Fine / penalty an accused
Stephen
(Querist) 09 July 2017
This query is : Resolved
Dear Respected Lawyers
What are the list of areas and cases during the course of a civil suit hearing does an accused have to pay fine / penalty as may be directed by the judge.
Thanks
Stephen
Guest
(Expert) 10 July 2017
Sorry, Mr.Stephen, your query is too vague.
However, to satisfy you, let me state that the Civil Court may impose "costs" for seeking unnecessary adjournments...
Rajendra K Goyal
(Expert) 10 July 2017
State material facts of the problem if any.
How are you concerned / related with the query?
Looks like examination question.
Stephen
(Querist) 10 July 2017
Dear Sirs,
Thanks for your reply and appreciate you seeking clarity on my query.
My apologies for not making my query clear... however to seek your complete answers, below I provide details.
a) Actually I am a POA on behalf of plaintiff who is my friend working abroad.
b) In Sep'2016 filed money suit OS against the accused who cheated my plaintiff friend of property with dubious katha details.
c) The case in criminal court with police charge sheet(nothing happening over there),however while in Civil court over the last 9 months... the accused hasn't appeared for various stages of case proceedings...
c.1) suddenly in last hearing the judge said the accused has to pay me some fee / penalty... I couldn't hear / understand well ( I have certain hearing problem) and the case got postponed...my advocate wan;t present.
c.2) If on the above if I heard correct... my apprehension is what is that accused has to pay fee / penalty and why and even more apprehension is if I would ever be asked to pay such fee in any subsequent hearing to bring completion of the case to order / decree. If yes what are list of reasons and probable fees. This I need so I have all right answers to update my plaintiff friend to keep him transparent.
Looking forward to your knowledgeable answers and appreciate your help.
Thanks & Regards
Stephen
RAVI K GOUD
(Expert) 10 July 2017
Mr. Stephen,
Did you retain any advocate on your behalf to plead?
If yes, please ask and go by him, or else, for clarity purpose in civil case your opponent would be refereed as Defendant and where as in criminal side as accused.
As per the details given by you that may be cost imposed for his absence and time dragging.
so without having the complete details, no one can give a good opinion on your doubt/problem.
Dr J C Vashista
(Expert) 11 July 2017
@Stephen,
1. Either you are confused with civil suit and the opposite party i.e., defendant and not "accused" as the words have been used by you
or
You have been trying to confuse the experts on this platform.
2. In the absence of defendant, if presumed which is only for the sake of arguments but not admission, the court shall not impose any penalty or cost but shall proceed ex-parte.
3. Did you ask your question (which is like an examination) to your lawyer engaged in the instant suit? If so, what is his/her opinion and advise;
otherwise, why did you bother yourself by posting the question on this platform except the fact it is FREE OF COST?
Stephen
(Querist) 11 July 2017
Dear Sirs,
My apologies for inadvertently using wrong terminology. In understanding your clarification... yes its defendant.
Yes as mentioned in my re-clarifying my original query.. I have my advocate.. unfortunately if I seek details from him / his team they are not open to clarify. In fact he missed couple of hearing and when I was present and post the session when I contact him... they question as to why I came to court... In fact the few hearings of one month back. the case was posted for Order.. and suddenly on the date of order hearing it got over turned back to summons stage.. this puzzles me bcoz between the day posted for order and the date of order something unusual happens and case goes backwards. These are the reasons prompting me to seek help from expert forum of lawyers.
Hope I would give right help and answers so I can update my plaintiff who is abroad and who is be even more completely unaware how things works.
Thanks & Regards
Stephen
RAVI K GOUD
(Expert) 11 July 2017
Mr. Stephen,
Here the expert's problem is, without having the complete details of the case, it is not advisable to give our opinion, b'cause if some thing is rubbed on the wrong side due to lack of right information then the queriest would face problems curable or incurable, so we would be cautious or at alert in answering, so we would try to reduce their agony as they are already in a legal tussle. I hope you understand that.
To have you a clarity, if the defendant/accused engaged any lawyer, then in the absence of the def/accused his counsel would take care of their problem. So probably his advocate might have appearing on his behalf and as such the judge might have ordered the cost or fine and this can be done at any stage of the proceedings.
And if you are not satisfied with your counsel then you have every right to change the counsel at any stage of the case by taking an NO Objection from the counsel who holds the Vakalathnama, subjected to fulfilling the fee commitment with him by you or with mutual understanding.
My final advice to you is, without seeing the actual documents of the case filed in the court and its orders, Nobody can give exact suggestion/info to you. So you better have good terms with your counsel on record or change the counsel if you are not safisfied.
Guest
(Expert) 11 July 2017
Mr. Stephen, I advise you to go through the Order Sheet of your case. That should put your speculation to rest....
Try doing that on the next date fixed with covert help from the 'Peshkar'.
