return of documents
Ashvin Khambhata
(Querist) 13 August 2009
This query is : Resolved
I have filled one complain u/S 138 OF N.I Act.At the time of filling evidence I have presened the cheque along with list of another case means irrelevent documents produced. I want 2 take back said documents .Under what law can i get back said documents ?
Advocate SK Rohilla New Delhi
(Expert) 13 August 2009
Apply rule of common sense and please use service of expert exclusively for opinion on law point.
We have no business to assist you in legal practice.
Manish Singh
(Expert) 13 August 2009
i do not agree or approve the gesture of Mr. Rohilla at this front.
Dear Mr. Ashwin, you can make an aplication to the court under the provisions of CPC citing appropiate reasons for prodi=ucing wrong docuemnts and request the court not to consider the same for the purposes of the case in question.
Any other appropiate suggestion from our learned members would do some more help to the querist.
Y V Vishweshwar Rao
(Expert) 13 August 2009
First- You file the Correct & Relevant document in the Case .
you can get back the irrelevant documets at later stage -
There is no problem if un-wanted documents are on record , at the most they may not be marked as irrelevent -
The filing of Correct & relevant document and its marking in Evidence is neceesary .
Mistake ,by oversight ,is common to evey person - by this your client need not suffer - The Court will certianly allow the Documents, even on costs .
File the document with reasons mentioned by you and get it allowed and recieved by Court !
Kiran Kumar
(Expert) 13 August 2009
strange to c Mr. Rohilla going so harsh.
Ashwin do one thing first apply for the certified copies of the documents presented misktakenly.
then file an application citing reasons that inadvertently such documents were attached with the complaint and they may be given back....attach those certified copies with the application.
as suggested by friends above it will be given back.
Shashwat Shukla
(Expert) 13 August 2009
Rightly advised by Mr. Kiran. Mr. Rohilla plz don't show ur personal feeling on professional platform.
Somnath mukherjee
(Expert) 14 August 2009
you can make a application before the court for the same and the same is not exhibited you can get it back.Again i also request Rohilla please don't use this type of word in this forum in future.
MANISH
(Expert) 16 August 2009
Mr. Kiran has shown the correct path.
I was also about to give the same opinion.
Do as what Mr. Kiran Kumar has suggested.
