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Appeal procedures to higher court

How much does one have to make appeal in higher court after judgement is given in lower court in criminal case? Can any precautions can be taken?

  • 1 Answer
  • 140 Views
Asked at November 23, 2017
Default avatar Hemant Chaudhary
last answered over 4 years ago
Procedure to get case file from court

How can I obtain case file from court which my lawyer has refused to give citing reason of non availability with him. My case is pending in district court, imphal west-1 since past 7 years.

  • 1 Answer
  • 597 Views
Asked at November 19, 2017
Default avatar Samiullah Sayyed
last answered over 4 years ago
Possibility of modifying the Development Agreement

Hi, I have purchased a flat from one of the seller of a building which is undergoing the development agreement. All the exciting tenants have signed the development agreement but for 7. My seller is also a part of the 7 who are yet to sign the development agreement. The development Agreement is...

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Hi, I have purchased a flat from one of the seller of a building which is undergoing the development agreement. All the exciting tenants have signed the development agreement but for 7. My seller is also a part of the 7 who are yet to sign the development agreement. The development Agreement is already presented for registration at the registrar's office with my sellers name. He is being invited to sign the same document which is already been sign and executed by others. The current stage of the document is admission pending since 7 clients are yet to sign and execute the DA at the registrar's office. My seller is not signing it since he has sold the flat to me. Now my name does not feature in the DA which has the sellers name and has been presented for registration at the registrar's office. I want to know whether the builder can incorporate my name in the DA? Or even if the seller signs the DA, can the Permeant alternate accomodation agreement be signed by me. Since the developer has already paid the Stampduty, will there be any additional impact. Will there be any impact on the title. I am seeking guidance on what to do in the current scenario step wise.

  • 4 Answers
  • 1079 Views
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered over 4 years ago
Demarcation of the property in public records

Boundary wall encroaching road. Sir's, I bought a property in Kerala on 2016 and reconstructed the boundary wall facing main road which is in a zig zag shape. After the construction of the wall some local peoples including the ward member claimed the wall is encroaching the Road. But I just...

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Boundary wall encroaching road. Sir's, I bought a property in Kerala on 2016 and reconstructed the boundary wall facing main road which is in a zig zag shape. After the construction of the wall some local peoples including the ward member claimed the wall is encroaching the Road. But I just reconstructed the wall as per the area sketch provided to me from the village office and as per the extend mentioned in the property deed including three prior deeds. Currently I am in an emergency situation and the locals are creating problems and not allowing me to sell it .The demand from them is to straighten the wall . I may lose more than 1 Cent of land if I accepted their demand. Kindly suggest me how I can prove them there is no willful/ illegal encroachment done by me. Regards Sreehari

  • 1 Answer
  • 377 Views
Asked at November 18, 2017
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered over 4 years ago
Procedure to file a civil suit for the implementation of the sale agreement

I have made an agreement on a non-judicial stamp paper for purchasing a room of 200 sq. foot for commercial use in a building in the year 2005 for total consideration of Rs.5 lacs.The agreement is registered.The payments has been made in instalments and the final payment was made in 2009.The...

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I have made an agreement on a non-judicial stamp paper for purchasing a room of 200 sq. foot for commercial use in a building in the year 2005 for total consideration of Rs.5 lacs.The agreement is registered.The payments has been made in instalments and the final payment was made in 2009.The final payment of Rs.1.50 lacs has been made without any receipt on the basis of good faith.The construction of the building was completed in the year 2010.Though the possession of the room was handed over in May,2010 but no possession certificate has been given by the seller.Presently I am running my business from the room.In January,2016 I have requested the owner for the registration of the property but he has denied for the registration.As such,in April 2016 I have send him a legal notice by registered post for specific performance of the contract and requesting him to provide the basic amenities as mentioned in the agreement and the seller has received the notice.In the notice,I have mentioned the date of possession from June 2015 so as to cover the period of limitation.But till today he has not replied to the notice nor he has made any demand.Due to non-registration of the property I am unable to pay the property tax and the same has been accumulating in his name since 2011.Also I would like to mention that I had been a tenant of the seller since 1978 as I have been conducting my business since then and it is mentioned in the agreement.I want to know if I file case in the court will it be barred by limitation as I have heard that an agrement is valid for 3 years only.Also, I want to know whether it will be advisable to send him another legal notice before proceeding for filing the case as it has been 18 months since the notice has been sent.Can the seller prove that the possession was given before 2015 so as to bring the case under the limitation?Under the present circumstances what is the probability of winning the case?Kindly advise.

  • 4 Answers
  • 968 Views
Default avatar Bharat S Kothari
last answered over 4 years ago
Case transfered to another Court

How can I find whether my case has been transfered to other jurisdiction or not???

  • 1 Answer
  • 257 Views
Asked at November 10, 2017
Default avatar Sidharth Srivastava
last answered over 4 years ago
Challenge the registered family settlement

Can one challenge registered family settlement and relinquish deed after 3 years. I don't want to challenge the whole document but only challenging one para from family settlement and challenging whole relinquish deed.

  • 1 Answer
  • 233 Views
Asked at November 05, 2017
Default avatar Sidharth Srivastava
last answered over 4 years ago
Maintainability of an appeal in a transfer case of Bank employee

Sir, I want to file appeal in supreme court (regarding Transfer case) case is decided as on 5/10/17. Bank advocate informed wrongly to hon able court that two departmental inquiry is under process against me .Where as both the charge sheet werecompleted in april 2017 and i have sent gist of...

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Sir, I want to file appeal in supreme court (regarding Transfer case) case is decided as on 5/10/17. Bank advocate informed wrongly to hon able court that two departmental inquiry is under process against me .Where as both the charge sheet were completed in april 2017 and i have sent gist of charge sheet to inquiry officer .and probably inquiry officer is also submit his report to Disciplinary authority (chairman) can i talk in this matter to file a appeal in Supreme Court and please do provide legal fee charges by Penal advocate of your firm. main reason of annoy is ,i am filing RTI application against bank Management and a file a complaint in CVC in April 2014. for full details of case please do contact my Highcourt advocate Shri S.P.Sharma 9314715058 and his email - satyaparashar50@gmail.com. hope to hear a favorable response from you regards Dinesh Kumar Maheshwari

  • 2 Answers
  • 892 Views
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered over 4 years ago
Review of decision of Family Court

If there is any error or mistake in the proceedings of a family court how to get it rectified? Under what section or rule of which code (CrPC or CPC?) we can make an application or petition for rectifying it. Or If it is a suspected malpractice to whom to ask for conducting an enquiry and...

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If there is any error or mistake in the proceedings of a family court how to get it rectified? Under what section or rule of which code (CrPC or CPC?) we can make an application or petition for rectifying it. Or If it is a suspected malpractice to whom to ask for conducting an enquiry and ascertain the facts of the matter?

  • 3 Answers
  • 393 Views
782fdcdfcb12128bf7acf28289e8be5968bf2274 Kishan Dutt Retd Judge
last answered over 4 years ago
Application for change of Court during appeal proceeding

My father won the case in lower court (Waduj Satara district) related to land sold by my grandmother since it was signed only by her, but opponent appealed in upper court. We stay in Kalyan can this case be transferred to Kalyan court? since my father age now is 67 yrs. Secondly we are not...

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My father won the case in lower court (Waduj Satara district) related to land sold by my grandmother since it was signed only by her, but opponent appealed in upper court. We stay in Kalyan can this case be transferred to Kalyan court? since my father age now is 67 yrs. Secondly we are not getting the land possession since the opponent is always giving some reason and the land measurement department accepts his request on last day. pls suggest the solution. Also Can we file a defamation case at Kalyan court against him.

  • 2 Answers
  • 253 Views
Asked at October 20, 2017
Default avatar Asmita Rakhecha
last answered almost 5 years ago
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