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Writ petition @ bombay high court & appeal @ supreme court

Querist : Anonymous (Querist) 06 October 2011 This query is : Resolved 
Hi friends, HAPPY DUSSEHRA

My query is on this month my Writ Petition was disposed by Division bench & the matter was against the Developer and MHADA & i am having an pending Small Cause (SC) suit & it as become In- Fractious @ City Civil Court of Bombay.

Can I file a new suit (case) @ Bombay High Court or in City Civil Court becoz the respondent had mislead the court & i want 1 more chance?I dont have Financial Capacity to appeal @ Supreme Court?

Please advise any solution?
ajay sethi (Expert) 06 October 2011
you have already engaged a lawyer . he must have gone through the papers of case as well as judgement of division bench of high court . go by his advice .

how has he misled? if you have good case on merits file an appeal in supreme court . need not spend lakhs of rupees for filing appeal in supreme court .

if court is satisfied it has been misled it will remad the matter back to high court .

dont file fresh case .
Querist : Anonymous (Querist) 06 October 2011
sir, if i want to file a fresh suit can i file in high court again?
ajay sethi (Expert) 06 October 2011
without knowing complete facts of case i cant answer . your lawyer is best judge . go by his advice . he has appeared before divison bench of high court knows the whole story
R.Ramachandran (Expert) 06 October 2011
I fully agree with the views of Mr. Sethi. Once a lawyer has been engaged and handling the case, one has to discuss things with him and go by his advice. I just do not understand why this confusion in the minds of the clients.
Raj Kumar Makkad (Expert) 06 October 2011
Ajay Sethi and Ramachandran Sir!

Can I ask from you why are you violating your own code and conduct vide which you both have undertaken not to reply any query raised by anonymous?

I do not know why Senior persons engage preaching others but not becoming ideal for others.

I shall not answer this query because raised by hiding the identity.
Querist : Anonymous (Querist) 07 October 2011
Sorry Sir, My Name is Raymond Fernandes & I resides @ Mumbai.
R.Ramachandran (Expert) 07 October 2011
Dear Mr. Makkad,

Thanks for your pointed query.

I owe you a clarification.

If you can kindly visit my profile and visit my expert section, you will find that after posting the letter regarding ‘Improving the quality of this Site’ I have made first-hand replies only to the following two queries in the same order one after the other:

1. http://www.lawyersclubindia.com/experts/Getting-licence-for-man-power-services-to-uae-236641.asp by Sri1971

2. http://www.lawyersclubindia.com/experts/Transfer-of-property-237061.asp by Anonymous

The reply to the item 2 above is a grave mistake on my part – believe me I replied without knowing it was from ‘Anonymous’ and after submitting my reply that I realized it was an ‘Anonymous’ query. It was completely due to oversight and unintentional. All the same, I apologise.

You would have noticed, that except the above two replies, I have not dealt with any of the queries thereafter, though I am very much ‘on line’ and watching with great interest the response from Experts on the quality issue.

I assure you, that I will prove worthy of my salt and will not even be the last person to be seen even remotely violating any of my own writings (I won’t call it my preaching though).

Thanks once again for your well-intentioned query, which I have taken in its true spirit and proper perspective.

Regards.
ajay sethi (Expert) 07 October 2011
Mr makkad

please read my comments on the issues raised by Mr ramchandran . i have stated that collective decision has to be taken by experts on the site after discussions.

as far as reply to queries raised by anonymous are concerned i agree it was mistake on my part in replying to anonymous queries .
ihad replied as various experts had differed on the apporach to be adopted in case queries are raised by annonymous querists .since now as leading member you have also agreed that no anonymous queries are to be answered i shall refrain from answering them in future
DEFENSE ADVOCATE.-firmaction@g (Expert) 07 October 2011
well this is a minor question but when the person does not want to disclose identity for obvious reasons and that is why this facility is provided on this site.

In legal matters there is also opponent and so identity has to be protected and this aspect must be given consideration.


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