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krunal (Engineer)     11 April 2015

Rti in judiciary

Dear Sirs,

I had a shop which I had given on Leave and License to a person around 6 yrs ago, without any resigtration as our financial situation was very poor at that time to even pay the registration fees.

Till some time back, everything was fine and we were getting our rent regularly.

Now, after so many years, when we were asking him to vacate our shop or atleast do a proper registration of Leave and License - the person is troubling us and has filed a completely false and baseless suit in the civil court claiming that we had given him the shop on Pagdi system and therefore, we cannot ask him to vacate the shop.

He doesnt have any of the documents to prove his point and it is just a tactic used by him to buy more and more time as the case has already run into 3 yrs without a single hearing. His purpose is clear that he wants to eat away our property by just dragging the case in court so that it takes years.

I also have the knowledge that he has done such fraud on 3 more people and has filed such fraud cases against them also.

I would like to know - on what basis does our courts accepts the cases which are filed. Dont they look for any prima facie proof to know that the case being filed is genuine or a fraud one.

Can I file a RTI in the judiciary to know on what document basis was the case filed against us accepted and why still after more than 3 yrs, there is absolutely no progress on the case.

Your help will sincerely be helpful.

Regards,

 



Learning

 5 Replies

cyberlawyer (barrister)     11 April 2015

The information which you seek for cannot be sought by filing RTI application as the judge while giving his verdict will state on what basis he decrees or dismisses the suit. At this juncture i would say , that it is your advocate who has to pressurize the court by his tactics to expedite the proceeding. If an interim stay is ordered or the stay made absolute there must be some document on the basis of which the judge would have relied upon. Moreover since there is no written instrument, the suit will most probably be dismissed provided the judge is not biased by any means. Hope you understood. If you want to peruse the documents filed by the plaintiff, you can ask your advocate to apply for certified copies. Your advocate himself would have guided you about this, didnt you ask him ?


(Guest)

sir,
just a clarification -
is it possible to claim the legal fees from the plaintiff for filing a false case and the mental harrassment caused.will the case gets dismissed along with a penalty for the plaintiff for taking courts time and effort, in this case..the above mentioned scenario seem to be the tactics used by few crooked minded tenant these days

krunal (Engineer)     18 April 2015

Thank you sir for your reply,

I have tried to take a lot of follow up with my lawyer and ask him to use his experience to at least have the process move ahead in the court. But nothing seems to work.

1)  When I enquired with my lawyer - there are absolutely no documents which are submitted in the court by the plaintiff to  claim whatever he has said the court. He is just buying time to use my shop for his business purpose. 

I, thereby wanted to know if a RTI query to the judiciary can justify to me on what basis is the suit not still dismissed by the court.

I also have a record which shows he has filed similar cases against 3 more people and is using their property in the same way. I tried to argue with my lawyer to file a criminal case against him on this ground. However, my lawyer says - this cannot be the basis for a criminal suit.

2) Currently, even after 3 yrs - our case details has not even come in front of the judge and we just keep on getting new date everytime sometimes after 2-3 months.

3) When the suit was filed by the plaintiff, my lawyer had asked the court for the jurisdiction change to some other court as my property value is >50 lacs. 

Even after more than 2 yrs of asking this to the court, the court has not even come to a conclusion on this request and this is the current state at which the matter stands.

I feel sorry to say but it seems our Indian judiciary is not for us common citizens but for people with such crooked minds who know how to use the system.

Our judiciary fails to understand "Delayed justice is of no use to the citizens"

If I get my shop after 15-20 yrs, it wont be of any use to me or my parents (who would have already suffered a lot by then and would have given up)

Such a huge pile of cases are pending in the courts and I am sure many of them would be false and fraud cases like this (without any substance) . Bcoz of such cases, the genuine legal cases also suffer.

I am pretty sure, no person in some developed country would dare to file such baseless cases in the courts since they would be afraid of the punishments. This is not the case in India where people are not even afraid to do heinous crimes also because of our weak system to give punishments or to send out a strong message.

I am sorry for the strong words I use, but I feel its time our judiciary becomes stronger against these anti social elements.

Sir, if you can give me some legal advice on how can i have this matter expedited by any means, I would really be grateful.

Thanking you.


(Guest)

many of the things were not done right at he beginning or procedure not followed in our country resulting in pile up of so many cases in the court.if we are comparing our judicial system with developed  countries,
then we need to consider that , in developed countries

1. things doesnt happen based on trust
2.thing doesnt happen without anything in writing or getting into an agreement.
3. things are not taken granted when it comes to financial transactions even with  well know/friends

you skipped the law of registration procedure stating some financial situation and NOW you want the law to act just because you are at loss.

krunal (Engineer)     19 April 2015

Yes, I agree it was a mistake on our part in the first place & 

Yes, I apologize for any strong comments I made on our judicial system.

But I do sincerely hope that - no matter how long it takes for the court to give a judgement on this, there is some punishment (monetary or otherwise) given for filing such false cases so that it at least acts a deterrant.

Because as I mentioned earlier, the plaintiff is already doing this to 3 more parties (including us).

Dear sirs - I once again want to request you for any legal advice which you can give me so that I can legally fight such people. (My motive is not just to get my shop back, but to find out what can be done in such situations so that it may be of help to a larger section of people and also empower us common people in knowing how our systems work and how can more transparency be brought into our systems).

I am not sure if a criminal case can be filed for this ? or what other steps can I take - just to bring some fright in the minds of such people. 

I have filed a RTI with the labour dept. already asking them - how can the plaintiff can run his business in my shop without a Gumasta License (as per the Shops and Establishment Act). I am awaiting their response.

Can I take any more steps such as these, rather than just waiting for years to pass by ? How can I as a citizen help the system to take notice of a absolutely fradulant case filed ?

Thanks for all your replies - it makes us common people understand our system better.


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