Really a challenging and confusing case
a.p khan
(Querist) 12 September 2011
This query is : Resolved
HI TO ALL...
MY CLIENT HAS A UNIQUE PROBLEM WITH RESPECT TO HIS PROJECT WORK DONE DURING HIS ENGG STUDY
1.HE COMPLETED HIS PROJECT WORK IN NOV 2007 AND SUBMITTED TO HIS PROJECT GUIDE.BUT HE FORGOT TO PUT A SIGNATURE ON HIS NAME WHICH WAS WRITTEN BY THE CANDIDATE WHERE HE SHOULD TENDER A SIGNATURE FOR THE COMPLETION OF THE PROJECT .
2.LATER HE ADVISED MY CLIENT TO POST THE PROJECT REPORT IN FEB 2008 BECAUSE LAST DATE FOR SUBMISSION OF PROJECT WORK WAS FEB 28 2008.
3.MY CLIENT HAS POSTED THE MATERIAL WHICH WAS RECEIVED BY THE INSTITUTION IN FEB 28-2008.
4.SO HE GOT HIS FINAL RESULT IN APRIL 2008 WITH MARKS CARD AND DEGREE CERTIFICATE.
BUT LATER IN DECEMBER 2008 MY CLIENT GOT THE LETTER FROM THE INSTITUTION THAT HE FORGED THE SIGNATURE OF THE PROJECT GUIDE BECAUSE THE PROJECT GUIDE WAS DEAD IN DEC 2007 AND THE PROJECT WORK WAS RECEIVED IN FEB 2008....
SO I WANT TO SAVE MY CLIENT WHO IS A MERITORIOUS RURAL STUDENT WHO PUT AN IMMENSE EFFORT TO COMPLETE HIS ENGG DEGREE ...
I AM WAITING FOR YOUR VALUABLE SUGGESTIONS .....
BUT I ADVISED HIM TO TAKE LAW OF LIMITATION SUITS AS A DEFENSE BECAUSE THEY EVALUATED HIS PROJECT WORK WITH MARKS AND ALSO ISSUED A DEGREE CERTIFICATE IN APRIL 2008.BUT THEY HAVE CONTACTED MY CLIENT IN DEC 2008....
CAN LAW OF LIMITATION SUITS IS REALLY WORKS IN THIS CASE......
PLEASE SUGGEST ME
R.Ramachandran
(Expert) 12 September 2011
I think your client has a very weak defence. In February 2008 when your client submitted the Project report, does your client know that his project guide had already died or not?
It is beyond my comprehension as to how a project guide who was dead in November 2007 could have instructed your client in February 2008 to post the Project Report in 2008?
a.p khan
(Querist) 12 September 2011
Dear Ramachandran sir
the project guide was in a hurry to complete his project work....so he instructed the client to submit in feb 2008 because last date will be 28th feb 2008.
his idea was if he sends the project work to the institution they will not accept beause he is taken a limited time to complete the project so he advised him to post it in february.
for yor information i tell you after this incident..ie.. after nov 2007 he dont have a any contact with the project guide .......i think the institution has to intimate the death of project guide to the candidate before evaluation of the project work do you agree?
R.Ramachandran
(Expert) 12 September 2011
The Institution need not intimate the death of the project guide to the candidate.
Once a project report is submitted to the project guide, it was for the project guide to submit the report or to hand over the duly approved (i.e. duly signed also) project report to the candidate concerned to submit to the institution.
If he had not signed, he could not have handed over the project report to the candidate. Even assuming that he had approved the project report and handed over the same to the candidate (though without appending his signature by oversight), he would have done so in November 2007 itself prior to his death. If he had handed over the approved project report in November 2007, he need not say that it may be submitted before February 28th.
Even if he had instructed the candidate to submit before Feb. 2008, the candidate ought to have simply submitted. BUT WHY DID HE PUT THE SIGNATURE OF HIS GUIDE? IF HE HAD NOT PUT THE SIGNATURE OF HIS GUIDE (BUT ONLY WRITTEN THE NAME OF THE GUIDE) IS THERE ANY OTHER INDICATION ON THE PROJECT REPORT THAT IT WAS APPROVED BY THE GUIDE?
a.p khan
(Querist) 12 September 2011
Dear Ramachandran sir
the client has only written the name of the signature to take a signature of the project guide just above that...but they have treated as forgery
a.p khan
(Querist) 12 September 2011
Dear Ramachandran sir
can my client go against the institution? because they have evaluated and declared his result with distinction and later just after a 8 month they are alleging him that he forged the signature
R.Ramachandran
(Expert) 12 September 2011
OK. He only wrote the name of the project guide (and did not put his signature).
If this be so, it is a good defence to break-the deadlock on Forgery, since forgery is the main charge. But you have to be sure. Please do not go by what your client says. Try to obtain a photocopy of the document and see for yourself. (Also try whether you can get a copy of the document through RTI.)
If that be the reality, then you can definitely say that there is no "Forgery". Once this is successfully pleaded, your client will be out of the net.
Raj Kumar Makkad
(Expert) 12 September 2011
As signature are not there on the project report so it cannot be said that the candidate forged the signature of Guide and moreover once result declared with distinction, it do not lie in the mouth of the institution to allege against your client in the way you narrated. There are no facts of any forgery as falsely alleged.
You have not mentioned what legal action has been initiated by institution against your client. What so ever it may be, defend this matter vigorously as your client is not at any fault.
a.p khan
(Querist) 13 September 2011
Dear rajkumar makkad sir
still yet the institution is not taken any legal action but they asked our client to reply for the allegations....but we defended with around 8 letters for their every reply....
but now my client has received one more letter stating that they are going to expel his roll no from the institution in a special
council meeting that to be held in mumbai on sep 24th......
so if you have any idea to settle this matter by letter please suggest me sir
