Complaint against civil judge
G.D GEMINI
(Querist) 18 December 2012
This query is : Resolved
MY FATHER AND HIS ELDER BROTHER STARTED A MFG UNIT IN 1978 IN PARTNERSHIP AND PURCHASED SOME PROPERTIES. BOTH THE BROTHERS WERE RESIDING SEPERATELY BUT THE SALE DEED OF PROPERTIES WERE ONE IN BOTH THE NAME SHOWING OWNERSHIP IN EQUAL SHARE
IN THE YEAR 1992 I ALSO PURCHASE A PLOT WHICH WAS IN MY AND MY UNCLE'S NAME IN THE SALE DEED IN EQUAL SHARE.
IN THE YEAR 2000 MY UNCLE OBTAINED A PARTITION COLLISIVE DECREE SHOWING ALL THE PROPERTIES ANCESSTRAL BEING PURCHASED FROM HUF FUNDS AND AGAINST COMPROMISE THE COURT PASSED A DECREE BUT NO STAEMENTS IN THE COURT WERE RECORDED EXCEPT MY FATHER AND BROTHER
IN THAT CASE AGAINST MY OBJECTION THE PLOT WHICH WAS IN MY AND UNCLE NAME WAS NOT MENTIONED IN THE PLAIN BUT THE SAME WAS MENTIONED IN COMPROMISE BY UNCLE AND DUE TO BLIND FAITH MY FATHER PUT HIS SIGNATURES ON THAT COPROMISE. AS WAS DOING BUSINESS IN DELHI I WAS NEVER TOLD ABOUT THAT CASE AND DECREE.
I CAME TO KNOW ABOUT THIS FACT IN 2006 AND FILED A CASE FOR SETTING ASIDE THAT DECREE WHICH WAS OBTAINED BY FRAUD AND MISREPRESENTATION FROM THE COURT.
I HAVE TENDERED ALL THE SOLD DOCUMENTRY AND ORAL EVIDENCES THAT ALL THE PROPERTIES ARE SELF AQUIRED AND MY SIGNATURES ARE FORGED ON COMPROMISE. THE OTHER PARTY WITNESSES AND THEIR STATEMENTS ALSO CONFIRMED THE PROPERTIES SELF AQUIRED (MAIN POINT) AS PER OTHER SENIOR ADVOCATES AND DURING PROCEEDIDNGS THE JUDGE ALSO CONFIRMED ABOUT THE FRAUD DECREE. THIS CASE WAS ON ARGUMENTS STAGE IN THE LAST WEEK OF OCTOBER BUT MEANWHILE IN ADVANCE IT HEARD THAT THE JUDGE IS BEING TRANSFERRED AND ON 30.10.12 THE SAME JUDGE DISMISSED MY CASE.
I GOT THE COPY OF JUDGEMENT AND FELT SURPRISE THAT THE JUDGE NO WHERE DISCUSSED MY EVIDENCE AND DOCUMENTS AND ALSO THE CONFIRMATORY STATEMENTS OF OTHER PARTY AND THEIR WITNESS WHICH WERE IN MAY FAVOUR. HE ONLY DEVELOPED THE JUDGDMENT ON SUCH POINT SO THAT HE MAY ANOUNCE THE ORDER IN FAVOUR OF MY UNCLE.
ANYHOW I HAVE FILED THE APPEAL BUT FOR THIS JUDGEMENT WHICH IS GIVEN CONCEALING ALL THE TRUE FACTS AND WITHOUT REFERRING MY WITNESS AND DOCUMENTS BUT ONLY TO FAVOUR OTHER PARTY,
IN CONCLUSION I WOULD LIKE TO HAVE YOUR SUGGESTION AS TO WHETHER I CAN MAKE COMPLAINT TO THE CHIEF JUSTICE FOR THIS WORST ACT. THE JUDGMENT IS ITSELF MY EXPLANATORY EVIDENCE.
EXPECT YOUR SUGGESION EAGARLY.
REGDS
KAMAL
Arvind Singh Chauhan
(Expert) 18 December 2012
Complaint only if you have sound proof of bias actions.
Raj Kumar Makkad
(Expert) 18 December 2012
As your query does not relate to any law point but with the general administration of judges and judicial system so the opinion of all individuals may be different.
If you think, you should open a new channel for fight, do open it and if have to concentrate only on appeal then do accordingly. No definite reply is possible from our side.
ajay sethi
(Expert) 18 December 2012
if the trail court has disregarded your evidence and not dealt with your submissions go in appeal aginst impugned order . dont complain aginst the judge fight case on merits
Raj Kumar Makkad
(Expert) 18 December 2012
*Ajay! Generally judges do ignore the facts present on the file supported with strong evidence which is coming to light in day to day proceedings and it ultimately is creating harassment and anger among common man and the querist is also one of those sufferers so there is a strong need to bring as soon as possible Judges Accountability Act to deal with such tendencies.
G.D GEMINI
(Querist) 19 December 2012
RESPECTED SIRS
IS THEIR ANY PROVISION TO COMPLAIN THE MATTER IF ANY JUDGE INSTENTIONALLY FAVOUR ONE PARTY BY WAY OF ANY PRESSUREBEST KNOWN TO EVERYBODY
IF APPEAL IS ONLY THE SOLUTION THAN REPLY AS TO WHETHER A COMMAN MAN LIKE ME SOULD HAVE TO WANDER IN THE COURTS ONLY ?
AND WHETHER THE JUDGES ARE COMPLETLY FREE TO GIVE JUSTICE AS PER THERE WISH MAY BE AGAINST LAW AND FACT OF THE CASE ?
ajay sethi
(Expert) 19 December 2012
i have already advised you telephonically. you dont have any evidence .go in appeal and you will succeed
in case you so desire you can file complaint with Chief Justice of high court