LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Balaji Bakthavathsal   04 February 2025 at 16:50

Dismissal of appeal suit for the second time

Respected Learned Lawyers,
An appeal Suit was filed before the Additional Sub-Court against the ex-parte judgment/decree awarded by the lower court in a civil suit seeking permanent injunction. The suit was filed by the power agent whose power of attorney got cancelled but who went ahead and registered the Sale Deed. The appellant knows pretty well that he can’t win the suit and dragged it for more than 6 years without presenting his side of arguments through his counsel and the suit got dismissed for default of appellant on 27-06-2022. The appellant again submitted a petition with the prayer to revive the appeal suit and after the court granted his prayer, the appeal suit was further dragged without presenting the appellant side arguments. Finally the suit got dismissed on 03.02.2025 for the second time for the very same reason.
Now my questions are :
i) what are the options available to the appellant ? Can he submit another petition to reopen and restore the suit ?
ii) Can he file second appeal ?
iii) Where he is allowed to file the second appeal ? In the District Court or High Court ?
iv) How can further appeal can be stopped ?
v) Can I file a damage suit for wasting my time, energy, money and giving mental torture for the most vexatious suit which was not cared by the appellant and he simply wasted the court time ?

N.B. : I am the primary respondent

Anonymous   04 February 2025 at 11:39

Property share

Daughter Born Before Partition Of Ancestral Property Prior To Amendment Of S.6 Of Hindu Succession Act Cannot Claim Right In Father's Share: Karnataka HC
Pls explain in detail

Madhu Mittal   01 February 2025 at 16:42

Review by plaintiff - leave to defend o 37 court fees

A Recovery Suit was filed for Rs. 115984/- by paying court fees of Rs. 7745/- under order 37 CPC. On the same date of application itself,
Unconditional Leave to defend was given to defendant xyz(a proprietary concern) on filing of application for leave to defend in which it was stated by the defendant that the amount which was obtained by loan has been fully repaid without producing any detail and any evidence of payment made. On the application for leave to defend filed by the defendant has only signature of advocate and not the signature of the defendant himself.
. When on the next hearing the plaintiff present the reply for the application filed by the respondent, court took the reply and mentioned in order sheet also and on next hearing (third) the plaintiff was told and on order sheet also written that there is no significance of such reply as the leave to defend is already given.
Now as a plaintiff we want to apply for review so please guide us on following points:-
Any citation that says review can be made against Unconditional Leave to defend by plaintiff.
What will be court fee for review?
Any other guidance.

Rajeev Jaiswar   01 February 2025 at 00:06

Somebody file false complaint against mmc act 394

Respected Sir/Madam,
My father has an atta chakki which is in a slum area in Chembur and my father has been running this chakki since 1988 and since 1988 we have renewed all the approvals like license, Gumasta and Factory permit from time to time and all the documents are renewed till 31/03/2025, but three months ago we had a fight with a person named Sunil Kargutkar, he asked for some money from us, which we refused, after which he filed a false complaint with the police that his wife got TB because of the chakki, for which 10 lakhs were spent on her treatment, in reply to which we had told that my father and brother stay in that chakki for more time than anyone else and everything is clear in their medical report also, i.e. they are completely healthy, so the police drove him away, then he filed the same complaint with BMC To which we have replied in the same manner and in support our MLA has also written a letter to BMC that no action should be taken against a mill which has been running for 40 years due to personal reasons of one person u/s MMC 394.
We are really worried about about earning we are facing financial loss and mental harsment due to this.
And today he bring bring one BMC medical officer for inspection and inspection the officer mentioned below points :-

On receipt of complaint No. ACMW/13392/92592/dt 23/12/2024 visited and inspected the business on dated 31/01/2025 at 3.30 pm when Mr. Nagendra Jaiswar in person was present and found that the following conditions were violated General condition No. (6) License is not displayed in the business premises (13) Disturbance in neighbor's house due to dust (flour) as per complaint Special condition No. (6) Premises should be maintained dust free You are directed to rectify the above condition within 7 days from the date of receipt of the commencement report, failing which legal action will be taken under section 394 of MMC Act, for which please note
(We have already install dust sucking machine and also put curtain in our chakki)
This is turning out to be a personal rivalry for which he is using the Chakki
Kindly advise

Oakley Thorne   29 January 2025 at 01:49

Hire a phone hacker at gearhead engineers

It is not easy for a man to admit to himself that his wife is a serial cheater. Well, that’s my current situation. My wife of 10 months has been cheating on me with multiple men and this came to me as a complete shock. I ignored all the red flags from the beginning, particularly the way we met, a one night stand at a friend’s place after she begged me to sleep with her. At that time I thought it was strong chemistry but it turns out it’s a habit. I was so blinded by love and desire for attention that I ignored all her negative characters. My delusional self began suspecting her after noticing she is always protective of her phone. So I got a hacker at gearheadengineers dot org to get the job done. I still have ptsd from all the things I found in her phone since the hackers gave me access to all her phone functions. Guys, please do thorough research on the person you decide to spend the rest of your life.

Suraj Kumar   27 January 2025 at 20:24

Child custody

Sir,
I have filed child custody case u/s 12, 25 of G & W Act for my son against my ex-wife. I had filed an interlocutory application praying education from reputed school at my cost. The court passed order for visitation & education from reputed school. I am paying school fees for the school.

Thereafter OP did not complying the court's order and she didn't allow me to visitation regularly and refused to sending my son to school as specifically decided by court. She is sending my son to free local school.

Finding no alternative, I approach before the Court for compliance of order passed. OP has impose a condition that if maintenance @XXXX is paid then only she send my son to reputed school. Earlier in written affidavit she had said that she is from very affluent family and her new husband is billionarie.

1) Can ex-wife file any such application wherein she keep her condition for getting maintenance?
2) As per my little knowledge there is no provision in G & W Act for claiming maintenance. Can court pass order of maintenance in custody case ?
3) Can I pray application for modification of temporary custody order for welfare?

JAi SHRI RAM



Anonymous   26 January 2025 at 00:10

Discrepancy in legal document in land deal

Hi,

We've made a handshake land deal but our relative made us sign a 100 INR. bond paper and convinced us to take minimum down payment for the deal. Later we found that the land price was much more and we were being misleaded also at that point (when we made loose bond of 100 INR.) that land belonged to one person who signed the bond. Later once land of transferred 100% in our name we sold it to a builder who offered better price. Now our relative has sent summon to come and explain this in a court within a month.

What legal course we can take?

Thanks in advance.

Anonymous   24 January 2025 at 12:05

Civil suit pending

Dear sir
Civil suit pending in civil court, one survey number came to tahasildhar court to dispute. Is special tahasildhar have rights to order to do pauti khata when the civil suit pending in civil court. Thank you

Anonymous   19 January 2025 at 14:55

Specific relief

Quotation invited and many agencies reciprocated with their best offers; thereafter the authority invited quote has not responded to the vendors. Can the vendor (service provider) seek legal remedies through court of law for denial of chance to service ?

Anonymous   16 January 2025 at 12:14

Challenge a will

Sir/madam,

I want to challenge the registered will made by my father in law. Can anyone please send me the format of the petition since I want to appear as party in person