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G.Nagarajeshwar Rao (Advocate)     02 July 2011

Court taking suomotu action in dismissed suit / petition.

Suit filed by the plaintiff on the mortgage deed. Preliminary decree passed on contesting. The final decree petition also filed and it is dismissed. While pending the final decree the plaintiff did not persued the matter, as the claim is compromised before elders and the plaintiff has passed a receipt for certain amount as full satisfaction of the suit claim. Accordingly the final decree petion is dismissed in default, at that stage the defendant has filed the said receipt in the court. The plaintiff has filed a restoration petiton with section 5 of limitation act petition. The sec. 5 of limitation act petition is also dismissed in default. Thereafter the plaintiff has filed a petition of restoration of that sec.5 of limitation act petition, it is also dismissed in the year 2007. The defendant had filed a criminal case with the police, the police charged for illegal detension of the defendant. The criminal case was tried by the Judicial First Class magistrate, and it was ended in Acquittal in the year 2008. [The plaintiff and the defenant both are cousins]. Thereafter the plaintiff has filed another civil case for damages for malicious prosecution. This case / suit is pending before the Court. The senior civil judge is without any application of either side, he called the record in the final decree petition which was already dismissed in the year 2007 itself, and he is put into writing on the docket in the damages suit, which is not the subject matter in that suit, and he ordered to send the receipt for expert opinion, and he ordered to pay the expert fee by the both parties equally @ Rs.1500/-

My question is that whether the court is having power to send the document to the expert, which was already dismissed in the year 2007 itself and there is no proceeding before him, with regarding to the said issue?    



Learning

 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     03 July 2011

Your question is answrered in the Expert column.

N.K.Assumi (Advocate)     03 July 2011

Yes, already answered.

Srikant More (Advocate)     03 July 2011

In favour of Bhakti Naidu against Pankaj Singh . She gave a counter complaint to the police after a minor stealing charge with all the available documents and there are some cognizable and non-bailable offences committed by him and so the police will register FIR and take appropriate action.  If you want to make your case stronger, before filing complaint take the assistance of an experienced criminal lawyer, who will prepare the complaint with precise allegations and particulars of allegations - date, time and place of occurence of offence, so that it will become easy for the police to investigate the case easily and file the proper challan before the designated court.  On the prima-facie it appears that a case under Section 375 ( rape case - a weak case, as there is strong presumption that there is consensual physical relationship),Section 313 (miscarriage - strong case), Section 509 (to insult the modesty of woman - strong case for having your and his other girl friend's nude photographs), cheating etc.

Criminal cases certainly lie against him, but do not assume that by filing these cases you are going to get him as husband.  That will not be possible after filing criminal cases and he is also not worth for it.

There is another thread going on, on similar matter whether such act is rape as per IPC or not and the relief a victim has under those circumstances.  You also go through that thread before forming any opinion.

Srikant More (Advocate)     03 July 2011

With reference to case no. 3468893. Defendant does have the rights to prove the judgment in public. Some court cases are not dragged to the courts but are authenticated in recall. One of such cases is from Pune a rather popular which combined theft, threats and serious crime of harassment. In 2008 a girl Bhakti Naidu daughter of Surendra Naidu (Medical Officer with Pune University  with residence at university accommodation at Pimpri Chinchwad ) stole mobile of her classmate. FIR was lodged after the victim was issued threats from the girl. In the police proceedings all the phone calls between the girl and accused Bhakti were recorded. The girl unaware of the recording in process, admitted that she stole the mobile while also  threatened the victim stating her father has band of goons from University of Pune as he provide employment to the poor. This raises the question over the sectional divide in India and power encrusted in hands of official. The complaint lodger was harassed by people in name of Surendra Naidu. The girl was warned not to disclose anyone about the mobile stealth. But mobiles get stolen daily, was the threat issued necessary which triggered the police proceeding. After the response the girl has been given permission to openly show or post copies of FIR to the public. The case was duly twisted by Bhakti Naidu who claimed her boyfriend Pankaj Singh promised to marry after getting her pregnant but refused to do so. This turned the case into a measure of necessitate rather than crime.  After enquiry it was confirmed that girl used to visit Pankaj Singh’s flat at Aundh Pune . She did not lodge any compliant against the guy who cheated her. Does one case proceeding  intertwined with another case impact the another independent case of stolen mobile? Lawyers from Maharashtra are truss with duality of the case.

G.Nagarajeshwar Rao (Advocate)     03 July 2011

sir! I am giving further clarification in the above query.... That the above suits are deferent... the first suit by the same plaintiff for recovery of money in the same court. The plaintiff filed another suit for claiming damages for the malicious prosecution [on the acquittal of the kidnapping case, which filed by the defendant]. I think the court is ordered arbitrarily. for that there is any ruling of any of high court or Supreme Court? please guide me..  


(Guest)

 

Within decree of law and transmission of permissible recording the girl is openly sharing the recordings. Do come and hear it with your own ears  with copies of all documents to prove the case.

 

Mobile was stolen on one day, 42 minutes after stealing she called two boys and flirted with them.  All the phones were duly traced with the mobile number called, time of the call and duration of each call. After losing the phone the girl had informed the service provider and lodged a complaint of the theft, but Bhakti was unaware and calling all her contacts. Usually its difficult to track phones but in this case , the girl was using the same SIM unwisely.

 

Next day when SIM was blocked for making calls, in steep reaction Bhakti called girl’s mom and went on and on about splendid importance of a mobile phone. Moreover she said that the girl is sheer negligent in caring about her things. Other girls keep mobiles safe in their bags but she treats it like trash. Each of the word is clearly there from Bhakti Naidu’s mouth can be heard in the recording.

 

So was she suffering from amnesia, when the girl is bit reckless? The day she stole mobile she talked to her contacts while next day when SIM provider stops service, in reaction she calls to check at six in the morning to the girl’s mom for clever blame diversion.  

 

 

In the epic call where Bhaki threatened these words are clearly recorded.

 

“Mere papa ka na dimaak kiskaa hua hai . agar unhe koi sanak lag jayee toh kisi bhi had tak gir sakte hain. Main kisi ki koi cheez ghar pe dabaa ke rakh bhi loon , toh mere papa mujhe itna mante hain ki woh mujhe kuch nahin kahenge.”” Bhakti Naidu

 

“Hum log alag hai. Mere papa ke deccan mein bahut gunde hain. Raat mein khub drinking or daru chalti hai. Tu mobile ke bare me mat soch . exam ke liye padh.” Bhakti Naidu

 

“mere papa ki pune university mein bahut chalti hai. Chote log toh kam pe lagwane ke liye unke aage piche ghumte rehte hain”- Bhakti Naidu

 

 

She clearly said on the phone that her father is a “lunatic”, “unprincipled” , “ drunkard “. Can you expect friendship or any honesty from a person who does not respect her father who brought her up with so much love and care.  And which sector is “chote log”, aren’t we all equal.

 

In another clear recording Bhakti’s mom asked for the police papers. Yes they do have complete right over the criminal charges filed and proved against a person who also created panic by threatening. Bhakti’s mother  said “Aji Rs 3000 ka toh mobile hai . Aap itna kya kar raheho” Now the price perhaps has depreciated to Rs 1000. Why did she threaten after stealing?

Don’t consider the hearsay but the proofs. One media broadcast is sufficient for the mass effect sting action.   Do ask for reiteration  of each word to confirm it.

 

 

 

 

 

Vinayak Parashar (Correspondent )     31 July 2011

Dear Lawyers and social workers

Who are we to teach morals or meaning of friendship to anyone in Bhakti Naidu case? A person who cannot respect her father or mother is not capable of loving anyone. When I saw the mean girls movie, I though it’s about western culture girls who don’t get family values and cultural attributes. But in India we do not come across such inimitable cases.  Only this element of the recordings is stodgy.  The entire hullabaloo for Bhakti’s fashion fondness (her mini-skirts, boyfriends, parties, tops and model aspirations) in comparison with the other girl who was bit geeky, studious teacher’s pet and debater is different aspect like comparing chalk and cheese.  Bhakti is on other hand a consummate western dancer and a fine socialite with presence in parties. There are different types of people with different priorities.  Everyone is not a book worm or a nerd. We as a society do have the responsibility to accept all types of packs in our society.   It’s all part of their personality penchant, not a discussion for the lawyers forum here. It’s all very inadequate.  Yes so the girl lied to her boyfriend that she got campus placement in Symantec to clutch him as he was drifting away. Relationships are not a function of employment or capabilities but reciprocated understanding you share with each other.  On basis of glamour or multinational bandwagon one might be able to attract but relationships thrive on our propensity to retain affection and concern.  The idea that she was too young that time to understand or get into relationships is also bogus.  So the other girl never gave single backlog paper, while Bhakti was getting all backlogs, but is it so important for us to know. Everyone has different capacity and capability to learn and perform.

Mumbai Mirror Correspondent


 

Geoff D Souza (Social Worker)     31 July 2011

Yes Vinayak is right. A mother does not leave a child when child gets diverted or in depraved course, so we have a society has the responsibility to nurture our children. She clearly disrespected her parents but she is a child who requires finding out about complexities of love, friendship and respect.  Do we all require merit holders but we also must encourage the offbeat career paths such as glamour business, modeling business (billion crores ) and dance choreography , fashion industry. Threatening was wrong on Bhakti’s part. Not everyone has same aptitude to learn and achieve. But a feisty girl, social butterfly with exceptional socialite skill, different dressing and dancing skills must be encouraged as a unique human being with difference.  


(Guest)

This is lawyer’s forum; here we discuss the legal responsibility of the proofs and permissions to transmit them. If one would consider the proofs, records, witness and recordings unlawful then entire purpose of judiciary system will go vague. Tomorrow one would start claiming uproarious things about anyone without any corroboration. So the transmission and sharing is covered by RTI. I am not biased or related to anyone, but only believe in anything given to me after asking for substantiates. So I personally think that Bhakti’s recording transmission has to reach as many people as possible otherwise we as society will be encouraging social psychopaths who nurture up from these children. The girl also went through awfully tough time as she was stalked this year, her wardrobes were ransacked and she was harassed by people in name of Naidu family, where no amount of tears helped. If another FIR was filed but sharing could prove to be a case clearer, it’s within law. Distribution and transmission is legal when the conversation was in presence or between the given two people hereto.


(Guest)

Bhakti Naidu's  corporal relationship with her boyfriend and age of consent is a matter irrelevant  and inconsequential to the law.  Another person is not liable to counsel or adjudicate in her personal affairs.


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