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Anonymous   23 March 2022 at 13:23

Demanding cost of adjournment which in reality not taken

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?

Rahul   23 March 2022 at 12:47

Property transfer after death of father

Hello sir

My dad expired intestate. He was the sole owner of property. Dad had done nomination in society as under.

Wife 50%
Son 25%
Daughter 25%

What all options available on his wife i.e my mother to become owner of the property.

Regards

kunhi marakkar   23 March 2022 at 12:44

Compensation

One cheque bouncing case started in 2002. this case moved to LP because defendant went abroad.cheque written amount is 75000rupees.now defendant ready to face this case.if case go favour to plaintiff,then what will criteria on compensation?,how will maximum compensation usually?

Baiju Mehta   22 March 2022 at 12:28

Court order copy

Dear Lawyer

This is not a query.

I want help (of course paid) to get a court order copy at reasonable charges from Surat City.

Looking for a lawyer who can do this job.

Please contact me

Suraj Kumar   22 March 2022 at 07:43

Recovery of ornaments

Sir,
My wife stolen all the ornament ( which was purchasedvby me ) from my home and leaves with another person.

Can I file 406 IPC to recover the ornaments.

Anonymous   22 March 2022 at 06:26

Torture & threatening on child

Sir,
My wife leaving me taking 5 year old son and living with her boyfriend at some unknown address.

She didn't provide food & my son is always crying for food. Even education of my as son is stopped.

Her boyfriend threatening to murder my son.

She theft gold ornaments of my mother.

She file 125 CRPC.

My in laws want to recover my son from their daughter and keep my son in my custody & all the gold ornaments.

My sons life is under danger.

Could I approach police to recover my child and gold ornaments ?

Could I go to court for issue of search warrant ?





Anonymous   22 March 2022 at 06:16

Torture upon child

Sir,
My wife leave me taking my 5 year old son and living with another men.

She did not care my son, didn't give adequate food to my son and refused to send my son to school. As per my in-laws, my son is always crying for food. Till date my son unable to read / write anything.

My in -laws want to give my son to my custody for proper care- but my wife not agree to. Even she didn't disclose her present address. She file 125 CRPC.

Can police help me to get custody of my son ?

Should I need to go to court for search warrant ?

Should I go to court for my son's costody ?



Anonymous   22 March 2022 at 00:12

Torture upon child

Sir,
My wife leave me taking my 5 year old son and living with another men.

She did not care my son, didn't give adequate food to my son and refused to send my son to school. As per my in-laws, my son is always crying for food. Till date my son unable to read / write anything.

My in -laws want to give my son to my custody for proper care- but my wife not agree to. Even she didn't disclose her present address. She file 125 CRPC.

Can police help me to get custody of my son ?

Should I need to go to court for search warrant ?

Should I go to court for my son's costody ?



Manjunath   21 March 2022 at 20:43

Consenting witness of children to buy self acquired property

we are planning to buy a property below is details of the same
Person A purchased plot in 1992 and then constructed house in 1994 on the plot. Absolute sale deed is in name of person A.
Person A is selling house now, he is now 79 years, he has wife and 3 children. His children are NRI and all of them are residing in USA now.
My lawyer is suggesting taking consenting witness from Person A’s wife and all his children due to the age of seller. Since the children are in USA he suggested to get GPA from all children giving rights to Person A and then Person A himself can sign behalf of all children as consenting witness.
However their family is saying getting a GPA is more work and since the property is self acquired property of the Person A, children signature is not needed and is not feasible for them get it GPA and be part as consenting witness.
They are saying they can max arrange for a NOC in plain paper signed by children.
Please suggest do we need consenting witness of all children’s either by giving GPA or just NOC on plain paper is fine OR don’t need signature of any children on sale deed in anyway?

Himanshu Agarwal   21 March 2022 at 10:25

Transfer of immovable property through gift

Dear All,
If Mr X wants to transfer his Immovable property to Blood relation in UTTAR Pradesh.
Can he do on 500 rs stamp paper via gift deed.
OR Stamp DUTY charges also need to pay on it,