Attitude of courts and Law
Querist :
Anonymous
(Querist) 02 November 2010
This query is : Resolved
Respected Experts,
A schedule caste family share boundary of land, he has encroached my around 200sqft of land. Some says that there is no use in fighting suit with a schedule caste, as generally court favors them only. Also u may land up in trouble.
So, plz suggest me that is it like that or court used to be biased?
does law favours them everywhere?
Do courts keep soft attitude towards them?
Plz guide or suggest me.
Thanks and regards.
adv. rajeev ( rajoo )
(Expert) 02 November 2010
It is wrong. Court wont make any discrimination. And it wont be soft attitude towards SC/ST. Court will always look legally. if you are right and you proved your case you will win the case
But you will have to invite the criminal action under the sc/st act.
R.Ramachandran
(Expert) 02 November 2010
Dear Mr. Rajeev,
I don't get you as to what you mean by "But you will have to invite the criminal action under the sc/st act." And what for?
Advocate. Arunagiri
(Expert) 02 November 2010
Irrespective of the caste you can file a case them. Your rights will be protected by the court.
No criminal action under the SC/ST Act will be initiated just because you have initiated case against them.
s.subramanian
(Expert) 02 November 2010
I agree with Mr.Rajoo because I see what happens in this kind of cases. If the author files a civil suit,the opposite party will lodge a criminal complaint against him on false grounds. Then the author has to run from pillar to post for enquiries before several officers. Finally,if they choose to register FIR,he will have to run to the High Court for bail since no other court can grant anticipatory bail which is expressly prohibited in the said act. Hence the advice of Mr.Rajoo is absolutely right and practical. We come across so many innocent people being threatened with this sort of complaints. No court can grant any sort of protection for such innocent people in the initial stages. There is no point in courts coming to the aid of those people after they suffer the initial shame,maltreatment and ignominy. Therefore the author must prepare himself to this onslaught beforeever venturing upon such litigation. However the final victory will be with him if he has cogent and convincing evidence to prove his case. It is always better for the experts to enlighten the authors about the practical problems and consequences involved in the matters always to enable them to prepare themselves mentally.physically and financially as well.
Devajyoti Barman
(Expert) 02 November 2010
The member of schedule caste does not enjoy any special provision of law if they are caught at the wrong end of law.They enjoy the special protectio if they are are faced with atrocities and some ceiling is also imposed with regard to transfer of land belonging to them.
From the statements as mentioned by you, I do nopt think the encroached will get any benefit as they are apparently bound to be guilty. Even if in retaliation they file any false complaint, you will get the protection of the civil case filed against him for the said encroachment.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 November 2010
Just take precaution that you are not arrogant and keep some body with you to give evidence when ever personal contacts.
If evidence is in your favor no problem with cast or religion. Only thing is in over confidence when you invite criminal liability by not respecting human rights.
pawan sharma
(Expert) 02 November 2010
i agree with the experts.
Querist :
Anonymous
(Querist) 02 November 2010
Sir Thanks everyone for the reply
Actually we did not take action to prevent encroachment is due to fear of criminal action under sc/st act by them, and local police supports them to extract money from us. So, we wish to file civil suit.
Regards to all,
pawan sharma
(Expert) 02 November 2010
yes, you must file the civil suit, if you face any doubt in your draft you can approach this forum.
Uma parameswaran
(Expert) 02 November 2010
You can also approach Tehasildar to demarcate your property.
