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A VICTIM OF MRS HITLER (JUSTICE SEEKER)     12 May 2010

RTI proves collusion what to do?

I have been issued a summon to my office address by wife/brothers although she knew my residential address.

CAN A DEFAMATION CASE BE FILED FOR THIS?

Subsequently, i filed RTI at the ACJM who replied  that court DOES NOT HAVE MY office address. It has only my residential & permanent address.

THIS CLEARLY SHOWS collusion & INFLUENCE OF THE COURT OFFICIALS from the opposie party.

WHAT IS SHOULD I FILE & WHERE TO EXPOSE THIS NEXUS ?



Learning

 14 Replies

Legal Fighter (Advocate)     12 May 2010

file another RTI in court, seeking information as from where did the court get ur office address what is the supporting document vide which they sent summon to ur office address. also seek the name and other details of the person who prepared summons.

defamation may not be made out.. but at least u can start collecting documents for filing any such case in future.

1 Like

Virender Pankaj (Advocate)     12 May 2010

No defamation.

No case is made out against the Court official.

Arup (UNEMPLOYED)     12 May 2010

CONVIENCE THE  CONCERNED JUDGE IN THIS REGARD, BY SHOWING BOTH THE DOCUMENTS OR MAY FILE AN APPLICATION TO THE HIGHER AUTHORITY OF THAT COURT FOR CHANGE OF COURT.

Arup (UNEMPLOYED)     12 May 2010

PLEASE READ - FOR CHANGE OF THE TRIAL COURT.

Arup (UNEMPLOYED)     12 May 2010

YES IT IS A CASE OF DEFAMATION U/S 499 & 500 OF IPC & A CASE OF CRIMINAL CONSPIRECY U/S 120B OF IPC.

THERE IS A HIDDEN INTENTION TO DEFAME YOU & YOUR RESPONDENT USE THE COURT CLERK FOR THAT PURPOSE.

THE QUESTION IS -

Arup (UNEMPLOYED)     12 May 2010

1) why they use your office address?

2) who provide it to concerned court clerk?

3) by who's order court clerk use this address?

you may demand for punishment of the concerned person.

you may appeal to the higher court - for change of trial court.

G. ARAVINTHAN (Legal Consultant / Solicitor)     12 May 2010

The judge may be biased. Better file an application for transfer of case to different court

Anil Agrawal (Retired)     12 May 2010

Is your office address written in the complaint?


(Guest)

1. Normaly at Admission stage Court orders reads as " blah blah .....Issue Notice, RC / PF to Respondent with Copy, Dasti in addition for next date of hearing xx/xx/xxxx. Sd/- MM, date....
2. The Complainant side goes to Ahlmed's desk with pre-filled up PF form, affixing court fee nexeccary therein with 1-2 addresses of respondent (this is where they intentionally put office address/lots of times wrong address to get exparty interims). They annex Copy of suit / complaint etc. with PF form. Take signed ACK from Ahlmed of the Court and go back for a movie means party. They also enclose envelop with proper postal stamp and mention your office address.
3. The abv is normal court procedure. Now here is the catch -  Ahlmed are so lazy (read greesy) that they donot check Memo of Parties. The Notice by post goes to Office address of Respondent and if it is Dasti request too then the Process Server of Court knocks at your Office Reception looking like DGP of State as if he commands your entire Office and if you are not called at Reception in mili seconds then he is going to pronounce the Judgment then and there itself kar key. That is where the original question issue (read cause of action) starts which defames a normal person in the eyes of the Org. he works for as it is tough to explain to superiors immediately after receiving court copy from a court staff why a Court Process Server knocked at an MNC reception and asked your MNC's office good looking receptionist for you. You have made several impressions with her but all that goes for a six when menancing lookign court server asks her your name and demands your presence...you understood the scenario now... 
4. The harsh fact here is that in matrimonial cases Courts take defamation / contempt of court / perjury even injunctions very lightly. If you ar enot concinced then show me 10 Orders of any States HC including Hon'ble SC on these 4 micro heads where HC / SC has taken a pot shot. So the solution to your already damaged personality is mentioned in next paras.........
5. If you are well off (financially) means can sustain lower job somewhere else or can pull your bread and butter for say next 6 - 9 months then indirectly get yourself terminated with small reference to a Court notice and character doubtful in you by the Boss in that termination letter etc. etc. kar key
6. Now, here is when Court will listen to you if you file immediately defamation and blah blah (means counter cases from day 1 on your reputation / tarnisshed image etc. etc.).... otherwise make this just a contentious debate going around.......
Understood.............
Rgds

Anil Agrawal (Retired)     13 May 2010

Please read this which might clear some cobweb. I bet the judgement has been cosigned to the dustbin of history:

 

Ksl And Industries Ltd., (Formerly Known As Krishna Texport Industries Ltd.), A
Company Duly Incorporated Under The Companies Act, 1956 vs Mannalal Khandelwal
And The State Of Maharashtra Through The Office Of The Government Pleader
Intervenor: Mr. Vijay Agarwal, President on 1/2/2005
 
JUDGMENT
 
   Dalveer Bhandari, C.J.
 
 
   40. Immediately after the presence of the accused is secured, an option be given to him whether, at that stage, he would be willing to pay the amount due, along with reasonable interest, and the Court may consider passing suitable order. But where the accused is not willing to pay the principal amount with interest even at that stage, the Court may fix up the case at an early date, and ensure day to day trial of the case. In order to accomplish the underlying object of the Act, we deem it appropriate to pass the following directions:
 
     33 (a) Experience reveals that enormous time is spent at the stage of summoning / serving the accused. The Court must adopt pragmatic methods and must serve them by all possible means of service, including Email. The Court would be justified, in appropriate cases, to take the help of concerned police station for the service on the accused. The Court should avoid giving long dates.
Instead, the Court must repeatedly issue summons to secure the presence of the accused. The Court must ensure that the accused are not permitted to abuse the system. 
 
     (b) The Court concerned must ensure that examination in chief, cross examination and reexamination of the complainant must be concluded within three months of assigning the case. The Court has option of accepting affidavits of the witnesses, instead of examining them in Court. Witnesses to the complaint and accused must be available for cross examination as and when there is direction to this effect by the Court.
 
     (c) Complaints must be disposed of as expeditiously as possible, and in any event, within six months from the date when the presence of the accused has been secured. In case the concerned judicial officer is not able to dispose of the complaint within six months, then, the concerned judicial officer must submit a report to the concerned Sessions Judge, indicating the reasons which led to delay in disposal of the complaint. The report submitted by the concerned
judicial officer shall be taken into consideration while evaluating the performance of the concerned judicial officer.
 
     (d) Every judicial officer must ensure that at least four cases in a month are disposed of by reasoned judgments.
 
     (e) The trial of these complaint cases under Section 138 of the Act be continued from day to day until its conclusion.
 
     (f) The complainant must ensure that the legislative intention is carried out in dealing with complaints under Section 138 of the Act.
 
     (g) The Registrar General is directed to monitor that directions given by the Court are scrupulously followed. A comprehensive quarterly report be submitted to this Court indicating whether directions of this Court are followed.
 
   41. All these petitions are accordingly disposed of. Rule is partly made absolute in Criminal Writ Petition No. 1228 of 2004. All intervention applications stand disposed of.
 
   42. These petitions would, however, be listed on 1 st March, 2005 only to ensure compliance of our judgment, as mentioned below.
 
   43. We would like to place on record that presently, there are 727 posts of Civil Judges, Junior Division, in the State of Maharashtra. The entire process of filling these vacancies is complete, as far as this Court is concerned. The Civil Judges, Junior Division, and Metropolitan Magistrates are already overworked; and giving them additional burden may not yield any fruitful and
desirable results. About 4 lakh complaints under Section 138 of the Act are pending in various Courts. According to the legislative intention, these complaints must be disposed of expeditiously. The only way to achieve this object is to have larger number of judicial officers. Therefore, in the larger interest of justice, it has become absolutely imperative to create at least 100 additional posts of Judicial Officers in the Cadre of Civil Judges, Junior Division, in the State of Maharashtra.
 
   44. We direct the Chief Secretary of the State of Maharashtra to ensure that 100 additional posts of Civil Judges, Junior Division, and their supporting staff are created forthwith, and in any event, within two months from today. 45.Even after receiving sanction from the State, to complete the entire process, at least time of few months would be required.
 
   45. Therefore, looking to the urgency of these matters, we direct the Registrar General to appoint following judicial officers in various cities of Maharashtra to deal with cases under Section 138 of the Act exclusively:
 
Sr. No. District No. of officers
 
 1 Mumbai 15
 2 Pune 12
 3 Nagpur 4
 4 Ahmednagar 2
 5 Aurangabad 1
 6 Nashik 2
 7 Kolhapur 1
 8 Solapur 1
 9 Thane 2
10 Satara 1
11 Jalgaon 1
 
                Total 42
   46. The Registrar General is directed to post the officers as enumerated in preceding paragraph within two weeks.
 
   47. We direct that the copies of this judgment be sent to the Chief Secretary and the Law Secretary of the State of Maharashtra within three days for immediate compliance.
 
   48. These petitions are disposed of. These petitions would be listed on 1 st March, 2005 for limited purpose of ensuring the compliance of our judgment.
 
 
  

 

 

 

J. P. Shah (RTI & CONSUMER ACTIVIST)     14 May 2010

PIO must reply at the address given by you in RTI application and at no other address. Please lodge a complaint with State Information Commission. YOu may please refer:

 

 

HOW TO COMPLAIN U/S 18 [CENTRAL/STATE]

https://www.rtiindia.org/guide/how-to-use-your-right-to-information-4/complaint-under-rti-act-2005-24/

A VICTIM OF MRS HITLER (JUSTICE SEEKER)     21 May 2010

THX all fr the comments...particulalry to Arup....Now tell me ..to take the argument a little further...

this female called wife ...has written a 4 page 'HANDWRITTEN letter to my office .carrying the same story as in her DOM VIO case against me ...and also THAT I SHOULD BE TERMINATED .....AND THIS WAS DONE BEFORE SHE FILED the DOM VIO case....

I have consulted a no of lawyers most of them tell me.....THIS DOESNOT MAKE A DEFAMATION CASE???!!

WHAT IS RIGHT AND WHAT IS WRONG???


(Guest)

1. U r fishing in totally wrong direction.
2. Have u read and understood my previous reply para 4,5 n 6 ?
3. That is what I call a successful defamation suit in a matrimonial case.
Rgds
 

legaljoe68 (member)     01 June 2010

such case like yours is common feature at Indore Family Court where nexus exists . In my case also the same thing happened. In application mentioned contained my residential address and in sumons my office address and the address of  my Head Office . who intentionally opened the court summons and served to me and fictitious inquiry started by Govt deptt on dowry charges and I was transferred and I did not join my duties and got removed and informed the court and not paying maintenace of Rs 2000/- My wife has again moved  the same court under section 24 and 13(a) saying that she has not received a single amount. Although for 6 months I had paid RS 12000/-. I have written to Chief Justice Of Mp but I do not know action taken . I will resort to perjury under section

(The place of occurrence of offence is under jurisdiction of this Hon’ble court)

APPLICATION  FILED UNDER SECTION 340 CrPC READ WITH SECTION

In case no  filed under section 13(a) & section 24 of Hindu Marriage act

1.    Humbly submits that, this applicant is the respondent   in case no  &     the respondent no.1 is the defacto complainant on the file of this Hon’ble Court.  

The applicant humbly submits that

 The respondent has given false statements knowingly that those are false and used as true statements to cause injury to the applicant’s reputation in  the society, defamation, financial loss, loss of normal living life, mental and physical harassment. The respondent is misleading the Honourable Court since year 2006 and misusing the provisions of Law and Process of Law.  The details of the false statements are as described below

That statements have been  made intentionally to cause miscarriage of justice

In CrPC 125, the express provision of the law is that only the women who has no source of livelihood is entitled to claim maintenance. By not stating her income that woman is inducing the court to believe that she is not earning and thus liable for perjury

So the lesson is that one can not be complainant in perjury proceedings. One can only be the applicant. The concerned court is the complainant. Now what happens to the main case. The case is generally deferred till this perjury issue is decided. But this is not necessary. The court can still proceed with other aspects of the case. Though nowhere written in the code, but an unwritten rule is that perjury complaints are filed when there is high likelyhood of the person against whom perjury proceendings are started being convicted. (or if its written somewhere, I might have overlooked, no willful omission here

P R A Y E R

  1. Under the aforementioned circumstances, it is prayed that the Hon’ble Court may be pleased to make preliminary enquiry into the offence of perjury committed by respondent. Make a complaint prosecute and punish the respondent for the offences committed.

2. Applicant humbly prays Hon’ble Court grant  a stay in case NO    till enquiry and investigation is completed on the application

for free advice contact me on my email sanjaybhaigujju@hotmail.com


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