Fraud on court
Raj Kumar
(Querist) 05 May 2014
This query is : Resolved
1.The trust is a registered Public Charitable Trust.
2. There are 2 sets of trustees each group claiming that they are the genuine Public Trust.
3. One group has secretly procured from a civil court that one of them is the real Chairman of the trust through a collusive degree.
4. Can the other group file a criminal complaint.
5. What civil action is possible.
Devajyoti Barman
(Expert) 05 May 2014
Criminal action lies only if there is commission of offence.
On such a scant information I am in no position to advise.
This is more a civil dispute than a criminal one.
If there is merit in the case then challenge the decree in higher court.
Advocate. Arunagiri
(Expert) 05 May 2014
You have to set aside the decree, in the appropriate court.
Even if the decree is obtained by fraud, you can not file a criminal case for that. But, you can file a petition for perjury in the same civil court.
prabhakar singh
(Expert) 05 May 2014
WHAT DOES EXPRESSION 'SECRET DECREE'MEANS ACCORDING TO YOU?
WAS OTHER GROUP NOT A PARTY TO IT?
OR IT HAS BEEN PASSED EXPARTE?
IF NOT A PARTY THEN 'SECRET DECREE' IS NOT BINDING BUT IF PASSED EX PARTE, APPLICATION TO SET ASIDE THE SAME IS THE REMEDY.
Rajendra K Goyal
(Expert) 05 May 2014
Consult a local lawyer and show him all the documents.
Raj Kumar
(Querist) 06 May 2014
Secret degree ? The court is not aware that there are 2 parties claiming to be trustees. One party filed a collusive case in civil court showing that 2 persons are claiming ownership and then got the degree by informing the court that they have settled the matter between themselves. This will adversely affect our rent eviction cases. Also, the party is threatening us that they will file FIR against us because we are collecting rent from 20 tenants of the Trust Property.
ROHIT SHARMA
(Expert) 06 May 2014
1. No civil court can read into the laws and the discretion of the Charity Commissioner who registers such trust.
2. The Pubic Trust Record is a documented extract that incorporates all such information about the locus standi of the trustees mentioned in such document.
3. The dispute about the legality of who are the trustees can be adjudicated before the Charity Commissioner instead of the civil court.
