Balaji Bakthavathsal
28 February 2023 at 08:41
Respected learned lawyers,
An Appeal suit on Civil matter has been filed before the District Court. In order to drag on the suit, I.As one after the other are being filed on flimsy grounds. My question is whether the court can take the IAs for enquiry one after the other or can it take two / three IAs at a time ?
The second question is when a few respondents have been set aside as ex-parte, can the Notice of Hearing be submitted to them while submitting an I.A. ?
Thanks & Regards
Balaji Bakthavathsal
16 October 2022 at 12:27
Respected Learned Lawyers,
An appeal suit challenging the ex-parte judgment/decree was dismissed after six years of pendency due to default of the appellant. It is learnt that the appellant has submitted an IA to reopen the appeal suit which is yet to be accepted by the court. At this stage, can we, who got the ex-parte judgment in our favour, file a protest petition by means of an IA with the prayer not to accede & accept the reopening petition of the appellant before he submits his IA petition ? If there is any citation on this, kindly intimate.
Thanks & regards
Balaji
Balaji Bakthavathsal
21 August 2022 at 13:05
Dear Learned Lawyers,
I humbly request you to give your valuable guidance / suggestion in the following matter.
As some fraudsters attempted to grab our property with the help of some fake documents, we filed a civil suit in the lower court in the year 2010 seeking permanent injunction restraining the fraudsters against trespassing and mandatory injunction to the registrar for cancelling the fraudulent encumbrances made on our property. Since the respondents failed to appear before the court, the judge awarded an ex-parte judgment / decree in favour of us in the year 2016, granting the prayers sought by us. However, one of the respondent who is a mere power agent who obtained the Power of Attorney from another fraudster and whose power of attorney got cancelled by the fraudulent principal filed an appeal suit in the next appellate court immediately in the year 2016 itself and dragged the suit with the intention of of giving mental torture to us and thereby extorting money from us. We did not yield to expectation and patiently attended the case. However, the appellant did not appear in the court nor his counsel came forward to argue the case. After more than 6 long years, finally the appeal suit got dismissed by default by the appellate court as there was no representation from the appellant side. Now it is learnt that the appellant has filed restoration petition to restore the appeal. The notice is yet to be served to us.
Under these circumstances, I humbly request the learned lawyers to suggest / guide the best means to encounter the restoration petition ?
Thanking you,
With regards
Balaji
Balaji Bakthavathsal
01 November 2021 at 06:52
In a Criminal case under the Calendar Case filed by the District Crime Branch Police based on the direction obtained from the High Court before the Judicial court under the sections FOUR SIX SEVEN, FOUR SIX EIGHT, FOUR TWENTY AND FIVE ZERO SIX (II) of Cr.P.C., can the prosecution side witnesses seek exemption in attending the court under the section205 of Cr.P.C. ?
These witnesses are sisters of the complainant who were interrogated by the police to ascertain the facts of the offence.
Please quote suitable citation if there is any.
Thanks & Regards
Balaji Bakthavathsal
19 October 2021 at 10:40
In a criminal case, (cheque bounce case), the accused has been sentenced to one year simple imprisonment punishment by the lower court. The accused appealed to the next appellate court and the appellate court confirmed the lower court’s order. The lower court order dated 22.08.2014 and the appellate court order dated 18.04.2017. As the person was roaming scot free, the trial court was questioned under RTI Act about the action taken on the accused and the trial court informed me that warrant has been issued to the concerned police station to apprehend the accused on 19.08.2021 after seeing my letter dated 11.08.2021. Under these circumstances, please clarify the doubts
i) Whether the accused can file bail petition and get bail ?
ii) Whether a third person who is not the complainant can file a caveat and object the bail petition ?
I would be very grateful if clarification is provided on this matter since the accused, an unscrupulous person is creating lot of problem to me by filing false & fictitious civil suit disturbing me mentally, financially and physically.
Balaji Bakthavathsal
27 September 2021 at 13:07
Dear Learned Lawyers,
In a Civil Suit on an immovable property, as the respondents abstained from the court proceedings, the court awarded ex-parte judgment / decree in favour of the plaintiffs by granting a permanent injunction restraining the respondents not to interfere in peaceful possession of the property by the plaintiffs. At the same time, one of the respondents filed a separate civil suit on the very same property seeking partition which got dismissed by the other court stating that the plaintiff has got no right over the property as she failed establish the facts. While both the suits were filed in the same year, the ex-parte judgment delivered first and after a couple of years the partition suit judgment was delivered.
The person who was awarded permanent injunction in the ex-parte judgment neither contested the suit nor challenged the ex-parte judgment by filing an appeal.
On the contrary , in the suit filed by her seeking partition, she had filed an appeal in the District court challenging the dismissal of her petition and also filed an I.A. seeking stay for the sale of the immovable property.
In my view, the stay sought by her through the IA is not sustainable as she has been awarded permanent injunction which was not challenged by her.
My doubt is whether the IA petition tantamount to res-judicata ? Whether it can be opposed in the appeal ?
Please quite the citation if there is any.
Thanks & Regards
B.Balaji
Balaji Bakthavathsal
09 September 2021 at 11:53
A Govt. Servant got convicted and sentenced to undergo Simple Imprisonment for one year u/s.138 r/w 142 of Negotiable Instrument Act and also directing the accused to pay a sum of Rs.2,75,000/- as compensation u/s.357(3) of Cr.P.C. in 2014 by the trial court which was confirmed by the next appellate court in the year 2017.
However, the govt. servant concealed the fact, continued in service and got retired on superannuation on 30.04.2018.
What could be the course of action that could be taken on the retired govt. servant ?
Please quote the citation, if there is any.
Balaji Bakthavathsal
26 March 2021 at 12:49
Dear Learned Lawyers,
I would like to hear your valued views on the following matter.
In a civil suit, amendment to plaint to include the names of impleaded respondents, the plaintiff’s advocate is supposed to reflect the names of the respondents as per the order of the court on the I.A. However, the plaintiff’s advocate deliberately mentioned one of the respondent’s name incorrectly in order to drag the suit for some more time and unfortunately it went unnoticed by the impleaded respondents. Now he judgment/decree was in favour of the impleaded respondents reflecting one of the impleaded respondent’s name incorrectly. When it is proposed to correct the name, the plaintiff's advocate filed an IA to serve notice seeking the permission of all the19 respondents to drag the suit indefinitely. In my view it is totally unjustified as the duty of the advocate is to reflect the name as per the order of the honourable court on the IA and there is no need to seek the permission of the 19 respondents who are no way concerned. Please expedite your views whether the action of the advocate is right.
Thanks & Regards
Balaji Bakthavathsal
21 March 2021 at 13:33
Respected Learned Lawyers,
To file a petition in the Honourable High Court seeking expeditious disposal of an Appeal Petition which is pending in the Sub-Court for more than 5 years as the appellant /counsel has not come forward with his side argument, whether the petition is to be filed under CRP or under WRIT category ?
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Accessing ecourt web site from abroad
Dear Learned Lawyers,
Is there any restrictions imposed to access the ecourt web site out of our country ? Currently I am in abroad and unable to access the ecourt web site to know the status of my case. How to overcome the situation ? Please help me.
Thanks & Regards