Dr.SAAIE KB
11 September 2023 at 01:19
A sessions trial court has ordered in a CrMP (Document Petition seeking to allow the letter from PIO under RTI Act to be considered as evidence in pending discharge petition u/s 227 CrPC) to prove the genuineness of PIO letter but allowed the CrMP. But Section 23 of RTIAct prohibited courts of any proceedings on any order under RTI Act. On the other hand, summoning witnesses of accused in discharge petition is also not permissible(PIO in this instance). That means the accused cannot prove the genuineness of PIO letter. Now the accused wants to bring this legal infirmity on record of the case and ensure that the PIO letter is considered as primary evidence in the pending discharge petition. How to file a fresh petition seeking the relief of exemption of proving genuineness of PIO letter.
I shall be grateful to the learned community for guidance.
Thanks
Sai KB
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Civil miscellaneous application
I am a senior citizen and wish to avoid traveling.
I request the learned community to help me by posting format or template of Civil Miscellaneous Application and Criminal Miscellaneous Application of H'ble High court of Andhra Pradesh.
In an Interim Application the first appellate ADJ dismissed my petition under Ord XXXIX CPC seeking interim injunction. Now I am considering to go in appeal to High Court under section 39 of Specific Reliefs Act. So I want to see the format of appeal petition. The case is a bit complicated to explain in detail here. There are 5 defendants and D1 to D3 are proceeded ex prte. I signed agreement for sale with D1. D1 sold suit property to D2&D3 after filing suit for specific performance. D2&D3 sold to D4 & D5 that is hit by lis pendency- an issue framed by trial court. But the trial court in it's judgement did not touch the issue framed by it. But partly decreed in my favour ordering D1 to pay back my money with interest- ₹25 lacs. Now a new situation cropped up. D1 is insolvent. How to solve the issue of lis pendency? Now I want a lein on disputed property. D4&D5 have no locus standi legally to claim the disputed property though the disputed property is registered in their name by D4&D5.
Kindly help.
Regards and thanks.