Disproportionate Asset Case
Querist :
Anonymous
(Querist) 19 November 2009
This query is : Resolved
I want to engage any helpful expert in the matter on any mutually agreed terms and condition. Basically, I would like to get clarification on various points related to the case.
I would be grateful for any help in the matter.
adv. rajeev ( rajoo )
(Expert) 19 November 2009
you have not asked any questions. you asked any questions learned members will help you.
G V S Jagannadha Rao
(Expert) 19 November 2009
I suggest you select an advocate who is an expert in handling ACB cases. You must take references from his clients and also rate him from his success percentange.
Raj Kumar Makkad
(Expert) 19 November 2009
I shall be better if you personalize your case as well as engage a lawyer fully accustomed with such like of cases and follow his guidelines.
Querist :
Anonymous
(Querist) 19 November 2009
Thanks.
Querist :
Anonymous
(Querist) 08 February 2011
1. I have been charged with DA (Disproportionate Assets ) Case on the instance of corrupt political masters.
2. First Charge Sheet failed, but bent on punishing me, Vigilance Department was directed to re-investigate my case.
3. I have commercial buildings and my main source or income comes from rents.
4. I always informed Government about my rental incomes through my Annual Assets & Liabilities Statements.
5. But the Vigilance Depatt. ignored my rental income almost completely and showed these buildings having remained vacant for 15 to 20 years.
6. The buildings are within commercial area and it is absurd to assume that they remained vacant for such a long period
7. Curiously, on the other hand, the Vigilance Deptt. collected the utility bills from these so called vacant building and showed them as my expenditure falsely.
8. Prior to start of re-investigation, I approached Vigilance Department and requested them to properly re-assess my rents. They did not.
9. Having no other recourse, I engaged Government approved Surveyor and assessed my rental income. Let us say this amount was Rs. X
10. Vigilance Department completed re-investigation and filed SUPPLEMENTARY CHARGE SHEET. Nonetheless, they had to reduce original DA amount by 30%. Say this final DA amount was Rs. Y.
13. Amount Rs. X ( my rental income ) is about 400% more than Rs. Y (DA amount).
15. Presently the case is at CC [ Consideration of Charges ] Stage.
16. But my problem is : Onus lies on me to prove the rental income, and if it is to be proven during trial, it will consume time and money.
17. Therefore, somehow, I wish that Court should order re-assessment of my rent on the various grounds stated above and I should receive RENTAL INCOME BENEFIT before the trial begins.
18. So, my problem / questions are :
1. Can I pray the court for re-assessment of my rental income prior to start of trial ?
2. Can I make above prayer at the CC stage ?
3. Is there any Court Order / precedence where a Court has ever allowed Defendant’s request of the nature stated above ?
4. What chances I have that my prayer will be heard by the court. Can I go to High Court if Lower Court refuses my prayers ?
Kindly Help.
