Sapurdari -- case property and case proceedings
ajay Duggal
(Querist) 26 March 2012
This query is : Resolved
Hi friends.. I need an urgent advice on Sapurdari articles – CASE PROPERTY
My younger brother who had a partnership firm with his friend ended up in a dispute when his Friend also a partner sold the computers which were purchased under the firms name to a third party without the consent of my younger brother. Making the long story short now a case under 420/406 has been registered against his Partner (ACCUSED) after a thorough investigation and the case is on.
During the course my younger brother paid a surety bond and took the custody of the computers from the Police. At present the computers and accessories are placed in the rented shop (rent deed on both name) where they initially wanted to start the business.
As the case is on, the opposition is asking for the case property to be shown; but unfortunately the rented shop has been locked by the owner due to non payment of rents. My brother asked for a three months time from the magistrate so that he could collect some money and pay the rent so that he could bring the case property. As of now the accuser’s Lawyer is forcing to see the case property, and is not even ready to prosecute the witness. There are legal documents which can prove that the whole SAPURDARI Computer and Good belongs to my brother, there are witnesses who can prove the same; but the lawyer wants to see the case property, for which we agree but we need some time and just want that till the time at least the legal documents and witnesses should be given the right to record there statements
Now my question is –
Is it possible that we can continue the case hearing by recording the legal documents , witnesses statements, cross examination of the same before showing the case property ( a matter of 3 months time)?
Is it possible that we can continue the case hearing by recording the legal documents , witnesses statements, cross examination till the time we bring the case property?
If yes then do pls provide me an example, and if no then
Not showing a case property due to eligible reasons FOR A CERTAIN TIME FRAME will end the case?
Not showing a case property FOR A CERTAIN TIME FRAME will make the accused walk free?
OR
Can’t the Magistrate send someone so that we could take the authorized person to the rented shop and showcase the CASE PROPERTY? (The shop owner agrees to the above clause but does not agree in taking the computers out of the shop)
Before I end let me share that my brother has a lawyer who hardly says a word in front of the accused lawyer and only nods his head in a yes. Nothing against lawyers but I think he is as novice as my brother. i asked my brother that we can send a legal notice to the shop owner but he is not ready.
So please help
Shonee Kapoor
(Expert) 26 March 2012
You were given the computers on superdaari, with the condition that you have to showcause the case property wheenever required by the court.
The non-payment is your fault and not that of your opponent or court.
Better pay rent and show case the property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay Duggal
(Querist) 26 March 2012
i do understand the same sir, but my question is still unanswered
is it not possible to atleast intiate the case hearings by recording the witness statements and the legal documents or cross examination of the same till the time we produce the case property
is there no law in india which gives a provision to atleast recording the statements of the witness and cross examination of witness before producing the case property for which we are liable to bring to the court and without which no judgement cant be taken...
Guest
(Expert) 29 March 2012
Dear Ajay,
The first thing you need to determine, who is "accuser" and who is "accused", as you seem to have confused between "accused" and "accuser's lawyer". On one hand you have stated your brother's partner as "accused", while on the other you have used the term "accuser’s Lawyer is forcing to see the case property" which enotes as if your brother's lawyer himself is insisting on case property.
If your brother's lawyer is appearing in the case merely to nod his head on the insistence of lawyer of the other party, it is not understood what your lawyer would do for your brother. In that case, even if you get solution to your problem from the experts on this page, how you would be able to compel the lawyer of your brother to act according to that advice, when he is not objecting to the other party?
Your brother's case can't move even an inch further, if his lawyer is not ready to move ahead. Better make your lawyer ready to pray to the judge for onsight inspection of the case property and take note of the same on record of the court.
You may better not forget that the main issue of the contention of the suit is case property, not anything else.
Shonee Kapoor
(Expert) 30 March 2012
Dhingra Ji,
Onsite inspection is also not possible as the premises is sealed by another court's order.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 30 March 2012
Dear Shonee,
I don't think the concerned judge would deny permission of inspection of the case property just for a limited time for the purpose of expediting any held up case and to allow reseal the premises, if sealed by court's order. My belief is, there is always a solution, provided someone is serious about that. So, here the seriousness of the advocate of the querist is quite essential.
ajay Duggal
(Querist) 31 March 2012
i really appreciate your help provided and this has helped me Dhingra sir, the judge yesterday agreed to send a person out to the rented shop and verify the case property. The honourable judge made it clear that if a person cannot produce a case property due to a problem which surrounds society obligations or any other reason ( as we had ) an authorized person can be sent and the case proceedings wont hamper.. Thank you from my bottom of the heart sir, i showed your answer to my brother and he is hiring a Professional advocate who supported your view.
ajay Duggal
(Querist) 31 March 2012
dhingra sir i need to know one last thing - under which section has the judge agreed to send a authorized person to the premises or its just on humanitarian grounds
Guest
(Expert) 31 March 2012
Dear jay,
You are welcome. I have already replied your questions as asked through chat.
