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Queries Participated

Raman   05 October 2018 at 19:10

Clarification on calculation of limitation

I have the filed the criminal Appeal case in Punjab high court, chandigarh with delay of 30 days, The registry made certain objections, but I could not collect on the same day. I have refiled after 20 days, and now registry has asked me to add 20 days more in delay, so now delay is 50 days, I have been told that in other states, including the supreme court, the registry gives 28 days for correction of defects. Here, now without any time granted for correction of defects, they straightaway added 20 days, since I have already filed the matter in registry with a delay of 30 days. Kindly suggest

Raman   08 August 2018 at 14:16

Execution case for not complying the order

The District Consumer court has awarded me the sum total of Rs 75000 against the Nationalized Bank, in 2016, but the bank did not comply the order. I filed the execution application, the bank again on several dates did not tender appearance, finally, the court asked the collector to get the RC from the Nationalised Bank, and asked me to get the account number of the Nationalised bank, from where the sum total amount can be recovered.
My query is:
1 Whether furnishing IFSC code to the Court will serve the purpose, if Not, how can we get the account of the Bank from where the amount can be recovered?
2 please suggest any other option to get the account of the Bank to get the amount to be recovered?

Raman   31 October 2017 at 14:40

Revision petition u/s115 cpc or article 227 in divorce

Sir,
In one of my personal case, the District Court dismissed the Divorce petition of my cousin.Subsequently, he gets acquitted from dowry case, he then filed the review petition and adduce the copy of the acquittal order. The review petition was also dismissed by the District Court
Since there is no appeal lies on the review order, he will now have to file the REVISION petition
1 Kindly suggest whether Revision Petition is maintainable under section 115 cpc or under Article 227 of the constitution?
2 Which is more preferable in a Divorce case ? Article 227 or section 115 CPC?

Anonymous   19 August 2017 at 01:00

Illegal regularization of the contract employees

This is very sensitive query, as I donot want to reveal all the facts here but I need the expert opinion for the Public domain and for the interest of the common people opposing the favoritism, nepotism, irregularities
This case is very close to one of my associate brother, who filed the case for termination of his contract tenure in one of premier Government organisation of India. He lost the case in CAT, High Court as both the courts followed the Constitutional Bench Judgment state of Karnatka vs Uma Devi which has given that contract appointment is aginst the statutory provisions and has no right for regaularisation. He then filed the SLP which was admitted,as there were 300 contract workers in the organization. Subsequently, the 300 contract workers get regularized. The SCI bench asked the petitioner to furnish the details through Interlocutory application. Meanwhile, the bench has changed
My queries are:
1 Since the orgnaisation has reguslarised the 300 contract employees which is aginst the constitutional framework and legal provisions, how the same can be challenged?
2 The act of regaulrisation is contrary to the constitutional Bench Judgment uma devi case which clearly says that there is no by passing of the constitutional scheme. If the organization deliberately violate the constitutional Bech Judgment, how can such organization be brought under law?

Kindly provide the expert opnion, as the matter is not linked with the interest of any party but is meant for uprooting of the malpractice and favortism


Raman   25 April 2017 at 01:42

Limitation time of first appeal after disposal of review petition and which impugned order to challe

Sir,
My civil suit decree was dismissed on 10 March 2017 by ADJ court and review petition dismissed on 21 April 2017.

Now my first Appeal ( FAO) before High Court is maintainable on which order 10 march 2017 or 21 April 2017?
Do I need to challenge Both orders in FAO?
And my Limitation for filing FAO starts from 10 March 2017 or from April 2017?

Raman   02 November 2016 at 13:24

Court fees under tortious act

Sir,
The suit for compensatory damages in defamation case filed under the law of torts, whether the Plaintiff is laiable to pay the amount of court fees w.r.t amount claimed.?
If yes, I read the judgment passed by the civil court senior Division, who passed the order of reputed news channel to pay Rs 100 crores to the Retired Judge of supreme Court for showing his photograph in News Channel. If so, neither the Civil Judge has the power to decide the case outside the pecuniary jurisdiction?
Please note I am reposting as I have attached the copy of Judgment

Raman   02 November 2016 at 13:18

Court fees under tortious act

Sir,
The suit for compensatory damages in defamation case filed under the law of torts, whether the Plaintiff is laiable to pay the amount of court fees w.r.t amount claimed.?
If yes, I read the judgment passed by the civil court senior Division, who passed the order of reputed news channel to pay Rs 100 crores to the Retired Judge of supreme Court for showing his photograph in News Channel. If so, neither the Civil Judge has the power to decide the case outside the pecuniary jurisdiction?

Raman   13 October 2016 at 21:12

Affidavit of valauation in matter

My brother, who appeared in perosn, has filed the SLP against the High court order, in some service matter. The Supreme Court has issued notice and tag with the other SLP pending before the bench. Now the Registry, has issued has send letter advising him to file the “AFFIDAVIT OF VALUATION IN THE MATTER” failing which the default will be reported to the Hon’ble Court
My query is what is meant by affidavit of valuation in the matter as it is not money suit but just service matter
Since its service matter, he has already paid the court fees Rs 1800/- only, Dies it mean to say that he has to file the affidavit stating that he has already paid the court fees? Please clearify

Raman   21 June 2015 at 15:32

Additional documents can be filed prior to petitioner evidence

Sir,
In my family case of divorce, issues has been framed by the ADJ courts and next date is for petitioner evidence

we have filed the Divorce petition but some documents could not be attached or brought into records with divorce petition..Now we want to adduce some documenst which has brought into our knowledge
Kindly inform
1 whether we can file the additional docuemnts prior to leading evidences?

2 under which provisions of Civil procedure code we can adduce the additional documents?

3 if court allows to file the additional documents can ,marking of docuemnts be allowed with exhibits?

4 we want to file the evidences by way of affidavit and has mentioned those exhibits on the affidavit itself which we want to file through separate application, if the application for filing additional document is disallowed, do we have to struck off those exhibits from the affidavit??

Please help me regarding the above queries

Raman   30 May 2015 at 19:15

Procedure to be followed in 340 crpc

Sir I i have filed two 340 crpc applications in different Metropolitain courts of the same District

In both 340 crpc complaints the Opposite party has filed their replies

In one metroploitian court the, Ld M.M has fixed for the arguments for the mainatainability of the 340 crpc applcaition

In another Metropolitian court, the Ld MM has passed an order for the evidences of the accused complainant

My question is since 340 crpc application , the magaistrate has to follow the summary procedure, then why second magsitrate has asked for the evidences of the accused complainant?

How can accused complainant leads an evidences which if lead could self incriminate in further proceedings?

The 340 crpc is meant for punishing the person for tendering false evidences, if the accused complainant has shown the suffiencet proof whether such sufficent proof is not enough for summary trail?

whether accused complainant has to be examined by chief in examination as well has to face the cross examination by the opposite party lawyer?

kindly help in this regard