Thanks again Mr. Amit Sir
My query is.... Judges in lower court scribble on the application itself on its backside/empty page in the Application and pass lengthy orders.
If we submit the photocopy of application(the order below which is to be impugned) how the HC court would read what illegal maaner the court has paased order.
Please advise. Thanks
Adv Ashish sir, ............................ The person on behalf of whom and for whom I, a chap currently in process of getting aquainted with the law, have posed these questions.
That person has got a previous bad experience and was robbed by an advocate.
That Advocate charged him 2500/- saying that 'For certified copy it requires to do oral argument in court and requires to convince the court else it is very difficult at times!!!' (and 300 in the name of "chai pani" for officials in nazar etc) for getting the certified copy of the opposite party's main petition and supported documents + list.
All without any receipts offcourse!!!
When I enquired about the same I found out it takes a Rs. 5/- stamp(person being a male) and a simple application which even a novice can write, and copying fee of Rs. 7/- per page (the whole cost not going beyond 14x 7 + 5 = 103/- rupees and a refund of 14 x 3 = Rs. 42/- was possible as copy was given after one and half month time)
Even lawyers practising in district courts do not know procedure in HC. and hence the same ignorance is miused more oftne than not.
Is it not advisable to cross check the info given by any person.
Same type of scre and fear is being created as far as Wrtit filing is concerned and hence I am asking some info to verify the info received so far.
I hope you would understand my concern, and it all depends who approches me and how extends me the help. It may also culminate into me hiring that advocate owing to his honest way to entertain my queries even though it may sound foolish and stingy and 'so called expectation to get advise free-of-cost'
For doing argument and etc, we have always hired the lawyer but this time inital work we intend to do our own,
In lower court during interim maint proceedings and oral argumets on the same, our previous lawyer was almost eaten up by opposite side's lawyer uncooked although we had strong merits in the case as admitted by the opposite party's lawyer candidly once.
So please treat my question as if I am in process of searching, soliciting/narrowing down on affordable/ok kind of lawyer.
After reading some info , I am confused with the process as it talks of stiching and binding of the petition .
Offcourse It is good thing as compared to the way petitions are kept in lower court.
I am still going through the rules and reading material(scarecely available) about
1. How many no.of copies to be furnished?
2. Whether lower court to be made party in writ in family court litigations (HMA s. 24)? ... reason : some case laws do show lower court as resp. no 1 and wife as resp.no 2 (my understanding is that such caselaws involved 'state' as a party and Fundamental Right violation was also challenged in addition to violation of legal/statutory rights and constitutional rights.. please correct me if I am wrong)
3. Whose responsibility it is to serve summons and what writ applicant can do therein to expedite it?
4. What to do if the HC staff raise technical or mere formatting errorS? outstation people can not afford to station themselve in mumbai for more than 8 hours in daytime.
5. Are there any other color papers to be used? other than yellow?
First and foremost question is that:
LAW says that "An Order obtained by Fraud on Court is non est in law"
Then does the judgment debtor even bother to take action to stay the operation of the said fraudulent Order?
But since it is not stayed (I treat 'stay of execution' is more comprehensive way for judgment debtor than merely asking 'stay of operation' of the order ) it has automatically caused to accrue the arrears and opposite party was very happy to play delaying tacts so that it reaches to a considerable amount too high to be ignored and thus it become injustice to judgment debtor.
please advise how to aks for urgent circulation.
How much time it takes from from 11 am (supposing that it all prepared properly) to file suit and it getting heard on same day and while returning way back home one is equipped with stay order by high court.