Unveiling Truth: Navigating the Depths of Evidence Law

Dear Client, Both under the Right to Information Act, 2005 and Section 76 of the Indian Evidence Act, 1872(now Section 75 of BSA, 2023), you can apply before the Court/Public Authority seeking information/documents following the procedure of application. While the RTI Act provides a time-bound response to an application up to the First Appellate Authority, there is no provision as such under Section 76 of the Indian Evidence Act. The Registrar appointed under the Birth and Death Registration Act, 1969 is the competent authority to register the reported birth and death and issue a certificate of birth or death to the applicant and is the sole custodian of all records related to births and deaths of his jurisdiction. According to Section 76 of the Indian Evidence Act, 1872(now Section 75 of BSA, 2023), every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees thereof, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title and shall be sealed, whenever such officer is authorized by law to make use of a seal; and such copies so certified shall be called certified copies. You can apply for certified copies of public documents like orders, judgments, order sheets, and even entries in certain registers and FIRs that are in the custody of the Court or the Public Authority. So, you may make an application addressing "To, The Registrar, under the D & B Act, 1969, IN THE OFFICE OF THE BIHAR SHARIF MUNICIPAL CORPORATION for the issue of CC of birth certificate paying fees as asked for by the authority post verification of your application and availability of documents in the office of the public authority.

Dear Sir, You may approach Higher Court if law permits it. Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.

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Dear Client, Based on the facts stated by you, if you possess documentary and electronic evidence supporting the allegations of wrongful insurance sale, incorrect loan disbursement, excess charging of processing fees, discrepancy in interest calculation, improper EMI handling, wrongful reporting of dues, and non-compliance with RBI directions, you may have a valid cause of action against the concerned bank for deficiency in service, unfair trade practice, negligence, and possible misrepresentation before the appropriate consumer forum. However, with regard to your demand of rs. 10.5 lakhs as compensation and out-of-court settlement, it is important to understand that compensation in such matters is ultimately discretionary and depends upon actual financial loss, mental agony proved, deficiency in service, conduct of the bank, documentary evidence, and the findings of the adjudicating authority. Merely because the bank committed mistakes or because a larger systemic issue may potentially affect other customers does not automatically entitle a complainant to very high punitive compensation. Courts and consumer commissions generally award compensation that is reasonable and proportionate to the proven loss and harassment suffered. Your strongest claims appear to relate to: 1. Wrongful insurance selling/refund handling; 2. Excess or incorrect interest charging; 3. Improper loan accounting and EMI handling; 4. Bounce charges and credit score impact caused due to bank error; 5. Delay in issuance of NOC despite loan repayment; 6. Deficiency in grievance handling despite repeated complaints. The fact that: 1. RBI CMS complaint resulted in relief, 2. the manager allegedly acknowledged mistakes, you possess sanction letters, repayment statements, recordings, and written communications, may strengthen your case. You can file a complaint before the District Consumer Commission through the e-filing platform. You can claim compensation for: 1. Refund/reversal of excess charges; 2. Interest on wrongly debited amounts; 3. Compensation for harassment and mental agony; 4. Litigation expenses; 5. Rectification of credit history/CIBIL impact if affected. However, claims such as Rs. 7 lakhs for “finding mistakes” in the bank’s internal process may not ordinarily be accepted unless linked to a legally recognized and quantifiable loss. Similarly, statements about shutting down the bank or mass litigation should be avoided in legal notices and proceedings, as they may weaken the professional tone of your case and could be interpreted adversely. It would be advisable to: 1. Organize all evidence chronologically; 2. Prepare a concise issue-wise chart of violations; 3. Preserve RBI CMS and NCH complaint outcomes; 4. Obtain loan statement, sanction letter, EMI breakup, and insurance details in writing; 5. File a consumer complaint seeking compensation supported by evidence. If the bank proposes settlement, you are free to negotiate; however, there is no legal guarantee that the bank or court will agree to the full amount claimed by you. For further legal advice contact an Advocate.

Dear Client, While I sympathize with the plights you are facing at your own house from your biological parents, I want to inform you that this type of attitude/ incidence is common among homes across the country hence it is not an isolated incidence. A person can restart his or her life afresh at any stage or age if she or he is inspired or encouraged to do so by well-wishers. If you feel you can manage yourself outside without the support of others for all your needs, nothing prevents or restricts you from walking out of your paternal home to look for the destiny of your choice. So, you need to arrange for an independent source of income to live your life on your terms. However, in the prevailing situation, you have the following legal remedies to resolve the crisis. 1) you can file a complaint against your parents who subjected you to domestic violence in the local police station under Sec.12 of the PWDV Act, 2005. Under Section 12(1) of The Protection of Women from Domestic Violence Act, 2005, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application directly to the Magistrate seeking one or more reliefs under this Act, provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider. Section 17 of the Act casts a right to aggrieved women to reside in a shared household. Apart from this, your friend can make a complaint online (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints) to the Chairperson, the National Human Rights Commission, New Delhi and the State Human Rights Commission along with the Chairperson, National Commission for Women and State Commission for Women who are empowered to investigate complaints related to issues of domestic violence or other kinds of atrocities faced by women by sending an email to ncw@nic.in or filing an online complaint. Further, you can also approach the State Commission of Women situated in your state, and seek help from the NGOs who rendered dedicated service to the women in distress. Reach out to an Advocate for guidance and steps. Feel free to contact our legal team to navigate the issue in the right way.