Can final decree be passed on presumption:
Ashok Kuvadia
(Querist) 23 July 2013
This query is : Resolved
CAN FINAL DECREE BE PASSED ON PRESUMPTION? IS IT VALID?
(01) Dear Experts, in anticipation I am thankful to all of you for giving me your valued Opinion, which helps a lot to people like me who are fighting for Justice and their Rights in person and gives moral supports too.
(02) I have filed a Dispute at Co-operative Court, Mumbai, appearing in person since last Seven years, against my Society which is Co-operative Ownership Housing Society.
(03) Due to mental stress suffering since last seven years I get Cardiac problem and was hospitalized for same. When again I went to Court, I suffered a severe relapse in health and it suddenly started deteriorating. Cardiologist again advised complete rest without mental stress. I filed adjournment application, rejected by Court. Due to same, I could not file my final Written Argument and Court dispose matter rejecting my all plea (issues).
(04) In impugned order, Ld. Judge rejected my plea by holding that--
(a) In one of the circular of our Society it has mentioned--(i) “IN LAST THREE FOUR MEETING members shown interest to develop property”; and (ii) “Preliminary permission of the Municipal Corporation for TDR was obtained”. (But, there are no documents to support this claim).
(b) Ld. Judge hold while delivering order that-- therefore from this circular it can be inferred that there was meeting held for considering the issue of development of the building. Thus this goes to show about the possibility of meeting held on 30.03.2003.
(08) Thus, I believe that, Judge has given his findings merely on the bases of presumption of contents of circular wherein it has mentioned that- “IN LAST THREE FOUR MEETING members shown interest to develop property”.
MY QUERY:
(a) Can it be said that Ld. Judge has passed Order merely on the bases of presumption?
(b) Can Ld. Judge passed Order merely on the bases of presumption?
(c) Order passed merely on the bases of presumption is valid and lawful in the eyes of law?
(d) Any possible remedy please be suggested?
N.B.: Since I have kept my Query to limited issue only, therefore not explaining about whole matter.
Thanking all in anticipation, once again.
Ashok. (098691 02755)
Nadeem Qureshi
(Expert) 23 July 2013
contact a lawyer personally with all the documents
R.K Nanda
(Expert) 23 July 2013
consult local lawyer.
Rajendra K Goyal
(Expert) 23 July 2013
Agree contact a local lawyer personally with all documents.
Raj Kumar Makkad
(Expert) 24 July 2013
No decree can be passed on hypothetical facts or presumptions. The case is required to be proved as per evidence act.
