What to do if affidavit has lies and judgement is based on that affidavit?
Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always) 06 June 2011
What to do if affidavit has lies and judgement is based on that affidavit?
Doveson (advocate) 06 June 2011
if you can prove it then the peron wearing the affidavit is liable for perjury and contempt of court. but you have to prove it after the same is filed and before the judgement. now you will have to explain why you couldnt prove the lies then.
Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always) 06 June 2011
It involves a contempt case.
Law is clear that when court issues notice to a party, the respondent has to: 1) Serve reply on the party that has filed the case and 2) Should , file reply with court registry along with proof of having served it to the other party.
More than normal time was given.
Yet, contemnors violated fundamental court ethics. Court also did nothing.
I was kept in dark on what was contended by contemnors. Judge immediately pronounced an order too. (All these happened in 15/20 minutes).
I literally begged for reply in the court and they gave it to me only after the order. I analysed it in leisure and have found that it is based on lies (1.evident, 2.proven through RTI). So, it is now (in postmortem i.e. the case has been closed with that deficient order) established that the affidavit has bold lies.
I am being told that I have to go to High court with writ and that I would have to challenge this in that writ.
Now what to do? What all points/clauses/rules to raise? How to raise?
Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always) 06 June 2011
As regards inability to prove lies during argument, the entire process was almost like ex-parte. I was just a physical entity standing, pleading and cutting a sorry figure despite my rightful cause. Fence itself grazed the crop that I raised through ingenuity, hard labor.
I was not even given the reply. I did not even know what was contended.
Doveson (advocate) 06 June 2011
you didnt have a lawyer with you? were you regularly attending the matter and not sought adjournments just to delay the matter? if answer is no to both, you can very well file a revision in the same court. where has this happened by the way?
Doveson (advocate) 06 June 2011
the contempt proceedings were instituted at your instance? civil or criminal?
Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always) 07 June 2011
· I am fighting this case IN PERSON.
· It is in CAT.
I have not asked for adjournment even once.
· I was not even given the reply as is mandatory in law. Contemnors gave so called reply to judge by hand in court, during court and not through registry as law prescribes. Judge gave order immediately in their favor. I could not detect lies on oath in that affidavit.
· Coming to REVISION. CAT allows review. It has 2 paths. A) In cases that have been given adequate hearing and order has been pronounced after that, CAT allows review by same judges in circulation. B) In cases where new evidences that did not exist/were not considered at time of order is unearthed after that, Order 47 of CPC get applied along with CAT rules. CAT can allow another track, where the case will be heard and then bench, procedure will be decided for review (REVISION).
· Unfortunately, CAT has put the cart before the horse and treated my review application in normal mode. That judge killed me. 3 years of pain, saga has gone waste in single shot. Lot of injustice has happened to me, to justice per se.
Doveson (advocate) 07 June 2011
see, we have got one of the best laws in the world but not all the judges are at par. at the end of the day, no judge can kill you. you better file a writ petition provided you are really aggreived. and since you are in person, you dont even have to worry about the lawyer's fees.
Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always) 07 June 2011
It is so disgusting that justice fails justice per se. There is lot to be desired. There are glaring frauds right at the deep roots!!!! If this were not a public forum, you would have been appraised of backgrounds; individuals; injustices; causes that are being fought at, for; permanent maimings that have been inflicted for GREED. “I cry, weep many times EVERYDAY for injustices that these individuals have caused for their GREED”. God is great. I hope to get justice. Prayers to God and definitely not to these sorts of individuals for blessings.
I am making up my mind to file writ. I am going to file following:
1. Directly on contemnors:
1.1 Perjury – 1: MISREPRESENTATION of court order on oath.
1.2 Perjury – 2: MISREPRESENTATION of contempt petition on oath.
2. Lower court orders that are based on bold lies, misrepresentations that the court has allowed.
2.1 Order in contempt petition (CP) -1
2.2 Order in CP -2.
2.3 Adjournment in CP-1.
Can I file one writ and add all these as sub-writs (i.e. individual applications in that writ)?
Doveson (advocate) 07 June 2011
i need to know more details. and public forum or otherwise, if it is the truth, you can publish it anywhere. where r you based by the way?
Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always) 08 June 2011
"i need to know more details".
1.1) I am in Delhi.
1.2) CAT has done immense injustice by compounding injustice many many fold.
"if it is the truth, you can publish it anywhere."
2.1) It is definitely truth.
2.2) Why are you suggesting to publish this?
* I want legal victory.
* I am not much inclined to publish it.
* Rather, I would consider placing the victory as a gif to my nation, universe, God;
but I DEFINITELY deserve to win the case at least at long last. It would be nice if legaly, ethically correct help comes in for that.