Proof to show that the business was subleased
Querist :
Anonymous
(Querist) 11 June 2011
This query is : Resolved
Hi,
The company law board (CLB) ordered status co, but the business was subleased unofficially. It may be difficult to get documentary evidence. What are the other ways to prove that the business was subleased? It is the public knowledge that the business was subleased.
Thanks in advance.
adv. rajeev ( rajoo )
(Expert) 11 June 2011
without documents it is impossible to prove, if really it is sub leased then you can create the document and you can also lead the evidence of a person to whom it is sub leased.
prabhakar singh
(Expert) 11 June 2011
When there is no document,Mr. Rajeev says to create it?But CREATING A DOCUMENT MEANS FABRICATING IT,WHICH ITSELF WOULD BE AN OFFENCE.IN ALTERNATE HE OPINES THAT PRODUCE THE person to whom it is sub leased.HIS former opinion is forbidden by law and sub lessee may not possibly agree to adduce oral evidence against his own interest at the risk of eviction.
When a fact pleaded by one party is not admitted by the other party,it has to be proved.Documentary evidence are more credible,but if that is not there,only alternate to discharge the burden of proof is to adduce ORAL evidence.Importing your own words"It is the public knowledge that the business was subleased." If so are the facts try to agree some people to appear in court as witness on your behalf and to depose the facts of sublease.This is the only alternate,and none else comes in my mind with in limitation of facts given by you.
Devajyoti Barman
(Expert) 11 June 2011
From your own version it is clear that the sub letting is known to all public at large. If that is the case then at the time of trial you an produce the witnesses to establish the sub letting. The oral evidence is no less important than the documentary evidence and in the cases like sub letting the landlords generally left with only oral evidence.
You can make communication through a stranger with the sub lessee to show whether the sub lessee is operating from the premises or not.
If the sub lessee is a business concern then you could apply for getting its Trade License, electricity , telephone bills etc.
piyush sharma
(Expert) 11 June 2011
It is mandatory for the company (assuming it a company) to maintain documentary proof for every action taken by the director or members ( through resolutions) as per company act 1956. Same has also required to be submitted with ROC. Oral evidence will not be a great help.
If you could provide full details like type of company, case details, etc then only a proper opinion could be given.
prabhakar singh
(Expert) 11 June 2011
BUT more often companies flout the mandates.
they must have not passed a resolution to sublet, if the agreement does not empowers it to do so.
