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Ramesh Tikamdas Bajaj (proprietor)     01 March 2010

New written statement

Dear members,

I wish to have any judgement (Supreme Court) which shows that a defendant should be given every opportunity to defend himself?

Is there any such judgement?

Background.

I had signed, without reading, a joint written statement. After 7 years , when I came to know of it, I filed for permission to file separate statement (proposed written statement was filed along with this application).

Permission was not granted because of objection from other parties, who do not want the truth to be revealed.

I filed appeal, appeal was admitted and now apppeal has come up for hearing.

I need judgements (preferably Supreme Court judgements) which show that I can file separate written statement to reveal the truth.

I feel that a defendant (myself) should be gven full opportunity to defend himself (in this case , by being allowed to file my separte statement)

Pls let me me know if this is possible (urgent pls as appeal is on weekly board in High Court in Mumbai.

Thanks

Ramesh Bajaj



Learning

 14 Replies

Raghavendra (ragsan@gmail.com) (Lawyer)     01 March 2010

please mention what are the grounds under which your application was rejected ?

Raghavendra (ragsan@gmail.com) (Lawyer)     01 March 2010

in alternative or on the safer side you can seek the court to atleast permit you to amend the written statement by showing just reasons you can avail the service of the following judgement of the supreme court

AIR 1974 SUPREME COURT 1178 "Shikharchand Jain v. Digamber Jain Praband Karini Sabha"

tc

1 Like

Ramesh Tikamdas Bajaj (proprietor)     01 March 2010

Thank you for your quick response.

I was almost 48 years old when I signed the joint written statement. in 1995 (October)

The joint written statement was signed by us 3 brothers, but the main affirmation is by the eldest.

I can prrove many untruths which are there in this statement, but if I am not given permission to file separate statement, apart from my el;der brothers, I will not be able to file my evidence, is what I understand.

I have always been signing blindly , having full faith in my elder brothers (even blank forms and papers). I came to know that this statement exists in 2003.

Because of this joint statement, which has yet to be proved, they have made life miserable for me and my family as we live together .I am small built find it difficult to protect my family. They are useing this statement everywhere.

I thoiught that courts should allow my statement, subject to proof.; does not natural justice permit a defendant every right to have an opportunity to defend himself?

Thank you for your quick response.

Ramesh

girishankar (manager)     20 March 2010

hmmmmmmmmmm

Parag Modi. (Maharashtra.)     23 March 2010

good luck

girishankar (manager)     23 March 2010

Dont be in search of a Judgement go after a Gud capable Lawyer who will be capable of getting a good Judgement thru is known Gud Judge. Pl dont mistake me the same thing hppnd in my case also...Still

Suryanarayana Tangirala (Advocate)     25 March 2010

Sorry to discourage you but from the info you gave you cannot retract from the admission as suggest by some friends you can amend you writtenstatement(subject to guidelines of Hon'ble Apex court in Salem Bar Assn case)but even by amendment you cannot change the nature of defence taken by you.My advice is file an Additional Writtenstatement

Devajyoti Barman (Advocate)     25 March 2010

There is no provision for separate written statement.In the present circumstances it is best for you to amend the written statement . If certain admissions ahs been made that can also be explianed and retracted and hence I differ with the reply that admission once made can not be retracted ot explained. Citation can be given if you require any.

girishankar (manager)     25 March 2010

Dear Deva Joti Barman Ji,

Can U please giv the citation Please

Suryanarayana Tangirala (Advocate)     25 March 2010

(i) Amendment of writtenstatement-suit for partition-Defendants admitting 7 out of 10 properties as joint family property in written statement and contesting only 3 properties ass exclusively belonging to them-subsequent amendment of writtenstatement whereby withdrawing earlier admission made regarding 7 properties-said amendment if allowed would displace plaintiff's case and his right to get priliminary  partition decree-Amendment not permissible--AIR 1998 SC 618(622)

(ii) where proposed amendment would clearly wipe out the admission made by the plaintiff in the plaint,then the party should not be permitted to withdraw certain admission made by the party in his pleadding--2002 AIHC 2188(2189)

Arya (SDM)     22 June 2010

I am sory...I am not a lawyer and may not be a right person to question or answ anyone but one important thing we must understand that we should support the victime either legaly or morally.

People are coming here with a great expection that they will get something out of here.

Just check the above comments by girishankar & Parag Modi. 

May i know what doese it mean "   hmmmmmmmmmm " /  " Dear Deva Joti Barman Ji,

Can U please giv the citation Please " and " good luck "Pls if u donot have any knowledge on any subject line pls donot reply why you are demotivating others ? I can tell u one thing every case is unique and getting a citation from SC is not a easy task by corelating one case by others. Goto Supremecourtofindia.nic.in and get it.

 

kranthi (retainer advocate)     23 June 2010

u can try to amend written statement / u can ask to file additional written statement

Ramesh Tikamdas Bajaj (proprietor)     23 June 2010

One reason was that I was 48 years old when I signed the Joint written statement

Ramesh Tikamdas Bajaj (proprietor)     23 June 2010

i. It is not permitted in law.


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