram would not do.
2. Yes
3. Do not repeat this.
4.there is none.
5. consult local good advocate.
R.K Nanda
(Expert) 09 May 2013
contact local lawyer.
P. Venu
(Expert) 09 May 2013
Sending a telegram may not be proper, but no law is breached.
Raj Kumar Makkad
(Expert) 09 May 2013
Telegram of personal nature sent to a trial judge in a case is definitely a contempt of court as well as violation of law of land.
P. Venu
(Expert) 10 May 2013
The telegram had informed the Court of the querist's inability to attend the proceedings because of his precarious health. It did not contain anything which could have hindered or obstructed the due administration of justice in the court.
There is no reason why such an innocent communication from a person who has been appearing as party person be treated as contempt of court or violation of law of the land.
