Anonymous
23 March 2022 at 13:23
CAN COURT DEMAND EXORBITANT COST IMPOSED EARLIER ON GRANTING ADJOURNMENT, WHEN IN REALITY SAID ADJOURNMENT WAS NOT TAKEN DUE TO ECONOMIC CONDITION:
My friend who is Disputant (Plaintiff) and his family member appearing in-person having Case pending at Co-operative Court, Pune. During the beginning of 2nd wave of Covid, in March 2021 on hearing he made an application to Court for adjournment as he is having Cardiac problem and a Co-morbid person.
Court while granting adjournment, noted that- “if further adjournment is to be granted it should be subject to cost of Rs. 2000/- to each to the Opponents (Defenders) to be paid forthwith. In view of this application is allowed”.
As there are six (6) Opponents (Defenders), means he has to pay forthwith Rs. 12,000/-. As he was economically not in a position to pay such exorbitant cost, he make a note on order that he is not in a position to pay cost. On the same day later on he filed an application further to continue with proceeding. Hon’ble Judge in his own hand writings also noted in Roznama that- “Disputant (Plaintiff) made a remark that he is unable to pay cost. Hence matter is kept for final argument. Later on Disputant (Plaintiff) filed application Ex: 21. Matter adjourned for reply of Opponents (Defenders)”. This Roznama also proves adjournment was NOT taken.
Now in March 2022, as my friend Disputant-1 got severe Skin problem and he was not in a position to go to Court. Therefore his colleague Disputant-2 (Plaintiff-2) went to the Court and apply for adjournment on the bases of Skin problem of Disputant-1. The Court while granting adjournment noted that- “adjournment is to be granted it should be subject to condition that the appellants shall make compliance of earlier order Ex: 5 before next giving date and proceed to argue the matter positively. In view of this application is allowed and adjournment is granted”. Here Ex: 5 is the order granting adjournment in March 2021 wherein total cost of Rs. 12000/- was imposed. But, it was not taken due to economic condition.
Respected experts are requested to give separate reply on below 3 points, which will help a lot to my friend, who is not sound economically.
My Query:
a) Whether Court can demand cost imposed in past for adjournment which was in reality not taken even as per hand writing of Judge in Roznama?
b) What can be done for the same before or on next hearing date?
c) Can it be said that order of Roznama hand written by Judge has nullified his own earlier order of imposing cost while granting adjournment?
varaprasad
23 February 2022 at 13:04
What is the difference between P.L.C and P.L.M in Courts.?
shyam lal
09 January 2022 at 17:27
Experts
I would like to know if Supreme court rulings/orders are to be followed by the High courts? or are they just advisory in nature?
anil
24 December 2021 at 23:45
Dear Expert,
In my property case which I filed partition suit in Senior Division City Civil court just 6 month back.
In that while filling suit, we filed temp. injunction application for not creating Third party interest and any kind of construction for maintaining status-quo.
Now opposite party filed there written statement. After filing written statement on next date opposite party filed one affidavit. Now due to judge retired case is pending for transfer, so we got some time.
When we ask court clerk they said word for affidavit something undertaking and statement made in this affidavit is false, as we have proof for this.
We want to oppose this affidavit and want to reject this affidavit as we want to get accept the temp.inj. application, hence we are thinking of counter affidavit.
I want to know,
what is counter affidavit and will it be come under any CPC provision.
Will counter affidavit Allowed to submit in Senior Division Civil court.
Is any other provision to reject or refuse this fake affidavit.
Currently case is pending for temp. injunction application.
Will counter affidavit help to oppose this opponent affidavit or any other way that we oppose this affidavit.
Anonymous
19 December 2021 at 15:26
Hello,
I would like to know if evidence (statements and exhibits) from a criminal case is admissible in a civil case for compensation, and such evidence can be relied upon in the civil case.
Conviction was awarded in the criminal case, but appeal against it is pending before the High Court.
I found a judgment of Supreme Court that deals with admissibility of evidence between two criminal cases, and also two civil cases. https://www.casemine.com/judgement/in/5609aba4e4b014971140cf94
In the said judgment, it was held that evidence of one criminal case is not admissible in another criminal case. However, in (two) civil cases it is admissible when the parties agree or give consent.
What would be the legal position regarding admissiblity of evidence of a criminal case, in a civil case, and if such evidence can be relied upon in the civil case? Would such evidence be admissible with consent, if at all, and can be relied upon?
Please also provide important judgments/citations in this regard.
Thank you.
Sorry for being anonymous but it is important.
Anonymous
03 December 2021 at 22:56
RESPECTED SIRS,
I HAVE DISPUTES REGARDING SHARES TRANSACTIONS FOR THAT I HAVE FILED SUIT FOR VALID BILLS AND CONTRACT NOTES WHICH IS NOT PROVIDED BY THAT SUB BROKER AND LATER ON WE FOUND THAT THE SUB BROKER IS NOT SEBI REGISTERED AND LATER ON BSE AUTHORITIES AND SEBI HAS GIVEN US A LETTER THAT THE FIRM IS UN AUTHORISED AS HE IS NOT SEBI REGD. THAT UN AUTHORISED SUB BROKER HAS COUNER FILED A CASE AGAINST ME FOR 6 LACS ON THE BASIS OF HIS OWN COMPUTERISED BILLS.WE HAVE FILED AN APPLICATION TO CIVIL COURT THAT AS ARBITRATION PROCEDURE IS THAT IN BSE AND SEBI SO CIVIL COURT HAS NO JURISDICTION FOR THAT CIVIL COURT HAS GIVEN A JUDGEMENT IN MY FAVOUR ALSO.AGAINST THAT JUDGEMENT THET UN AUTHORISED FIRM HAS FILED APPEAL IN HIGH COURT IN WHICH HIGH COURT HAS GIVEN STAY ON THE JUDGEMENT OF CIVIL COURT AND GIVEN AN ORDER TO APPEAL FOR HEARING TO THAT SUIT IN CIVIL COURT.NOW WILL YOU PLS GUIDE ME IN THIS REGARD?
NOW THIS UNREGD.SUB BROKER HAS PUT ALL BILLS AND CONTRACT NOTES IN THE COURT OF LAW DEMANDIND 6.00 LACS
I AM REALLY SURPRISED AND SHOCKED THAT HOW CAN A SUB BROKER WHO IS UNREGD.UNDER SEBI ACT CAN MISLEAD TO THE COURT IN THIS WAY ?
CAN SUO MOTTO CASE AGAINST HIM TO FILE BY THE COURT OF LAW ? CAN I APPEAL TO THE COURT FOR THE SAME ?
KINDLY SUGGEST WHAT NECESSARY STEPS SHOULD I TAKE ? PLS GUIDE.
Naresh Gupta
23 November 2021 at 12:17
I want to rent out my house. I had read somewhere that "Rent Agreement" should be replaced by "License and Leave Agreement" because Rent Agreement can legally make the tenant the owner of the house. Please guide as to which agreement should be made.
Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp
Anonymous
13 November 2021 at 07:33
Is it legal to ask to raise a new issue in the appeal stage?
Anonymous
06 November 2021 at 11:14
Sir/madam,
I would like to know whether separate WILL can be made for properties located at different places.?
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Prop tax & maint misallocated in 2 different sra societies
SRA rehab part = Society-A
Sra Salable part = Society-B
- both societies registered separately
- misallocation, prop tax goes in Society-A & registration details are found in Society-B
queries
1. Is resolution required to raise the bill ? Where bill was not raised by 1st committee of Society-B for 9 years (as property tax was not coming in Society-B, so were not aware about membership of the unit, so they assumed its part of the Society-A)
2. then is it required to pass resolution by Society-B , under this circumstance ?
3a. If a resolution passed | where there is only sign of chairman and three NON MEMBERS | is the resolution valid?
3b. and if no audits are done from past 15+ years is the resolution valid?
4. resolutions needs to be sent to the registrar / SRA to have its validation ?
5. Then if unsigned bills are so raised can be charged for interest ? such bills can b denied?
6a. can Society pass resolutions in AGM, for billing the legal fees to member on a case to case basis for notice received from member or on defaults?
6b. any provision in byelaws required?
I am ready to pay outstanding old maintenance, but society is forcefully charging interest and harassing for auditing accounts,
kindly let me as queried above regards to validity of bills and liability of interest..
kindly guide.
thanks and regards