(2) Misuses of Certain Provisions of law in India : - Arrests by Police to recover money dues to the Complainant.

(2) Misuses of Certain Provisions of law in India : - Arrests by Police to recover money dues to the Complainant.

The use of Police for recovery of money due, happens when a Creditor invokes Sec.420 of IPC and says that the Debtor has cheated him..

Once the complaint is given to police, police gets power to arrest debtor.

The power of police to arrest without warrant from a judge is justified a) When a person refuses to disclose his identity to police b) When person is of wandering tribe, without having family, without having properties, without having substantial deposits in bank, and it may be for hard police to locate him again c) The person is of violent nature and if he is not immediately arrested, he may harm others. d) The person is so powerful that he can neutralise or threat potential witnesses..

In cases were the accused are civil by their nature, when they have trade, when they have offices or shops, when they have properties and families, when they are not likely to abscond, when they are ready to give undertaking that they will be available for further inquiries by police, it is not justifiable to arrest such person by police without warrant from a Judge.

I hope that young lawyers will give some look at these "Arrest without warrant" provisions to see how they can interpret these provisions in a beneficial ways to prevent misuse of these provisions, when they get such a case.

#law #lawyer #delhi #rent #property #india #people #lawyers #delhi #delhihighcourt

1) Misuses of Certain Provisions of law in India : - Misuse of Sec.14 (e) of Delhi Rent Control Act.

(1) Misuses of Certain Provisions of law in India : - Misuse of Sec.14 (e) of Delhi Rent Control Act. 

A person, who is not even an owner of any premises can file an application under this provision,.and can still claim to be a Landlord. He can describe the occupant of a house as his tenant.

And then he only needs to see that after the service of summons, the defendant or his lawyer forgets to file "Leave To Defend Application' within 10 days.

Then the Rent Law says that "When no leave to defend application is filed within 10 days, the Rent Controller is bound to take facts stated in application as true and he is bound to pass eviction decree against occupant of house".

There are a lot of complicated situations where even "not lawful owners" can evict gullible people who may be occupying the premises.

Since such occupants are gullible, they are usually not aware that if their lawyer will forget to file "Leave to Defend Application within 10 days", they may lose possession on technical grounds because of misuse of law and or because of misconceived admissions in such applications at trial court level.."

Once such an injustice happens, the defendant has only two remedies, approach same court by way of review or to go to High Court by way of a revision..

But here again it may not be open to tenant to argue that the person who filed 14(e) application is NOT THE TRUE OWNER of property. 

Thus, in this law, there are scopes of misuse.

I hope that young lawyers will give some look at these provisions to see how they can interpret these provisions in a beneficial ways to prevent misuse of these provisions, when they get such a case.

#law #lawyer #delhi #rent #property #india #people #lawyers #delhi #delhihighcourt