Krish
30 July 2012 at 03:57
We have cases both civil and criminal pending at the HC level and also as lower court level. The opposing party continues to use the reason that since the HC decision is pending the Lower court hearing sould be postponed to next hearing, in this way three years have passed by to no avail. We would now prefer to just place the LC cases on hold so there are no more hearing dates in the near future until HC decision takes place.
Please advice as to how to go about doing this. Our lawyers are doing little because they are making a lot of money for just showing up in lower court and do not want to give up that income. Case involves land fraud and land grabbing, and corruption at all levels.
Thank you in advance.
Krish
11 June 2012 at 23:19
We have a lawsuit pending for many years, we have both civil and criminal cases pending in lower courts related to cases pending in high court. The high court appeal and criminal application is pending. The lower courts have hearings in both civil,and criminal every so often but do ot go anywhere because the opposing party always says the case is pending at high court and so cannot go further until high court decision is taken. We, in the mean time are having lawyers go every month to these rurals courts with no productive efforts made to move anything forward, We are wasting time and money every time this happens with no results.
We therefore would like to find out how to place the lower court cases on semi- permanent hold until the high court decision is taken whereby our lawyers do not have to make bi-weekly trips to district court and waste our money and their time. Please how can we inform the lower courts to place on hold hearings until further notice. What is the legal procedure for something like this?
Thank you for providing clear answers.
Krish
24 May 2012 at 00:59
We have a first appeal pending in gujarat high court for a paper book for over a year. We are not able to get factual information from any sources including our advocate as to what the process is and why it is taking so long to get this paper book. We are suspecting some other type of activity may be going on since this is a long standing case involving property fraud and a lot of corruptive activities have already taken place at all levels of the judiciary system regarding our case.
Mr. Bharat Chugh gives very informative and factual answers, I would like him and others who can give similar answers to reply. I needs to know:
1) where can I find out information about the actual process of obtaining a paper book. Please provide reference.
2) What specific documents make up a paperbook (is it written in any legal procedures such as the CPC, etc.)? Please provide a reference where I can look for the information online.
3) Is there a fee for it and who is responsible for the fee and how much is it or how can we determine what the fee will be.
4) Who is responsible for obtaining the paperbook ... is it the High Court Registrar's office as our advocate is telling us or is it us or someone other party.
5)Who do we contact to get this paper book compiled?
6) Does the paperbook and its content need to be court certified?
6) How long does it take to get a first appeal filed a year ago normally take?
7)Is there a time limit as to when the High Court should have this paperbook; if so what is it?
8) Is there a way to expedite the process? (the Supreme Court has already directed the High court to expedite but so far we have seen no sign either from our advocate or high court in getting this thing moved along.
Please, Please, Please, reply with definitive information only. We need really good references as to where the government stated procedural information is written for this type of requirement with regards to first appeals and paper book.
We want to make sure we follow the letter of the law with regards to this paperbook so that the opposite party does not have any technical grounds to appeal based on it's contents or lack thereof.
Thank you kindly.
Krish
19 May 2012 at 19:38
My father put part of his agricultural land in my brother's name although funds to purchase land came from my father's personal earnings due to the land ceiling act with the oral understanding that the land belongs to my father.
My father has since died. And so has my brother. My father's will left all his property to my mother. Who would be considered the legal owner of the land under my brother's name.
Also, Is this land considered Benami?
Thanks.
Krish
15 May 2012 at 03:01
Is a will required to be registered in order for it 's contents to be enforced legally.
Does it need to be registered in the village, or town where property is located? For example if my grandfather owned property inajmer, Rajasthan, does the will have to be registered in Ajmer, or Rajasthan, or an it be registered a ywhere in India?
If grandfather died in 1980 and we lost the will or did not even know it existed, and we found it just recently, can it still be used with regards to property ownership? Please quote where in CPC is all this discussed. Thanks!
Krish
15 May 2012 at 02:38
Sometime back we gave poas to someone we knew in India to help us resolve court case regarding our property in India. This person unknown to us used poas to sell the property. The original poas are not in court files.
How can we find out:
1) whether the poas were registered at all
2) and what stamp amount was paid on it,
3) also get copies of Original poas as submitted
4) dates they were registered if they were registered.
5) would there be anything written on the original poa itself by sub-registrar to show it was registered?
6) how much stamp duty has to be paid on a poa?
7) or what stamp paper amount needs to be used for poa?
I assume they had to present them in court to represent us in case...am I correct?
Thank you
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First appeal 's memorandum of appeal
We have a First Appeal pending in High court waiting to be heard. Due to new facts coming to light, we would like to amend the adjoining Appeal Memo.
PLease advise what steps we need to take in order to amend the appeal memo before the first appeal is heard.