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i am not a usa citizen and now is in country other than usa. i am agreived by the exparty judgement of a usa court,issued at the instance of the usa citizen petioner who has issued threats for not daring to visit usa so that exparty can be obtained. and he has got it now.The court has not accepted the version of threats.
is the court justified in ignoring threats to the life and the limb?is the court not required to go for the exploring the truth of the matter?can it not give injustice by doing so?

2007-04-12 17:57:54 · 2 answers · asked by Anonymous in Politics & Government Law & Ethics

2 answers

No court will accept mere version of threats unless it is corroborated with such substantial evidence, which you failed to produce either personally or through your counsel hence an ex prate judgment has been passed against you. If you want to go for its review you will have to bring on record such substantial evidence & satisfy the court your inability to produce that piece of evidence due to some reason beyond your control at the time of actual hearing of the case. Any review is successful only if the court is satisfied that there was a reasonable excuse available with you & you where unable to take part in the proceedings due to reason beyond your control otherwise the matter stands adjudicated as before. Even in appeal you have to satisfy the appellant court that certain evidence or circumstances were not taken into consideration at the time of actual hearing of the matter by the adjudicating court or were wrongly considered while this adjudication. Lack of evidence & absence of circumstances in your favor at the time of actual adjudication usually cannot now be produced at the time of appeal. But if the appellant court is satisfied that non production of such evidence or consideration of the circumstances were due to certain reasons beyond your control at the time of actual adjudication may allow it lest it may not amount to utter failure of justice.

2007-04-12 19:32:36 · answer #1 · answered by vijay m Indian Lawyer 7 · 0 0

is this a civil case or a criminal case.....if its civil you may be able to appeal the case with the help of a good lawyer....threats are taken very seriously in the USA but there has to be proof with evidence.... really till the exact details of your case is not known and the conditions it is impossible to say..... were you served with the summons?....as far as not getting justice you have to seek justice to receive it and seeking means you should have someone representing your case....avoiding a trial will not get justice......good luck.

2007-04-12 18:11:18 · answer #2 · answered by ramu d 2 · 0 0

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