Any provision of ipc to tackle baseless legal notice?
bharat khatwani
(Querist) 22 June 2024
This query is : Open
My tenant has sent legal notice with baseless claims and without any supporting documents and has stopped paying rent. I have responded to this legal notice through advocate but tenant has not started paying rent. One of claim is for reimbursement of 100,000 (equal to 30 year's rent) spent by tenant for repairing, done without sending notice, he has not even provided bills, vouchers etc. to support his claim.. As per rent act tenant can demand repairing cost up to rent of 4 months only. I have asked him to withdraw notice and start paying rent. Is there any method of "quashing" legal notice? Is legal notice part of Judicia process ? Is there any provision of IPC similar to Section 340 CrPC & under Section 195 which may be used against BASELESS LEGAL NOTICE ?
T. Kalaiselvan, Advocate
(Expert) 22 June 2024
There is no provision in law for quashing the legal notice.
If he has not paid the monthly rental amount then you can send him an eviction notice followed by an eviction suit for default in rental payment.
you do not have to beg him to pay the rent.
You can recover the arrears of rent al;so through court by following due process of law.
Since you have already approached a lawyer for this you may proceed with the further actions as suggested through the same lawyer.
kavksatyanarayana
(Expert) 23 June 2024
I agree with the advice of the above learned expert Sri T.Kalaiselvan sir.
bharat khatwani
(Querist) 22 July 2024
This is very well known trick. Tenant sends legal notice demanding insane amount of money spent by him without permission and stops paying rent. Tenant do not respond to clarification of Landlord.This forces landlord to go to court and spend HIGH Court FEE and EVEN HIGHER FEE to advocate.and wait for 10/15 years.Because lower courts do not pass strictures.Courts do not ask or directs police to initiate forgery cases in case tenant produces FORGED DOCUMENTS in court. THis is vicious circle.This game is played to extract money from landlord for vacating the house. IS THERE ANY METHOD TO STOP IT?.
P. Venu
(Expert) 24 July 2024
Disputes or even exaggerated claims need to be dealt on the merits of the inherent legal elements. Dispassion than passion alone be the guiding force in such contexts.
Yes, there are systemic deficiencies that haunts our judicial system. Reform is a long drawn out process. Pique soles no issues.
bharat khatwani
(Querist) 28 July 2024
Mr. P.Venu,
Thank you for acknowledging the systemic deficiencies that exist. These deficiencies are acutely felt when you're on the right side of the law and seeking justice. It's easy to suggest following the due process to counter legal notices with baseless claims, but this often results in a significant waste of time and money, especially when a crafty advocate drafts a notice without any documentary proof.
Is it impossible to make it mandatory to attach documentary proofs to support the claims made in a legal notice itself?
Imagine this: a tenant stops paying rent and demands an amount equivalent to 150 years' rent. If that isn't outrageous enough, another tenant produces a BANAKHAT on plain paper in court, falsely claiming they've made part payment for your property. This lawsuit has been ongoing since 2017. This could happen to anyone.
To make matters worse, defendants often claim they never received registered letters (RPAD), even when postal records show delivery. This old trick is routinely accepted by courts, leaving landlords struggling for justice.
Such unethical practices have pushed landlords to seek justice and demand stricter regulations. It's time to put an end to these injustices.
I need your support to sign my petition on Change.org. Let's stand together for fair treatment and justice for property owners. ✊ #JusticeForLandlords #EthicalLaw #ChangeTheLaw https://chng.it/g8T7vPVCbn
Sudhir Kumar, Advocate
(Expert) 10 August 2024
You are writing long narrative.
basic fact is tenant is now paying rent and you have right to file eviction ;proceedings.
meet lawyer with papers.
bharat khatwani
(Querist) 16 August 2024
One legal opinion.Sections 340 and 195 of the Criminal Procedure Code (CrPC) provide mechanisms to address offenses related to false evidence and documents used in judicial proceedings. These sections ensure that such offenses are investigated and prosecuted. Abuse of process involves the misuse of the judicial system for improper purposes, and courts have the authority to take measures to prevent and penalize such conduct.
In some litigation procedures, a legal notice is required, but it is not compulsory in all legal matters. For instance, it is not mandatory to send a legal notice in criminal proceedings. However, in matters involving money, a legal notice is typically sent to the defendant. Pl. opine.
bharat khatwani
(Querist) 22 August 2024
dear Sudhirkumar...Thank you for your input. I understand that the immediate legal remedy is eviction proceedings, which I am pursuing. However, my concern is more than just individual cases like mine—it’s the broader issue of systemic abuse of the judicial process that affects landlords across the country.
Sections 340 and 195 CrPC do provide mechanisms to address false evidence and documents used in court, but they come into play after the fact. What I’m advocating for is proactive reform, like mandating documentary evidence with legal notices, to prevent baseless claims from being made in the first place.
This isn't just about getting justice for one case; it's about preventing a recurring cycle of injustice that forces landlords into long, costly legal battles. The change I'm suggesting would help protect both landlords and tenants from being trapped in these drawn-out disputes.
I urge you to consider supporting this initiative and standing with property owners for fair treatment under the law. Here's the petition link again for those who may wish to contribute to the cause: https://chng.it/g8T7vPVCbn.
bharat khatwani
(Querist) 25 August 2024
I received following WA message from user of LCI....Section 340 of Cr.PC is applied only to suits filed in the court for false affidavit & evidences and not applicable to legal notices. In one of the civil suit in which I was respondent, the judge dismissed the suit filed saying it is a false suit and imposed a penalty of ₹3500/- but not initiated criminal suit under Cr.PC section 340.
P. Venu
(Expert) 26 August 2024
The proceeding under Section 340 CrPC need to be tried by the competent Magistrate and, to my knowledge, the Judicial Officer who initiated the proceedings needs to be a witness in the proceedings.
Fact of the matter is that Section 340, in the practical sense, is yet to be operationalised.
bharat khatwani
(Querist) 27 August 2024
Shouldn't magistrate direct the police to conduct an inquiry if there is prima facie evidence of forgery. If the police find that forgery has occurred,
they can file a case on behalf of the state, as forgery is a criminal offense. This process typically begins when a complaint is filed, and the
magistrate, after reviewing the complaint, can order a police investigation under Section 156(3) of the CrPC. Once the police conduct the inquiry and
gather sufficient evidence, they can register a First Information Report (FIR). After the investigation, if the case is substantiated, the police will
submit a charge sheet to the court, and the case will proceed as a criminal case, with the state prosecuting the accused.
bharat khatwani
(Querist) 28 August 2024
Bumping this thread for further insights. Read and opine....is this true? The proceeding under Section 340 CrPC need to be tried by the competent Magistrate and, to my knowledge, the Judicial Officer who initiated the proceedings needs to be a witness in the proceedings.
नमस्ते भारत,
आपके सवाल का जवाब निम्नलिखित है:
- **Section 340 CrPC:**
- **प्रवर्तन:** यह धारा उन मामलों पर लागू होती है जहां न्यायालय को यह लगता है कि किसी व्यक्ति ने न्यायालय में झूठा साक्ष्य प्रस्तुत किया है या न्यायालय के सामने किसी भी प्रकार के झूठे दस्तावेज पेश किए हैं।
- **प्रक्रिया:** यह प्रक्रिया एक सक्षम मजिस्ट्रेट द्वारा सुनी जाती है।
- **न्यायिक अधिकारी:** धारा 340 CrPC के तहत शुरुआत करने वाला न्यायिक अधिकारी, आमतौर पर, इस प्रक्रिया का साक्षी नहीं होता है। हालांकि, वे मामले की जांच और संज्ञान लेने के लिए आवश्यक निर्देश दे सकते हैं।
bharat khatwani
(Querist) 13 September 2024
Check out following legal opinion and opine. I am going to see this advocate next week.What questions should I ask him to make sure that his opinion is based on solid legal ground . Legal Opinion on Taking Action Against a Tenant for Sending a Baseless Legal Notice
Background:
You have received a legal notice from a tenant demanding an amount equivalent to 150 years' rent, which you consider to be baseless and without any legal merit. You wish to explore the possibility of taking legal action against the tenant for making such unfounded claims. However, it is important to note that you do not wish to take any action against the advocate who issued the notice, recognizing that advocates act under the instructions of their clients.
Relevant Legal Provisions:
1. Sections 340 and 195 of the Criminal Procedure Code (CrPC):
- Section 340 CrPC provides a mechanism to address offenses related to the giving of false evidence or the use of forged documents during judicial proceedings. This section allows the court to conduct a preliminary inquiry to determine whether a complaint should be made to a magistrate regarding the offense.
- Section 195 CrPC restricts the court from taking cognizance of certain offenses, including those related to false evidence, except on the complaint of the public servant concerned or the court where the false evidence or document was produced.
2. Abuse of Process:
- The concept of abuse of process refers to the misuse of the judicial system for improper purposes, such as making baseless claims or harassing the opposing party. Courts have inherent powers to prevent such misuse and can impose costs or other penalties on the party engaging in such conduct.
3. Legal Notice:
- A legal notice is a formal communication indicating the intention to take legal action if the matter is not resolved. While it is required in some legal matters, such as under the Negotiable Instruments Act for cheque bounce cases, it is not mandatory in all situations, particularly in criminal proceedings. In civil matters involving monetary claims, legal notices are often issued as a precursor to filing a lawsuit, although they are not legally required in every case.
Analysis:
- Baseless Legal Notice: The demand made by the tenant for an amount equivalent to 150 years' rent appears to be grossly exaggerated and without any legal basis. This could potentially be seen as an abuse of the legal process, intended to harass or coerce you into an unjust settlement.
- Potential Legal Remedies:
- Filing a Complaint under Section 340 CrPC: You may consider filing a complaint under Section 340 CrPC if you believe that the tenant has submitted false evidence or documents in support of their baseless claims. This would require the court to conduct a preliminary inquiry to determine whether a criminal complaint should be lodged.
- Civil Action for Abuse of Process: You may also consider filing a civil suit for abuse of process, seeking damages for the harassment and stress caused by the tenant's baseless legal notice. The court may impose penalties on the tenant for misusing the judicial process.
- Advocate's Role: It is important to acknowledge that advocates act under the instructions of their clients. Therefore, any legal action should be directed against the tenant who is the principal party responsible for the baseless claims, rather than the advocate who issued the notice.
Conclusion:
You have strong grounds to take legal action against the tenant for issuing a baseless legal notice with exaggerated claims. You may consider filing a complaint under Section 340 CrPC or pursuing a civil suit for abuse of process. However, it is advisable to proceed against the tenant alone, as the advocate is merely acting on the tenant's instructions. Consulting with a legal professional to assess the strength of your case and the most appropriate course of action is recommended.
