Anonymous
18 May 2022 at 06:57
Dear sir, 1. After FIR filled in police station of A1,A2,A3 then within how much time does the civil suit we can file against accused? Because first time money given to accused 25/7/2019 and upto November we have given and upto 27/2/2021 transactions have made between us and bindover have written at lawyer on march till April 30th 2021 later there is no communication with accused. 2. What will be court and advocate charges for civil case to recover money worth 7.5 lakh from accused if we have cheques and promisory notes which was given by accused? 3. cheques were bounced in the year 19/5/2021 but cheque bounce case have not been registered due to covid so does these cheques valid or not as of now? 4.how many years it will take to recover money through court after filling civil case towards accused?
Anonymous
03 April 2022 at 15:08
Mene property purchase ki he meri sell deed paper pe red stam lagi hui he sdm se notice bhi aya he me ye janna chata hu ki ab hum kya kare jis se ye sab solved ho jae
Anonymous
23 March 2022 at 13:23
CAN COURT DEMAND EXORBITANT COST IMPOSED EARLIER ON GRANTING ADJOURNMENT, WHEN IN REALITY SAID ADJOURNMENT WAS NOT TAKEN DUE TO ECONOMIC CONDITION:
My friend who is Disputant (Plaintiff) and his family member appearing in-person having Case pending at Co-operative Court, Pune. During the beginning of 2nd wave of Covid, in March 2021 on hearing he made an application to Court for adjournment as he is having Cardiac problem and a Co-morbid person.
Court while granting adjournment, noted that- “if further adjournment is to be granted it should be subject to cost of Rs. 2000/- to each to the Opponents (Defenders) to be paid forthwith. In view of this application is allowed”.
As there are six (6) Opponents (Defenders), means he has to pay forthwith Rs. 12,000/-. As he was economically not in a position to pay such exorbitant cost, he make a note on order that he is not in a position to pay cost. On the same day later on he filed an application further to continue with proceeding. Hon’ble Judge in his own hand writings also noted in Roznama that- “Disputant (Plaintiff) made a remark that he is unable to pay cost. Hence matter is kept for final argument. Later on Disputant (Plaintiff) filed application Ex: 21. Matter adjourned for reply of Opponents (Defenders)”. This Roznama also proves adjournment was NOT taken.
Now in March 2022, as my friend Disputant-1 got severe Skin problem and he was not in a position to go to Court. Therefore his colleague Disputant-2 (Plaintiff-2) went to the Court and apply for adjournment on the bases of Skin problem of Disputant-1. The Court while granting adjournment noted that- “adjournment is to be granted it should be subject to condition that the appellants shall make compliance of earlier order Ex: 5 before next giving date and proceed to argue the matter positively. In view of this application is allowed and adjournment is granted”. Here Ex: 5 is the order granting adjournment in March 2021 wherein total cost of Rs. 12000/- was imposed. But, it was not taken due to economic condition.
Respected experts are requested to give separate reply on below 3 points, which will help a lot to my friend, who is not sound economically.
My Query:
a) Whether Court can demand cost imposed in past for adjournment which was in reality not taken even as per hand writing of Judge in Roznama?
b) What can be done for the same before or on next hearing date?
c) Can it be said that order of Roznama hand written by Judge has nullified his own earlier order of imposing cost while granting adjournment?
Shafi Ahamed
17 March 2022 at 01:51
Can third party file a criminal appeal before first appellate court
Please advice me
lakkesh
10 March 2022 at 17:16
i, filed the O.S case in district court for the partition suit and now i need to present a witnesses in before the Hon'ble court
i filed the O.S case as a party and in person and also i am plaintiff in the case, with out advocate i am conducting my case, so now trial as started evidence is completed by my side and now i need present a witness from my side
i request to provide format for witnesses evidence of pw2 in CPC
Anonymous
05 March 2022 at 12:47
Sir i am from Patna facing the above mentioned case against me i am a gov.servant living in Mumbai. Please suggest me any good and reliable advocate in Patna
Regards.
varaprasad
23 February 2022 at 13:04
What is the difference between P.L.C and P.L.M in Courts.?
konidena adv subrahmanyam
08 December 2021 at 12:18
Respected sirs
I have two quieries
1.is it mandatory to appoint mva hr under fcra, if so under what section, rule or notification
2. Is it mandatary to appoint purchase committee under fcra to finalise purchase contracts enter the same in minutes books. If so under what section, rule or notification
Kindly advice
Adv K. V. Subramanyam
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Legal query - sec. 148 (3) of negotiable instruments act
Brief Facts of the Case:
We [the Complainant] have won the case at the trial court in Bhuj, Kutch U/s. 138 of the Negotiable Instruments Act against Accused who failed to honor his payment for Rs. 75 lacs.
The Accused preferred an Appeal against the said order of the trial court. The Appellate court directed the Accused to deposit an amount of Rs. 22 lacs in court as a pre-condition to accept the appeal as per S. 148 (1) of the NI Act which reads as under:-
"the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty percent of the fine or compensation awarded by the trial Court"
My Query is as follows:
Present Stage: We have filed an application before the Appellate Court to direct the release of the said amount of Rs. 22 lacs deposited by the Accused in favor of the Complainant as per Sec. 148 (3) of the NI Act which reads as under:-
"The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal:
Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant."
I need advice & guidance from my Learned Respected Senior Experts to guide me with relevant Judgements / Precedents / Case Laws / Points of Arguments and / or with any other case material which could help convince the court to release the said amount in favor of the complainant as per S 148 (3) of NI Act.
In spite of the aforesaid law, if the court for some reason denies to release the said amount in favor of the complainant then what are the remedies / options available to the complainant to appeal against the said order? What is the procedure to be followed and which is the competent authority to approach to challenge the order. Can the procedure be expedited or is it a lengthy procedure?
Thanking You In Advance.
Regards.