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John (Lawyer)     15 January 2010

Please help me

Hello Sir

I would kindly request you to confirm one thing from you

I am an Indian, living in India itself since birth. Someone has filed a case on me, in a court in the USA, for a case of forgery that is still going on in an Indian court. And this has been filed by me on them.

they have shown a notice to the court, which according to them has been sent to me but in actual nothing of this sort has been done. By hook or crook, they have taken courts order in their favour, which is entirely wrong.

So i would kindly to ask you to please tell me that is an Indian court bound to obey such orders of a court in the USA.

Kindly reply back asap.

Thanks

John Smith



Learning

 18 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     16 January 2010

indian court is not bound to obey the foreign court. if any case placed before the court by a competant authority then court goes through it's merits and demerits. if international trity is there or red corner notice is there, then court also see it. think monika - abu salem case.

RAJ KISHORE VAISH (TEACHER CITIZEN OF INDIA)     17 January 2010

DON'T CARE ........................................................................................................................................

HON'BLE CITIZEN'S

                  GET THE COPY OF JUDGEMEMT PASSED BY SUPREME COURT OF INDIA IN THE CONTEMPT PITITION NO.203 OF 1996 IN THE MATTER OF RAJ KISHORE VAISH  V/S THE ATTORNEY GENERAL OF INDIA AND OTHERS(FEW JUDGES OF HIGH COURT) DO ANY CRIME , ANY CORRUPTION  NOBODY CAN PUNISH YOU TILL THE ABOVE NOTED JUDGEMENT IS LIVE  ...........IN INDIA.

                            RAJ KISHORE VAISH

 

saranjeet R chhabda (student)     17 January 2010

hi my name soniya and i m doing my LLM in criminology. This year i had to submit my dissertation but the problem is,  i had nt attended college due some personal problems. now i dnt know how to prepare dissertation even i dnt know what r doctrinal and non doctrinal reports. in simple way i can say what to ? from where to start i dnt know? will u pls help me out? i will be waiting for ur reply, bye

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     17 January 2010

ms chhabda, it is better you start a new thread on this matter on criminal section. there you will get expert on the matter

 

John (Lawyer)     17 January 2010

HON'BLE CITIZEN'S

                  GET THE COPY OF JUDGEMEMT PASSED BY SUPREME COURT OF INDIA IN THE CONTEMPT PITITION NO.203 OF 1996 IN THE MATTER OF RAJ KISHORE VAISH  V/S THE ATTORNEY GENERAL OF INDIA AND OTHERS(FEW JUDGES OF HIGH COURT) DO ANY CRIME , ANY CORRUPTION  NOBODY CAN PUNISH YOU TILL THE ABOVE NOTED JUDGEMENT IS LIVE  ...........IN INDIA.

                            RAJ KISHORE VAISH

Thanks for replying back and helping me out.

Sir, i tried to find it on the internet and also the official website of Supreme Court www.supremecourtofindia.nic.in But unfortunately i didn't find it anywhere. Can you please also tell me that from where can i get this.

I hope i am not disturbing you much. I am in desperate need of your help and expert guidance.

Waiting to hear back from your side.

Thankyou Sir.

John (Lawyer)     17 January 2010

indian court is not bound to obey the foreign court. if any case placed before the court by a competant authority then court goes through it's merits and demerits. if international trity is there or red corner notice is there, then court also see it. think monika - abu salem case.

Thanks for replying back and helping me out.

Sir

Can you please can tell me from where can i get the Monika Bedi - Abu Salem's court case full details. This will greatly help me solve such a big problem that i am facing.

Sir, i tried to find it on the internet and also the official website of Supreme Court www.supremecourtofindia.nic.in But unfortunately i didn't find it anywhere.

I hope i am not disturbing you much. I am in desperate need of your help and expert guidance.

Waiting to hear back from your side.

Thankyou Sir.

Devajyoti Barman (Advocate)     18 January 2010

Mr John please bear in mind that the foreign judgement is teated as conclusive or operates as res judicata u/s 13 CPC unless the following cases applies:-

1. The foreign judgement was not by a competent court.

2. It was not on merits.

3.It was against International or Indian Law.

4.It was opposed to public policy.

5.It was obtained by force.

6. It was founded on the breach of Indian Law.

I believe the judgements passed in USA falls in any of these cases.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     18 January 2010

good ans by mr barman. I WANTED TO INFORM YOU THAT the foreign judgement /demand of an indian citizen is also, heared by a court, if it comes through proper channel, and action taken by going through it's merits and demerits.

pourtugal handed over, monika & abu salem to india; after the case win by india govt at portugal court.

it is a well settled international policy and govt of india follow it. your case will be decided at indian court first on it's merits. therefore you need not to worry, as you are a law abiding person.

M.Dhanasekar (-)     18 January 2010

Dear RajKumar Sir,

Thanks for your reply.

As per your advice if i ask them for rendition of accounts,Mr. Jyothi raman will provide his duplicate bills stating the expenditure of building materials from the scrap about Rs.8,12,000 from M/s Sridevi associates. In such case could you please tel me the alternative.

When my brother applied for AB, I dont know why then the plantiff advocate said that it is a criminal case.section 506/2-represents criminal intimidation and 294-represents obscence which comes under criminal offence.
Another issue is why specifically my brother can take one plea.
Approximately How long will the case will survive?.
Suppose If the plantiff wins the suit and we dont have the paying capacity what shall be the out come and how to over come it sir.

Thanking you,
yours,
M.Dhanasekar

 
 
   

M.Dhanasekar (-)     18 January 2010

Dear Rajeev Sir,

Thanks for your reply.

AS you said that the burden falls under the plantiff to prove that there was a partnership firm.Mr. Jyothiraman is having an unregistered partnership deed which specify the restaurant address and other partnership details.suppose if he produce such document then will that document will be accepted as an supporting document by the court.

Pls kindly tel me sir.

Thanking you,

yours,
M.Dhanasekar.

John (Lawyer)     20 January 2010

Hello Sir

 

Please refer to my last email correspondence with you. Following is case I was talking to you about.

 

My sister and I was born in India and we are Indians by nationality. We were married recently to NRI’s.

 

Priyanka (My Sister)

Born & living in India since birth

 

Pardeep (Married to Priyanka)

Living in USA from the last 6-7 years

 

Marriage Date : 18 Jan 2008

 

Marriage Registered : 30 Jan 2008

 

John (Me)

Born & living in India since birth

 

Paramjit Kaur (Married to john)

Living in USA from the last 6-7 years

 

Marriage Date : 19 Jan 2008

 

Marriage Registered : 28 Feb 2008

 

Pardeep went back to USA after 10 days from the date of marriage as he was not able to get leave for more days. His wife (my sister) stayed back here with us. Before going back he got the marriage registered.

 

Before my marriage took place it was decided and finalized by both the families that my wife Paramjit will be staying here in India itself, after marriage of course.

 

My parents even spent money on my in-laws behalf as they requested to do so and promised that they will pay back once they receive the funds from their bank in the USA. After some days my parents asked them to clear this amount but instead they asked my parents to send me (John) along with them to USA. But we simply refused that this isn’t possible at all. And right after this they sent my wife (Paramjit) back to USA in the next flight, without even informing us. This seemed like they had planned this in advance.

 

When we enquired that where is she, they started fighting with us.

 

When there was no response, we had no other choice but file an FIR with the local police.

 

 

After this also there was no response from their side. Hence we filed 2 court cases against them, one from my sister and the second from my side, under the Hindu marriage act, section 9 in Haryana Court, India, dated 25 March 2008.

 

Respondent :- my parents in law(USA), my grand parents in law(INDIA), my sister’s in law(USA), my brother in law(USA)

 

Court issued notices for the above stated respondents but they did not accept these notices for several months. The notices which were sent to them, were sent back to us stating that the address mentioned is incorrect.

 

Then the court published information regarding this case in the newspaper, but in spite of this there was no response from them at all. Hence the court decided that they are X party.

 

After this decision made by the court, my grand parents in law (India) hired an advocate and he submitted their answer to the court in which my grand parents in law (India) declared that they don’t have any relation with my parents in law in the USA.

 

Then the case went on and on…..

 

3 months back they filed the New York’s court order in the Indian court. And about this I already asked you…. That is an Indian court bound to follow the orders of a court in USA.

 

Also sending you some files (3). Please have a look at them too.


Attached File : 30 30 john.zip downloaded: 96 times

John (Lawyer)     21 January 2010

Hello

Devajyoti Barman sir

Arup Kumar Gupta sir

I hope i am not disturbing you much. I am in desperate need of your help and expert guidance.

Waiting to hear back from your side.

 

thankyou sir

John

 

Devajyoti Barman (Advocate)     22 January 2010

Which one is the latest? If the Foreign judgement passed during the pendency of the case in India then the Court may not be compelled to abide by thr directions in the foreign judehement under the circumstances as mentioned earlier.

John (Lawyer)     22 January 2010

Hello Sir

Thanks for your kind help. The case in India is still going on and yes they took those orders from the USA court and sent them here. Can you please tell me about some case, which i can quote in my appeal to the court? This will greatly help me in getting the matter solved.

Thankyou Sir

JOHN


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