14 September 2019 at 08:30

Marking of documents procedure

I'm a petitioner and i submitted list of documents in the court.
1. Original documents
2. Adhar (xerox copy of Accused)


Court has marked only original documents which i have submitted in the list of documents.

Adhar Xerox was not marked.

Xerox (Adhar) is the government identity proofs of Accused

Is any section for marking government id proof of xerox ----or ---- Is any section by which party can request court for asking to submit original identity proof of accused by his (accused) own.

My question is how do i request court for marking xerox copy of Govt id proof ?

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12 September 2019 at 13:40

Kept for order u/s 38 specific relief act

A suit was filed to restrain the Defendants u/s 38 Specific Relief Act in a district court in June 2018 in respect to a land in Maharashtra. The Plaintiff's claim was based on a Muslim Gift-Deed from a husband (now deceased) to his wife. The Defendants (legal heirs) filed Counter Claim, all the contentions were false. The Plaintiff filed reply/ Written Statement. Further, the matter was kept for Arguments on Exhibits. The Plaintiff submitted the Exhibits. The Defendants did not submit their Exhibits.After a span of 15 months, the matter was heard on 11.09.2019. The Advocate of the Plaintiff argued but not upto the mark.in other words some points were skipped/ignored/incomplete/haywire although all the exhibits on which the Plaintiff relies are on the Courts record alongwith WS. The Plaintiff fails to understand what went wrong with the Advocate..The Magistrate has asked for ORIG. Gift-Deed and kept the matter for order on 30.09.2019.

Is there any way to fill the lacuna/gap created by the Advocate at the time of Arguments, before the Order?
As the argument was not upto the mark, will the Magistrate consider/refer to the WS?
As the Magistrate has asked to submit ORIG. Gift-Deed, should the Plaintiff submit it with a precipe before the Magistrate?
Will the ORIG. Gift-Deed be returned, as this is the only document on which the Plaintiff relies upon? How to safe-guard the same, plaintiff is skeptical?
What if the judgement goes in favor of the Defendants although the Plaintiff's case has all the merits? Can it be challenged in Aurangabad High Court?
Does Aurangabad High Court requires English Translation?

Your advice will definitely be very highly appreciated.

Mohammed R. Shaikh

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The judge took my oath when I filed sworn statement u/s 200 of CRPC r/w 27 of CP Act 1986. I gave my oath and came down and they gave another date 1 week apart. On the next date they took signature on warrant issue order sheet. On that day itself the warrant was supposedly issued. But this should have been done on the same day of taking oath.

In meantime OP lawyer went and took stay order from state commission without intimating me to appear before the commission.

I feel judge purposefully did not take my signature on the warrant issue order sheet the same day as my oath taking.

Unless the judge puts the OP behind bars how will they recover the amount due of 20 lakhs from them?

Although the OP have deposited 10 lakhs in state commission, I went and asked to release the amount, but they told they will not give until appeal is dismissed.

Time is passing and I am not having a penny in hand, each time 3-4 thousand ruppes I have to spend to go to gurgaon for hearing.

Lower court allowed my complaint where I was given relief of 20 lakhs for doctors negligence in medical case apolo hospital goragaon.

How to go about this now?

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07 September 2019 at 23:50

Hospital secured stay for 4 weeks

Hospital recalled the appeal case and did not inform me. Nor did the commission inform me and gave stay on lower court proceedings of warrant issue for 4 weeks.

Is this not illegal? My husband died at Apolo Hospital Gurgoan as I informed in my old thread. I had won compensation of 20 lakhs in consumer complaint I filed of medical negligence.

The hospital never came for execution proceeidngs and in mean time went and deposited 10 lakhs at state commiion without informing me and taken stay on warrant.

Although 4 weeks time of stay is over. How will I hve to proceed can dear seniosr guide? I handle case on my own.

Rakhi Misra

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Dear Sir, We had one shipment from Saudi through there sales office based in Dubai, it was plastic raw material. shipment is done in Jan and arrived in Feb. As per the contract, we have agreed on the description of goods and results of the test was shared.
Seller provided us test results/actually it was fabricated, we came to know at the later stage.
Seller after loading container sent us pictures of loading with the closing container and sealed it and provided us seal number. But the seal was changed twice as per BL copy.
When the container arrived at Nhava Sheva we have cleared it and took this to Telangana, when we tested we have found material was not up to the mark. Seller doesn't want to listen nor want to negotiate.

how we can solve this by filing a complaint to DGFT or Indian Embassy or chamber of commerce or any other course of action. The seller has good business in India as well.


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03 September 2019 at 14:49

What next after warrant issue?

Court has issued warrant in execution proceedings. My questoins are.
Will the court arrest them and put them behind bars for not obeying court order?
Shall I give application for issue of NBW now?

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02 September 2019 at 12:45

Composition deemed assessment urgent

Maine 24-05-2015 ko UP VAT me as a regular dealer registration karaya jise fir 14-07-2015 ko composition dealer me convert kara diya. ab 15-16 ke assessment ki notice prapt huyi jis sandarbh me jb CTO se mila to unhone kaha ki apka 2 assessment order hoga aur as a regular dealor jo stock apke pass bacha hai usper apko tax with interest deposit krna padega jo ki approx 18-19000 hoga. Jbki as a regular dealer meri total purchase approx 2.50 lac and sale approx 60000= hi huyi thi so mere pass approx 10000 ki itc bachi huyi thi. jise composition dealer hone ke karan aage carry forward nhi kiya ja skta tha. So Please guide me ki main kya karu Its urgent.

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01 September 2019 at 17:24

Recent SC orders on property.

Is it true that Supreme Court order that the property of ours will be given to any person who is residing in our land for 12 yrs?

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31 August 2019 at 03:36

Specific relief act

वादी ने विनिर्दिष्ट अनुतोष अधिनियम की धारा 6 के तहत कब्जा प्राप्ति का वाद प्रस्तुत किया और विकल्प में भी स्वत्व के आधार पर कब्जा प्राप्ति का अनुतोष माँगा, विचारण में वादी ने अपने बयानो में बेदखली की दिनाँक वाद पत्र में अभिलिखित बेदखली की दिनाँक से भिन्न बताई, विचारण न्यायालय ने वादी का धारा 6 का वाद तो मियाद बहार मानकर खारिज कर दिया परन्तु वादी के पक्ष में वैकल्पिक अनुतोष के लिये कब्जा प्राप्ति की डिक्री जारी कर दी । (मैं प्रतिवादी हुँ )
निम्न बिन्दुऔं पर citation नहीं मिल रही है�
(1) धारा 5 व धारा 6 अलग अलग उपचार प्रदान करती है इसलियें दोनो धाराऔं को एक ही वाद में संयॊंजित नहीं किया जा सकता है ।
(2) न्यायालय अभिवचनों से भिन्न, बयान में बताई गई बेदखली की दिनाँक को cause of action नहीं मान सकता है ।
(3) धारा 6 व 5 के तहत संयुक्त रूप से दायर किये गये किसी वाद में यदि वादी धारा 6 के वाद में असफल हाे जाये ताे उसके पक्ष में धारा 5 के तहत स्वत्व के आधार पर भी काेई डिक्री पारित नहीं की जा सकती है और यदि उक्त प्रकार की काेई डिक्री पारित की गई है ताे वाे सही नहीं है।

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13 August 2019 at 16:11

Re joinder

Hi sir I'm the plaintiff in the partition suit..the Defendant No-2 amended his written statement stating that the plaintiff deliberately not included the property the defendant no-1 bearing no .11 ,.3 guntas land.now court ordered re joinder is taken as nil matter posted for plaintiff evidence....now question is who has to file joinder whether plaintiff or Defendant No-1(co-defendant) under which provision of cpc

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