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Srinivas (Director)     03 December 2011

False litigation on accidental death

Dear Experts,

Please guide on the following case:

1.  Person A died in a train accident in 2006(fell off the train in the middle of the night) while travelling with his sister and her family. 

2. Brother and Sister had infinte love for each other and needless to say sister was devastated with accident.

3. Sister  filed a missing person complaint on reaching the station with local police. Body was later traced on the Railway track. 

4. Wife of Person A filed a Railway suit for accidental death and was awarded Rs. 4 lakhs in damages.

5. Wife of Person A is a litigant and after death of brother is trying to grab sister property. She has filed several false civil suits which are all pending.

6. Recently wife of Person A has been threatening to bring a suit against the sister for death of Person A. Since there is no actual suit at this time, there are no allegations.

Could someone let us know what actions we need to take to protect ourselves and stop this litigant from brining frivolous suits.

Questions:

1) Is there a limitation on when such suits can be brought?

2) What is proof required in such cases? Who has the burden of proof?

3) What damages can we claim if such a suit is brought?

4) If such a suit is brought, how best to nip it at the bud?

 

Please advice,

 

Thanks,

 

Best wishes,

 

Srinivas



Learning

 5 Replies

Srinivas (Director)     05 December 2011

Dear experts,

 

Can someone please provide some guidance. Thanks.

 

Srinivas

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 December 2011

You are getting unduly worried.

 

No such case can be brought now and no one would believe the wife.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Srinivas (Director)     07 December 2011

Hi Shonee Kapoor,

 

Thanks for the reply. The person is a litigant and has no hesitation to lie under oath.

If the law will permit her to file a frivolous application with little or no consequence, she will

file one for pure harassment.

 

Is there a time limit to file a criminal suit? I would think one should file an FIR first .... please let me know if such a suit is brought what should be actions we should take.

 

thanks,

 

Srinivas

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 December 2011

Listen in this matter, police won't register the FIR at such belated stage.

 

Also if the case is filed as complaint case, the court would require some prima-facie evidence against you before it summons you. Hence just call her bluff.

 

You have nothing to loose.

 

The limitation period, i.e. upto what time a case can be filed is listed in CrPC 468.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Srinivas (Director)     08 December 2011

Thanks for your help. Best wishes,


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