Criminal case against new Secretary for acts of ex-secretary
2 years ago
A member of Hsg Society died and two of three sons got the property transferred being nominees and sold it without knowledge of third brother living abroad. On his return to India he filed a civil suit against the two brothers, the buyer and the Society and that makes sense but he filed a criminal case against new chairman and secretary who knew nothing about it. How can this be done?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.criminal case can happen only by 2 ways. private case or FIR.
in FIR, police will drop new chairman and secretary.
if private case then again it will come for investigation to police and they have to drop new chairman and secretary.
so no need to do anything.
in FIR, police will drop new chairman and secretary.
if private case then again it will come for investigation to police and they have to drop new chairman and secretary.
so no need to do anything.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
A civil suit against the brothers is justified since the cause of action arose because of their actions. Criminal liability or charges are imposed after investigation and deciding the malicious intention of the parties. Since the chairman and secretary are recently appointed then criminal liability cannot be imposed on them.
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A civil suit against the brothers is justified since the cause of action arose because of their actions. Criminal liability or charges are imposed after investigation and deciding the malicious intention of the parties. Since the chairman and secretary are recently appointed then criminal liability cannot be imposed on them.
If you find this answer helpful please rate my answer. Thank you
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A.Hi,
Since the third brother knew nothing about the transferred property he can file a civil suit as well as a criminal suit against his brothers if the circumstances and the facts of the case permit so. But in an event when the suit is filed against the Housing Society Secretary and Chairman the courts will evaluate their involvement in the work and for imposing criminal liability malicious intention on part of the accused is necessary of that remains unproven or non established they cannot be held criminally liable.
If you find this answer helpful please rate my answer. Thank you.
Since the third brother knew nothing about the transferred property he can file a civil suit as well as a criminal suit against his brothers if the circumstances and the facts of the case permit so. But in an event when the suit is filed against the Housing Society Secretary and Chairman the courts will evaluate their involvement in the work and for imposing criminal liability malicious intention on part of the accused is necessary of that remains unproven or non established they cannot be held criminally liable.
If you find this answer helpful please rate my answer. Thank you.
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A.Dear Sir,
Such and criminal case can be quashed by HC.
Such and criminal case can be quashed by HC.
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