Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     09 May 2011

Judgement is based on lies - Want help for correctionst

Dt: May 9, 2011

Dear All,

Need help for following: A matter that was pending for more than 20 months was filed in court. Court pronounced its order. The other side did not obey it. A) It did not even correspond with the complainant. B) It did not file reply, compliance report to order with court also. Contempt was filed. In CP, following illegalities have occured

1) Illegal adjournment  -

(A) No vakalatnama, no memo of appearance. – These important facts were withheld from the court. So there is NO authorised counsel in case. Where is the question of counsel being substituted by a PROXY? Yet it was allowed.

(B) Counsel not listed in court’s daily cause list, no request at beginning of session, other party has NOT given NOC (No objection certificate)

2) After proceedings started, an unscheduled stranger suddenly claimed to be PROXY and requested for adjournment. Judge declined and said decision will be pronounced. He then made a false promise. Judge then gave them a adjournment with stern warning.

3) That judge did not chair on next day of hearing after 4 days. Promise in court has not been kept up.

4) Other side did not serve mandatory reply.

5) It bypassed court registry.

6) Other side then secretively submitted a legally untenable reply to bench in court and thrust a copy to complaint. – IT VIOLATES ETHICS, FAIR TRIAL.

It is nothing short of ambush.

- As contents were not even known, the contentions were not even known, let alone adding value to court proceedings. Complainant did a mistake by not asking time to file rejoinder.

Court pronounced order and closed CP.

 

This so called reply could be analysed only much later. It reveals following:

7)  The court order that caused Contempt Petition itself has been MISREPRESENTED

8) This so called reply violates 7 mandatory court rules.

 

Above has caused lot of injustice. Contemnors have done this deliberately.

 

Now, how to  get adjournment cancelled? (Appearance of that PROXY itself is invalid). Case has to be taken back to that day. Legal position on that day is 'After contempt notice, for decision'.

(Note: This request has been drafted in hurry. Errors if any in diction, construction are inadvertent and are  sincerely regretted)

Thank You,

P. Suresh



Learning

 4 Replies

Arup (UNEMPLOYED)     09 May 2011

NOT CLEAR, WHAT YOU WANT TO SAY?

Arup (UNEMPLOYED)     09 May 2011

NOT CLEAR, WHAT YOU WANT TO SAY?

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     10 May 2011

Dt: May 10, 2011

 

Dear Sir,

This case has been lodged with CAT which has derived its rules from CPC. Trust facts recorded is sufficient enough. Now coming to predicament, careful analysis (which is being done retrospectively now) clearly establishes that undersigned has distinctly won the case at the second stage i.e. CP and is eligible for legally earned benefits. But, he has not got justice as other side has violated all rules (even mandatory rules), has resorted to illegalities. These violations have been so sudden, so coy that it was not even detected. Court had only one hearing, straight away consumed illegalities and closed CP hurriedly.

 

 

  1. ADJOURNMENT – Illegality of Counsel’s presence:

·         CPC is very clear that ‘Vakalatnama’, ‘Memo of appearance’ is mandatory for appointing a counsel in the case. Thus, if these are not there in a case, then no counsel should interfere in course of justice.

·         Thus, when a counsel itself is illegal in a case, how can a PROXY counsel become legal?

·         So, whatever he does in a case is ILLEGAL. This individual actually pleaded for more time.

  1. ADJOURNMENT – Promise in court has been broken:

·          When the judge was clear that it will not be allowed and that a judgment will be pronounced, this unscheduled, illegal stranger MADE A PROMISE in COURT. This promise also has not been kept up.

  1. ADJOURNMENT – Violation of rules that govern adjournment:

·         CAT rules clearly mandates that NOC (No Objection Certificate) from other party is a MUST and that it should have been got ATLEAST ONE DAY before date already listed in daily cause list.

·         CAT rules are also clear that request for adjournments should be placed only before the court begins its session and NOT during the court proceedings.

·         CPC –Order 47 is also very clear on what are the circumstances under which a court can use discretionary power, also states what are NOT valid grounds and clearly states that reasons should be clearly recorded. – Thus, in the absence of clear recording, it is obvious that such an order is not absolutely legal and binding.

 

 

  1. ACID to wound:

·         Unfortunately, judge who gave the adjournment was not in chair and another judge heard the case the next day.

·      The other side did not give the reply at all. This is height of rule violations.

·         There are 2 gross violations at the face of the so called reply and definitely will shock the conscious of all JUST individuals.

·         The original order, noncompliance of which caused the contempt petition has itself been MISREPRESENTED on oath!!!!

·         There are 7 violation of mandatory CAT rules (Discovered retrospectively and not at time of hearing as other side did not give the reply  at all).

·         Yet that judge closed the CP hurriedly. Undersigned has NOT got a fair trial as is enshrined in law.

 

 

5.  Retrospections:

·         Both the cryptic order giving adjournment and a cryptic order to close CP do not stand test of natural justice. These do not auger well for justice. Apart from violating mandatory rules the court has intentionally been misled, fed with LIES on oath, MISREPRESENTATION of COURT ORDER on oath.

·         It impedes natural justice in itself. Apart from eclipsing undersigned’s rights, it impedes natural justice too.

6.  THE LEGAL QUESTION: As there are so many gross violations which are NOT AT ALL justice, can a) Adjournment b) Order in CP not be reviewed and nullified as per provisions in CPC for review of decisions that are based on false submissions, recovery of evidence that did not exist at the time of decision?

7.  HUMANITARIAN ASPECT:

·         Any guess on immense irreparable losses that undersigned has incurred due to this illegality?

·         The God in this mortal soul knows the amount of pain that it has borne, the amount of humiliations that it has borne, the losses that it has had to undergo to bring this case to this legal status. The soul is V.V….. V deeply hurt, pained at what all has happened.

 

 

Sir, unfortunately, all these are retrospective analysis of what all happened, their legal standing etc. So, help is now being sought on rules that can be invoked to get due justice.

 

Thank You,

 

                                                                                                          Sincerely,

 

P. Suresh


Attached File : 38 38 lawyer.doc downloaded: 113 times

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     10 May 2011

 

Date: May 10, 2011

Dear Sir,

This communiqué is to clarify on one matter that is not very obvious. The meaning, expectation out of the word: ‘Due justice’. Sir, it has already been recorded in 3rd sentence of the earlier communiqué i.e. the distinct victory at the 2nd stage of the case i.e. uncontested victory in CP. Undersigned desires that court should decide the case as on that day.

Undersigned desires that:

1.      Contemnors should be PUNISHED as per law

[Sir, there is not much of personal aspects that motivate this strong request. It is being insisted upon so vehemently as:

i) It is ardent desire to get an exemplary role model verdict that will cleanse the nation, administration per se and enable India regain her due position in the world through its own specialties: Kindness, honesty, ingenuity, hard work and not through so called MOD-ern-ITY; concrete jungles; mining, destroying forests, rivers, mountains; fads, illusions; military might; abilities in conspiracy, spying etc. In fact, undersigned authentically envisions enabling a quiet, elite universal revolution in itself that would usher in a wonderful, perpetually self sustainable, perpetually happy, perpetually potent, well to do, uniform, science based civilization that would usher in dignity, happiness, enablement for all animate and inanimate universal constituents across the universe. If India would have to sustain such a perpetually potent, perpetually non-demanding, perpetually self sustainable livelihood, then India, considered to be amongst most populous of countries would have to go in for POPULATION PROMOTION schemes!!!!

ii) Greed, conspiracy, ruthlessness, arrogance has motivated contemnors to cross all human limits and it has become a routine that has already consumed several millions and several more will get consumed if this is allowed to continue so perpetually, so authorisedly. Factually, it is a scam that needs to be made public.]

 

2.      At least minimal reliefs to undersigned as per law.

 

Thank You,

 

                                                                        Sincerely,

 

P. Suresh

 

 


Attached File : 32 32 lawyer 1.doc downloaded: 92 times

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register