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Suraj Kumar   23 July 2024 at 22:09

Adj refused to comply high court order w r t child welfare

I have filed case for custody of my son. Even after 11 th hearing lower court refused to pass any order with respect to visitation, interim custody & school admission and as a result my son didnot go to school at the age of 7+ years.

I am forced to approach High Court for speedy trial. High court has directed to dispose all interim application within two months without fail.

In the meantime, I have admit my son to P.M. Shri Kendriya Vidyalaya. OP send my son to school for a week & thereafter schooling discontinued.

I have submitted high court's order in ADJ court. The ADJ straight away refused to comply High Courts order. Even after expiry of two months ADJ did not pass any order regarding interim custody & schooling.

Even after repetatitive prayer of my advocate, the ADJ pass a order of visitation with condition that, every sunday I may visit my son where child reside with my advocate. I personally prayed ro fix visitation at any other place but ADJ refused.

It is very difficult for me to afford advocate's fee for visitation. My OP is desparate in nature, they filed many GDE against me alleging theft at their residence.

Can I again approach High Court ?
Can ADJ refused High Court's direction ?
Please guide me for welfare of my son.

Anonymous   20 July 2024 at 20:11

Defendant cross without authority

Dear sir

I'm party in person plaintiffs POA holder in civil suit wherein my affidavit and cross examination done but before file affidavit by plaintiff himself defendants file affidavit and verification done and matter posted for defendant cross but defendant filed set documents so I'm taking objection that after verification and matter posted for cross there is no further documents allow to file. more over in POA filed by defendant side in which only permission for submit documents is mention, can I take cross or file CRA to challenge order of allow defendant to file documents

Pls guide

Dev   19 July 2024 at 19:17

Took personal loan but unable to pay


I have taken a Personal loan from ICICI Bank 2 years back initially I was paying the EMIs but then after few months my financial condition forced me not pay the EMIs. Last year in October I was diagnosed with Kidney damaged and Hear Condition with Hypertensive condition and I am without job.

From Last 3 months I am in touch with the bank explaining the situation also told them if you need my medical reports I can give that too. I never said that I will not pay the money back but cant do it one time. But now they are saying that I have settle the account now. The original amount was 625000/- , now I wanted to get the advice how much low can be the settlement as I have medical condition and my CIBIL score is already gone down.

Anonymous   18 July 2024 at 18:49

Hand loan recovery

I had given a loan to my friend via bank transfer, the amount is more than 75 lakhs, he is unable to return the loan. and he is also not registering the property worth 75lakhs, can I file a recovery suit and attach the property. I had given him the loan in December 2021. If I claim my money how much interest can I claim, what is the percentage of interest is allowed in the court, please advise.

Anonymous   16 July 2024 at 15:01

Order if judgement

Meaning of below statement.

The matter is such which may be agitated below the court. So the case is dismissed in limini.

sridhar pasumarthy   15 July 2024 at 17:26

Relevant provision under cpc

Respected Experts,

As all of you knew that one can seek to set aside exparte order in a suit by invoking Order 9 Rule 7 CPC.

Is there any like provision for setting aside exparte order in First Appeal. pls respond. Thanks in advance

sridhar pasumarthy   15 July 2024 at 17:22

Relevant provision under cpc

Respected Experts,

As all of you knew that one can seek to set aside exparte order in a suit by invoking Order 9 Rule 7 CPC.

Is there any like provision for setting aside exparte order in First Appeal. pls respond. Thanks in advance

RAJ   14 July 2024 at 09:39

Certiorari in sc civil to quash the high court judgement

Respected Sir/Madam, 
Request your valuable advise on the below scenario.

 Is it possible and worth proceeding to file a civil writ at SC against a High court judgment (in a regular second appeal process), which has a serious question of law by modifying a judgement passed earlier by an additional district judge (in an appeal suit process further to an objection suit process at a munsiff court) to fix the boundary between two adjacent plots; by setting a 2 feet clearance from an existing building which abutted the adjacent share.

 The high court has removed the 2 feet clearance between the boundary and the existing residential house's side with a building wall consisting of several windows, ventilators and a 2 feet projected sunshade. 

As per the High court judgement, the boundary wall has to be constructed close to building wall without leaving any space; for access, maintenance for plumbing and electrical, painting, opening of windows evidently violating the right to inhabitable shelter, right to privacy as well as the mandatory panchayat building rules in effect in the area; which calls for a minimum side setback of 1m between the building and boundary.

 Kindly advise with the necessary legal aspects, opinions, relevant and applicable civil laws in this special circumstances

NAGARAJ   14 July 2024 at 09:05

Probate of a will executor and beneficiary

I wanted to file seeking of Probate of a will.
I am the executor named in the will.
Is it necessary to add beneficiary to the p and sc case as a 2nd petitioner after I was added as 1st petitioner as an the petition .?

Shaheen Khathun   11 July 2024 at 08:05

Tha pathway how many feets

My mother have some land in this land there is pathway in naksha ua this pathway how many feets