I had filed a civil suit in a civil court in Maharashtra. However, the Hon'ble Court ordered a return of plaint for presenting it to proper court as it was of the opinion that it has got no jurisdiction under one central legislation. I've not filed any appeal to the appellate court. Can I get my court fees refunded? If yes, how much and if not, why?
Subject : Case against complaniant Message : My friend was convicted in a case under PCA ACT and the apeal for suspension of sentence was admitted in the appealant court and case is listed for as per term.During the coure of prosecution and defence evidence it came on record that the complaniant had strong enmity with the convict. The complaniant used to threaten the convict which was brought in the knowledge of the department where the convict was the public servant prior to the registration of the case against the convict.Infact strong evidence came to the record during the trial of the case that the complanian t not only was threatening the convict but his son and nephew assaulted the convict with wodden bats after bolting the door of convict office from inside. The assault was carried out on the convict only 1 day prior to the registration of the bribery case against the convict.The matter was brought in the knowledge of the higher officers of the convict by his immediate boss after his arrest and subsequent suspension.The evidence is on record not only by the defence witness who happened to be on the site of the assault but also in the form of documentary evidence which is exhibited in the court during trial. However the trial court quite surprisingly not only ignored the evidence against the convict and convicted him but also failed top register any case against the complainant for assaulting a goverment servant on duty. The case is 4 years old and conviction was made only a year earlier. Kindly advice that if any case can be registered against the complainant at the basis of evidence led in the court and what is the procedure for it? Regards Amit Sent to : Admin on 13 August 2012