Paper book for first appeal query for bharat chugh and others
Krish
(Querist) 24 May 2012
This query is : Resolved
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.
Chanchal Nag Chowdhury
(Expert) 24 May 2012
U have not stated as to which HC your 1st. Appeal is filed. Every HC has its own Rules. U should 1st. go through the rules relating to filing of paperbook in your HC. However, my replies R as follows:-
1.In the paperbook section.
2.Usually in 2 parts.The 1st. part contains the pleadings, judgment, evidence- both oral & affidavit while the 2nd. contains the Exhibits.
3.Yes. Fees R prescribed from time to time & is payable by the Appellant.
4.The paperbook section of HC prepares it.
5.The paperbook section.
6.The paperbook is prepared from the original case records of the Trial court. 1st. check whether the records of the Trial court has been called for and if so, whether it has arrived. Only after this can the process of preparation of paperbook start.
7.No.
8.I suggest that U 1st. check whether the processes as stated above has been completed. If yes, the matter may be metioned in court.
Shonee Kapoor
(Expert) 31 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
