Rakesh Kumar (gfgfg) 18 March 2011

Article 32 - right to apprach apex court directly

1) I have been victimised by a builder who has cheated me to the tune of 1 crores of rupees. I have all the necessary proof to proove that i have given this amount to the builder. Since all transactions were transparent and happenned through cheque and home loan from HDFC bank I hold receipts of every transaction.

2) Due to this I have lost my peace of mind and suffered serious heart complication.

Can i apprach the apex court directly on the basis that the builder has violated my fundamental right i.e Right to live.

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5 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 18 March 2011

You are alleging , whether you have evidence. If so lower courts provides you with ample opportunities to punish the guilty.

sumit (Advocate) 18 March 2011

Although under Article 32 a person has the right to approach the Apex Court directly, but such right is only available if any of the rights guranteed under Part III of the Constitution has been violated. Please take further note that in view of the peculiarity of you case, you can file a criminal complaint againt the builder.

Democratic Indian (n/a) 18 March 2011

Articles 32 and 226 are to approach Supreme and High Courts if your Fundamental Rights under Part III are violated by the State. Articles 32 and 226 cannot be used in case your rights are violated by individuals. For taking legal action against individuals for violating your rights, you can file civil/criminal cases. Therefore in your case as advised by Your Advocate and Sumit you can file criminal complaint against builder in lower courts.

VIRAJ KADAM (Advocate Supreme Court of India) 19 March 2011

NO. You cannot come to Supreme Court directly. Exhaust your remedy available at the Courts below.

Regards

VIRAJ KADAM

Adv. Supreme Court

(Guest)

Supreme Court of NRI( sorry India ) is reserved for the Gig boys say Hasan Ali s etc etc. You are small a fly in that no fly Zone. Try and break your head against the walls of that non-existence building . By the way how did you manage that one crore in the first place ?