To prevent all the above queries asked by you, file a caveat before the supreme court. You will be notified and served a copy in case they wish to file an appeal in sc against hc judgement.
Supreme Court - property matter after losing case in Delhi High Court
Facts - 1. I recently won a property matter of land encroachment from Delhi High Court after 20+ years. The Court ordered that I get my property back from my neighbour. 2. My neighbour is notorious for submitting false land documents such as demarcation report etc. in court to fool the court. He did the same in High Court but was exposed. However, by the time he was exposed good amount of years had already elapsed and in the end court rejected his documents. 3. My main concern is that now my neighbour and his lawyer inorder to get the matter admitted in the Supreme Court submit incorrect documents so that once the matter gets admitted he is relieved for next 10-15 years till the matter comes up for hearing due to the pendency of matters in Supreme Court. 4. Here if the matter gets admitted in SC on the basis of the incorrect documents, I will again have to wait for years till the matter comes up for hearing and then prove the documents to be wrong. MY QUERIES 1. Is it easy for anyone to submit false documents in the Supreme Court to get the land/property matter admitted in the SC? 2. What are the percentage/chances of land/property encroachment matters being accepted in the SC? 3. Do I also get a chance to submit the correct documents in the SC before the matter gets admitted? 4. Any other precautionary step I should take now till the 90 days limitation period? 5. What is the role of the Registry/Registrar or some other offices in SC that examine the matter? Thank you.
Asked 6 years ago in Property Law
Religion: Hindu
22 Answers
If forged documents are submitted, you can complain to registrar and mention the suit before bench. Court will not grant stay without hearing you, so at that time you can submit your claim.
Submitting false documents in SC is very risky. Repercussion, if documents found forged.
File caveat in SC.
Admission of appeal depends on lower court order.
On submitting fair documents by you, court can compare which are forged. .
1. You must immediately file a caveat in the SC
2. yes you will get all the opportunity to represent yourself before the SC
3. Immediately file a caveat so that you are heard on the date of admission itself and no notice is issued on the basis of false documents.
Regards
Registry/ registrar will not go into the merit of the case to see that whether false or fabricated documents have been filed or not.
Regards
You cannot lead any fresh evidence in appeal
2) appeal would be decided on basis of evidence on record
3) Appellant has to file compilation of documents on record
4) you can file caveat in SC
5) registry checks whether Appellant has filed certified copy of order against which appeal has been filed whether objections raised have been removed
1. Losing party has been given the right to appeal to the Supreme Court against the judgment of the High Court, so he can get his listed but the chances of admission are very meagre Supreme Court only listens to cases where there is a question of law that wasn't addressed by the subordinate Court or in cases of gross miscarriage of justice.
2. Depends on the facts and merits of each case and and it cannot be generalized
3/4 You should file caveat petition in the Supreme Court. Caveat petition means that you are requesting the court that if in case a specified person or organisation files a case in that court in which you are having some valid interest, then no order should be passed by that Hon'ble court without giving you a notice about that case being filed and also without listening your side in that matter.
5. The role of the registry is to list the matter before the court. Roster is decided by the CJI.
Sir,
You file an execution petition of the High Court order.
Until not stayed by court, the op can't object. For obtaining stay they themselves would make efforts for early listing and hearing.
Your work.will be done if matter is early heard.
1. See in appeal SC court will not consider any new document he can only submit documents submitted before the high court so don't worry of same.
2. See if he has submitted false document and same is mentioned by HC in the order then in that case it would be difficult for them to get matter admitted and further you file a caveat before Supreme Court.
3.Yes you can file caveat and can contest on the admission stage,
4. File a caveat before the SC.
5. They just scrutinise the filing details not merits of the case.
1. No it's perjury to submit false documents as well as contempt of court.
2. Depends on merits of matter.
3.yes you can submit noe or even after admission.
5. They examine the legality and procedural formalities of a given matter.
First check the order to find whether HC has granted certificates for fitness for appeal to Supreme Court. If not then opponent has to file SLP in SC.
You can file a Caveat in SC immediately and raise objection to grant SLP on ground of falsification of documents by the opponent.
You can file a Caveat in SC.
They cannot introduce new or additional evidence in appeal. They must rely on the evidence that submitted in the previous proceedings.
1. A fraudster knows plenty of ways to do fraudulent things, hence he may find out a way to penetrate inside.
2. It depends on how he prefers an appeal.
3. On getting notice you may have to appear befor court and if possible you may submit your counter to it immediately along with the documents you may rely upon.
4. You may file a caveat petition.
5. There are plenty of functions for them.
Dear sir
Supreme court is not a trail court. In supreme court the arguments are advanced on the evidences submited in the trail court.
There is no chances for other party to submit more documents.
1. & 2. Any body can venture upon filing petition before the Supreme Court challenging the order passed by the High court but no fresh evidence is ordinarily submitted there. The appeal will make scrutiny of the order passed and shall deal with the documents already submitted before the High Court ordinarily.
3. The High court has already decrared that the documents submitted by your neighbour are false and you had probably submited copies of the original documents there. So, no fresh documents might be ordinarily requirede to be seen by the bSupreme Court. However, if the Apex court directs or grants leave, you can submit the originbal documents related to the case.
4. You can file an Execution Petition before the High Court for executing its order passed. in that case, yuouir neigh bour shall have to file an application for staying the enforcement of the execution of the said order and the case wiull come up for hearing much faster and you shall have the chance to file petition for vacating the tay if at all granted by the Apex Court.
5. The office of the Registrar of the SC will check the procedural correctnness of the appeal before accepting it.
Thank you all for your reply. My follow up queries are - 1. I want to engage a lawyer in SC, then what should be the criteria for selecting one? I came across a number of lawyers with fancy designations such as Senior Advocates, AOR etc. What should the criteria when I avail the services of the lawyer in SC. Also, I see some really young lawyers who come across as promising. So does age or seniority also matter in SC? 2. In case my neighbour in another contempt case in lower court, bribes the police and they prepare an incorrect report of contempt. Can i get the report corrected by a senior police officer by making a written complaint about the points in such report to be corrected. Or the same can only be done in the court because the incorrect report is now submitted in the court and the police officer did not prepare the report properly. Please let me know the step to be taken to get the police report corrected after it is submitted in the court but without showing the same to me?
Asked 6 years ago
There is no age or seniority in sc. If you engage a senior advocate sometimes their face value helps you but it finally depends on merits of your matter
Yes seniority does matter but that depends on your paying capacity. So you may engage anyone whom you find promising and if at any point you think that advocate of other party is strong then you can engage a senior.
caveat can be filed by anyone and I would advise you to file it at the earliest.
regards
It is up to you to choose a lawyer.
1. Seniority does matter in Supreme Court but the thing with feathers is the knowledge of a lawyer and the efforts put in the case.
2. You can file an application seeking order of fresh investigation on the grounds that the entire investigation was botched and all the facts are not properly investigated. Report cannot be changed by the senior officials of the police
1. Sr. Advocate or Advocate on Records are not fancy designations. However, you shall have to apply your mind for selecting your Advocate to appear for you before the Supreme Court.
2. The question of Contempt oif Court arises when the order of the Court is not abided by the concerned party. In the instant case, the buildfer can lodge a police complaint against you alleging assault or intimidation against you and also can manage a favourable police report. In the said event you shall have to contest the case fittingly after availing anticipatory bail if FIR is registered against you based on the false complaint lodged by the builder.
select promising young lawyer blended with some experience
2) you can send written complaint against police officer who had prepared incorrect report
3) also raise issue in court
1. Choosing a lawyer to handle your case will depend on how you want to approach the case as well as the lawyer.
You dont have to be worried about the status of the lawyer, if you feel that this lawyer would be able to successfully handle your case you can go ahead.
2. You dont worry about the incorrect report submitted by the police, because you can challenge the same before the court during trial proceedings and nullify the same since they are incorrect and you have documentary evidences to prove that the information submitted by them are false and created to cheat or play fraud on the court.
Filing something and arguing on that is not easy and one can be arrested for perjury in case the documents are false.
The case must involve an important question of law and not every matter is accepted as a matter of course.
He may file a slp but admission and issuance of notice is not easy unless the top court finds some merit in it.
Regards
If the Delhi hc has rendered a judgment it has to be assailed un the supreme court on legal grounds. It is not easy to get an slp admitted.
Yes tu ou would be given time to submit your side of the case.
A lawyer is engaged on the basis of trust...his standing at the bar...reputation etc.
There is not one basis upon which you select a lawyer.
Therefore it is entirely upon you.