Denial of the alleegations
Milap Choraria
(Querist) 18 May 2012
This query is : Resolved
What is the differences between the specific denial with the supporting evidences or simple denial without any specific denial. For instantce, an application under Section 340 of Cr. P. C. is filed with the photocopies/xerox copies of the supporting documentary evidences supplied by the Income Tax Department. The respective opposite party copied reproduced the aforesaid entire application in her Written Objection while made simple denial which after putting the covert on the copied or reproduced portion from the aforesaid application filed under Section 340 of Cr. P. C. the rest portion of the aforesaid particular paragraph of the said Written Objection which mentioned in the more than the 5 pages (out of 8 pages of the Written Objection) are covered mere only within 2/3 lines as follows:-
“That the statements made in the paragraph 1 to 7 of the petition under objection are not admitting to correct. Hence these are denied by the Petitioner. It is denied” “or” “or” “or” “or” “or”.
Shonee Kapoor
(Expert) 19 May 2012
Unable to understand this query Milap,
What is the exact issue.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Milap Choraria
(Querist) 19 May 2012
My daughter-in-law filed several false criminal cases including maintenance case in which she claimed that her father was forced to give dowry during the timee of marriage in Cash Rs.15,00,000/- and also speent about Rs.30,00,000/- in jewelary and Rs.4,75,000/- in houshold goods and other expeenses. I served a legal Notice upon Income Tax Department, and IT was forced to call her father and make 7 Pages Statemeent on Oath, where he denied that he paid any amount of dowry. Her father is Income Tax Practicing advocate, thus influenced IT not to supply the aforesaid Statement almost for three years. But, when CIC decided to take strong action, then only IT was compelled to supply the Photocopy of the same. After receipt of the same my son filed application under Section 340 of Cr. P. C., and in responce to said application my daughter-in-law copied/reproduced the aforesaid entire application in her Written Objection while made simple denial. Which after putting the covert on the copied or reproduced portion from the aforesaid application filed under Section 340 of Cr. P. C. the rest portion of the aforesaid particular paragraph of the said Written Objection which actually mentioned by her in the more than 5 pages (out of 8 pages of the Written Objection) are covered mere only within 2/3 lines as follows:-
“That the statements made in the paragraph 1 to 7 of the petition under objection are not admitting to correct. Hence these are denied by the Petitioner. It is denied” “or” “or” “or” “or” “or”.
My son want to file reply with his submission that aforesaid denial is no denial.
Amit Pateria
(Expert) 19 May 2012
Dear Mr. Choraria,
So far as law goes evasive denial is not permitted/admitted, thus, in proceedings under Criminal Procedure Code, an analogy may be drawn depending upon the facts and circumstances of a case. Like in your case the fact that your daughter-in-law has made allegation of giving dowry, wherein the father of your daughter-in-law has made a statement on oath before the IT officials “where he denied that he paid any amount of dowry.” The statement of father is an admitted position hence, it is advisable to make the father of the girl a party and let the notice be issued to him by the Court to substantiate the claim of dowry articles given by him.
Hope this helps.
SAINATH DEVALLA
(Expert) 20 May 2012
Mr.Milap,
You have posted the same query last month.
JANAK RAJ VATSA
(Expert) 20 May 2012
i agree with ld amit pateria. nothing to add.
Milap Choraria
(Querist) 21 May 2012
Many many thanks to all, who spent their valuable time to examine my submissions gave their expert opinion. In this respect, I also received one valuable advice from the Sonee Kapoor, directly at my Email ID.
