Statement of respondent in civil matter Statement of respondent in civil matter

2 years ago

I have lodged written complaint against my brother in law for not returning my money which he took by net banking transfer. Police officials took my written statement , but did not take written statement of my brother in law. In RTI reply, they replied that as it is civil matter statement of respondent is not taken.
Is this valid of not taking statement of respondent in civil matter and as per which rule /section ?

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.you have to either file FIR of cheating or file case for money recovery.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
You are the complainant in this case therefore the police took your statement. The respondent can refuse to give a written statement to the police and such a statement is not admissible in courts also. So you do need to worry about that. After the case goes to court your brother-in-law will have to submit his written statement there. If you think that police investigation is biased, you can approach the magistrate against the police for such investigation

If you find this answer helpful please rate my answer. Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Since you are the plaintiff in this case, the police have taken your statement. The respondent has the right to refuse to send police a written statement, and such a statement is not admissible in court. But that is something you should be concerned about. After the case is filed in court, your brother-in-law will be required to make a written statement. If you believe that the police investigation is skewed, then you can file a complaint with the judge.

If you find this answer helpful please rate my answer. Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Meenakshi Periyahkaruppan

Responded 2 years ago

View All Answers
A.Police only enquires the complaint given. In a court case only written statement is applicable
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers
A.Dear Sir,
Police have right to investigate preliminary and hide such investigation. You may approach civil Court with available strong evidence.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.आप शिकायत कर्ता हो इसलिए थाने मे आपका बयान लिया गया।चूंकि आपकी शिकायत पैसे के लेन देन से सम्बिंधीत है।इसलिए दुसरे पक्ष की बयान लेना आवश्यक नही है।
दिवानी मामले मे दोनो पक्षो को अपने बयान के अनुसार अपना केस साबित करना होता है।
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconTraffic challan transferred from Vcourt to regular court
Dear Client, A traffic E- Challan is an electronic, computer-generated version of the normal Traffic fine or Traffic ‘Challan’ which can be paid online at echallan.parivahan.gov.in. It ensures transp...
question iconRegarding shared private road
Dear Sir, You may file a suit for permanent injunction and avoid interference or use of your private road by others.
question iconRedevelopment rent not paid 5 months and given possession dec 2023
Dear Sir, It is better to get issue a legal notice and proceed legally by filing a suit for recovery of such amount.
question iconAcceptability of an affidavit from a 1st class Judicial magistrate
Dear Client, An affidavit is a legal document that is used to state facts under oath. The affidavit should be made on a stamp paper of the appropriate value as per the state where the applicant reside...
question iconNeed advice to go for high court
Dear Client, After the lapse of 15 years from the date of the cause of action, your claim is now barred by law of limitation, and in the absence of any cogent grounds of delay in filing an appeal befo...