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Rajeev Bhargava (Director)     20 January 2010

is this lawful

We received summon from MM , Mumbai for not making licence for shop and establishment act , when the company is not one years old. 

Dont MCD should inform defaulter and give him opportunity to pay. 

Is it consituitional that MM can ask if you have brought Rs. 45000.00 otherwise i will send you jail.

is this consitutional that no order copy given .  When asked MM says that he will send us behind the bars.

Are we living in a civilised society and why lawyers dont raise their voices for such in hyman behaviour. 

Is there any forum or office or organisation where such complaints may be made or the harassment to ordinary citizen will continue

Even a murdereris not treated so shabbily then why for such a paltry offence



Learning

 6 Replies

A V Vishal (Advocate)     20 January 2010

Mr Bhargava,

Under the Maharashtra Shops & Establishments Act, the registration period prescribed is  Within 31 days of its commencement. In your case I believe it has crossed that period. However, principles of Natural Justice seek that an oppurtunity is given to the offender before levying penalty or initiating prosecution. Hence instead of going headlong with the department I suggest you to consult a good consultant who is in this line of activity so that he may help you overcome the problem.

1 Like

Rajeev Bhargava (Director)     21 January 2010

Thanks for information.  we have already registered .  My point is that no one came to us .  No inspector , no letter.  FInally summons come and MM ask like a dictator . Do you have 45000 in pocket . We did not have on previous date  so he gave us next date.  On the date he says pay 36000 or else to to jail .  We try to knwo how he has worked out , he says if we utter a word he will keep increasing amount and also pronounce imprisonment

What kind of law is this when you have no right to defend and the entire case is based on false reports by corrupted inspector that he visited our place , when he never came.  May be he made his TA bills with the MCD.

I feel this is high time when we should raise our invoice to such practices whihc is against our constitutiion. Same things happens when you go to court for any traffice offence,. Judge decides and pronounce , no wonder every one bribes police man and do not wish to go to court

A V Vishal (Advocate)     21 January 2010

Mr Bhargava

In such a situation I would suggest you file an appropriate writ in the High Court against the arbitary order of the MM.

Rajeev Bhargava (Director)     21 January 2010

It cost lot of money  , and I guess judiciary knows about and take advantage of the situation. 

Evey one in the county is here to exploit

A V Vishal (Advocate)     21 January 2010

Then you tell the solution Mr Bhargava, you want justice but don't want to fight for it, please understand that you need to sacrifice/spend in order to gain. Nothing is free in the world.

V. VASUDEVAN (LEGAL COUNSEL)     21 January 2010

 Advocate Vishal has given quite a practical solution for approaching a consultant on this matter who handle this issue with due process and bring it to a logical conclusion. There could be loop-holes or moles in the system but do have the faith in the system and judiciary and pursue for a practical resolution.

vasudevan


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