Community › Forums › Legal Advice India › Tenant Non-Payment Case – Judge Imposed Fine – Who Gets the Money?
- This topic has 31 replies, 14 voices, and was last updated 1 year, 2 months ago by
Vanshninja265.
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VVanshninja265
PARTICIPANT
April 17, 2025 at 2:43 amHi everyone,Quick question for the lawyers in this group. I have an ongoing court case against a tenant who hasn’t paid rent for several years.
In the previous hearing, the defendant was a no-show and has been employing delay tactics. The judge was clearly not pleased and imposed a fine of โน5000 on the defendant.
Yesterday, in the latest hearing, the defendant’s lawyer paid the โน5000 fine.
My question is: does this โน5000 belong to me, the plaintiff, or to my lawyer? My lawyer has kept the money.
Any insights would be greatly appreciated.
Thanks!
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IIndianninja1638
PARTICIPANT
April 17, 2025 at 3:03 amThe 5000 belongs to the court๐ญ-
VVanshninja265
OP
April 17, 2025 at 3:09 amIncorrect, it was handed over to my lawyer, and he put it in his pocket.When the case is against general public, then the court directs the lawyer to have it deposited in the lawyers welfare fund.
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IIndianlion6189
PARTICIPANT
April 17, 2025 at 3:10 amIt goes to compensate for the most expensive wastage in this situation – the court’s time.-
VVanshninja265
OP
April 17, 2025 at 3:18 amAre you a lawyer?
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SShravyathinker392
PARTICIPANT
April 17, 2025 at 3:46 amIn this case, will you be rewarded all the previous rents if you win the case? Or evicting the tenant is the only verdict if you win?-
VVanshninja265
OP
April 17, 2025 at 4:06 amEviction has already taken place, now wanting to claim unpaid rents.-
SShravyathinker392
PARTICIPANT
April 17, 2025 at 4:54 amOk
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DDesiknight9081
PARTICIPANT
April 17, 2025 at 3:52 amIt goes to the party, ethically and technically, unless the court sends it to welfare fund or something!-
VVanshninja265
OP
April 17, 2025 at 4:07 amSo, I can claim it from the lawyer?-
DDesiknight9081
PARTICIPANT
April 17, 2025 at 4:09 amYeah, unless you want to extend some good gesture and let him keep it.-
VVanshninja265
OP
April 17, 2025 at 4:20 amAre you a lawyer?What is the polite way of collecting this money from my lawyer?
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DDesiknight9081
PARTICIPANT
April 17, 2025 at 4:24 amYes, Iโm a lawyer. You can just politely ask him for it, or casually tell him to adjust in the fee going forward.-
VVanshninja265
OP
April 17, 2025 at 4:41 amThank you
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FFiercesheela6871
PARTICIPANT
April 17, 2025 at 4:16 amIt belongs to Court-
VVanshninja265
OP
April 17, 2025 at 4:20 amAre you a lawyer, as I haven’t understood your message.
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SSimranhawk952
PARTICIPANT
April 17, 2025 at 4:41 amWhat was your prayer in the affidavit?-
VVanshninja265
OP
April 17, 2025 at 4:56 amI don’t have the full details, the lawyer is handling this-
SSimranhawk952
PARTICIPANT
April 17, 2025 at 4:58 amThis is how clients get screwed. You being ignorant will lead to your own demise. Don’t do this. Talking from experience.
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NNamitpanther188
PARTICIPANT
April 17, 2025 at 5:21 amItโs called cost, not fine and it technically belongs to the party (plaintiff) itโs to compensate plaintiff for wasting his time due to the defendants no show or delays in filing reply etc. We usually give it to the client if he is present in court that day.-
VVanshninja265
OP
April 18, 2025 at 3:02 amThanks
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BBraveninja4477
PARTICIPANT
April 17, 2025 at 5:28 amHi OP! Advocate here.Whenever cost is imposed by an court, it is pertinent for the court to also mention to whom such cost must be paid. Please go to the court and apply for a certified copy of the daily order and peruse the same. It will be clearly mentioned.
In your case, however, since your advocate has retained the said amount, in all possibility the cost was given to you and your advocate has cleverly kept it to himself/herself (which although I do not condone, is a fairly common practice in the lower courts).
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FFierceowl5394
PARTICIPANT
April 17, 2025 at 6:01 amBhai ese he khali karwa le.. 10 saal lag jayenge makan khali karwanw me -
QQuicksashi2573
PARTICIPANT
April 17, 2025 at 8:41 amSo did the defendant just paid a fine of 5000 instead of all those years of rent? Sounds like a pretty good deal. For the defendant ๐-
VVanshninja265
OP
April 17, 2025 at 12:17 pmIt was a penalty to him for being a no-show.
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CCalmeagle9213
PARTICIPANT
April 17, 2025 at 8:45 amDepends on what the order says. It can go to legal aid cell or some other body or to the other party. -
SSilentrajnish997
PARTICIPANT
April 17, 2025 at 6:23 pmYou havenโt gotten the eviction order yet ?-
VVanshninja265
OP
April 18, 2025 at 3:03 amEviction done, I have possession of the property.-
SSilentrajnish997
PARTICIPANT
April 18, 2025 at 3:32 amOk so this is pending rent ?-
VVanshninja265
OP
April 18, 2025 at 4:06 amYes
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BBravenancy1620
PARTICIPANT
April 17, 2025 at 7:32 pmThis 5000 thousand definitely belongs to you and if your lawyer refuse to give it then go to bar council and register complaint against the lawyer. -
BBravenancy1620
PARTICIPANT
April 17, 2025 at 7:34 pmIn case defendant continues to elude then make an application for civil imprisonment.
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