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Rajinder Kumar (ऐसा)     09 January 2013

Bonafide belief

1).I used a ST certificate to join gov. job given me by my parents.  Now CBI has filed charges u/s 420,471 by saying that no entry of said ST certificate in issuance/despatch register. I am an offspring of mixed parentage.  Can i say that certificate was used with bonafide belief that same is genuine and there is no cheating intention of me. 

2) pl reply me quoting some judgements of apex court/high courts.

3). Are the decisions taken by high courts similary binding in nature as in case of apex court?



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 1 Replies

Saurabh..V (Law Consultant)     10 January 2013

@Author

 

Pls see my response below:

 

 

1).I used a ST certificate to join gov. job given me by my parents.  Now CBI has filed charges u/s 420,471 by saying that no entry of said ST certificate in issuance/despatch register. I am an offspring of mixed parentage.  Can i say that certificate was used with bonafide belief that same is genuine and there is no cheating intention of me. 

 

A.1.) I feel this is very tricky situation. If you say that it was a genuine and bonafide belief then your parents whom you name to have provided this document shall be charged and else if you yourself take the blaim then you already know the sections imposed by CBI Only an experienced advocate can pull you out from this situation.

 

In my view, what is to be proven from your case is that you and your parents both had the bonafide belief that this document is original and true. If you are unable to prove this, then both claimants shall be prosecuted accorgindly.

 

 

2) pl reply me quoting some judgements of apex court/high courts.

 

A.2.) As advised, it is expedient that you take professional advice from an experienced lawyer only. Don't try to act smart in this case by yourself.

 

 

3). Are the decisions taken by high courts similary binding in nature as in case of apex court?

 

A.3.) Yes. All High Courts have binding decisions generally in their own states, but are given due weightage by other states lower courts. Supreme Court decisions are binding upon all courts in India by default.

 

//peace

/Saurabh..V


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