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thedon (owner)     19 October 2016

Re-open old case

My ex-father has case with mula prawara co-op socity which ran for 20 years

father expired on 2002,in 2004 mother closed case at court ,I was 21 years age that time

 

can I re-open that case now?



Learning

 18 Replies

thedon (owner)     19 October 2016

plz understand,my mother is partee and she closed

am I liable?

thedon (owner)     19 October 2016

plz understand,my mother is partee and she closed

am I liable?

Kumar Doab (FIN)     19 October 2016

​Bar by limitation may stare at you.

Show the case related docs,  to your able counsel, specializing in such/property/civil matters, at your location, for a considered opinion, on options and merits in each option.

 

Your own counsel can opine on your queries.

 

thedon (owner)     19 October 2016

each lawyer giving diff reasons

one said its 12 yr old case, one said mothers settlement we cant make new case

thedon (owner)     13 November 2016

extreme thanks mr ramesh

plz help in two things

1) any ref in ahmednagar court?

2) plz give me decree of court of 30 year limit,belive me ,more than one lawyer of labour court mentioned its age bar

thedon (owner)     15 November 2016

can anybody answer?

Sudhir Kumar, Advocate (Advocate)     16 November 2016

what was the case?

Kumar Doab (FIN)     16 November 2016

You did not close the case.

This may be a route.

Show the case related docs,  to your able counsel, specializing in such/property/civil matters, at your location, for a considered opinion, on options and merits in each option.

 

Your own counsel can opine on your queries.

thedon (owner)     16 November 2016

Thanks to both Mr Kumar's for repying

 

@ Mr Sudhir Kumar

My father got terminated in 1983,he ran case till death by 2002 under ahmednagar and aurangabad labour court

 

@Mr Kumar

I tried almost 6 diff lawyers

half said case is barred and some said as mother closed case it cant re-opened

Sudhir Kumar, Advocate (Advocate)     18 November 2016

"My father got terminated in 1983,he ran case till death by 2002 under ahmednagar and aurangabad labour court"

but still you decide not to disclose what the case was

Sudhir Kumar, Advocate (Advocate)     18 November 2016

" I tried almost 6 diff lawyers

half said case is barred and some said as mother closed case it cant re-opened"

Given facts indicate you have been correctly advised.

You have been advised by lawyers who have seen all the papers and now want a contracy opinion from this forum without seeing papers and without knowing the facts.

Kumar Doab (FIN)     18 November 2016

Ask the lawyers that have opined positively after examining papers and discuss thier startegy.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     19 November 2016

The law is that if the workman dies in the court during the proceedings, all his legal heirs will be substituted in his place.  In this case that has not been happened.  Only your mother has joined as party and got settlement.  So, you can reopen the case.  But the Labour Court, which has passed the award has lost its jurisdiction one month after publication of the award.  So, you have to move an application in the labour court for reopening the case and explaining, the reason(s) which can satisfy the court that why you did not approach the court in this long period.  Even then, the Labour Court will dismiss your application, because it does not have jurisdiction.  Then you have to approach the H.C. seeking the direction to reopen the case.  If the High Court satisfies that the reasons you gave for the delay are proper, it will direct the labour court to reopen the case.  But the management might have closed the establishment.  You consider all these facts before venturing this litigation. 

Kumar Doab (FIN)     19 November 2016

There is NO celing toapproach the labor court/tribunal.

Apex Court has ruled.


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