Kinjal Shah | Legistify

Kinjal Shah
Answered on 21 Jan 2020

Lack of jurisdiction is the very first defence that a defendant has to take in a case. Its a preliminary issue and the court is bound to pass an order on the same. If the court proceeds with the matter, and later on, the court is found to lack jurisdiction the whole proceedings will be set aside. In the olden days, every written statement would challenge jurisdiction in the very first paragraph and the court would be forced to pass orders on that objection. As stated above, the Court exercised jurisdiction without powers and the plaintiff is entitled to approach the court of right jurisdiction whether it is NCLT or any other Court or tribunal. There is a Latin maxim which says "Actus Curiae Neminem Gravabit" which means that a mistake of the court cannot prejudice any litigant, whether Plaintiff, Defendant, Complainant or Accused. It is for the Plaintiff now to determine the Court of correct jurisdiction and without knowledge of the case itself, the cause of action and the territory or the Company matter involved it would be difficult to say right now which jurisdiction would apply since NCLT is mentioned it is presumed to be a Company matter but company matters like provident fund defaults or sales tax matters or ROC, winding up, etc would go to different court or tribunals for determination.Read More

Posted on 14 Jan 2020 | 1 Answer

Ayaskanta Parida | Legistify

Ayaskanta Parida
Answered on 20 Jan 2020

You can go through the database of lawyers we have on our website (Legistify). In case you don't find any, you may contact us through the number i.e. 846-883-3013 or mail provided at our website itself, so that we may help you get a lawyer.Read More

Posted on 04 Jan 2020 | 1 Answer

Ayaskanta Parida | Legistify

Ayaskanta Parida
Answered on 19 Jan 2020

You can access the website of the department of publications under the ministry of housing and urban affairs, the government of India to change the name as per your requirement. You will get detailed information as to how it is to be done.Read More

Posted on 04 Jan 2020 | 1 Answer

Ayaskanta Parida | Legistify

Ayaskanta Parida
Answered on 19 Jan 2020

No, the registered will is not a public document. Only the public record of the private document like the will, in this case, attributes public character to such documents.Read More

Posted on 06 Jan 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 20 Jan 2020

Article 131 of the Schedule of Limitation Act provides a limitation period of 90 days for filing the revision under the Code of Civil Procedure and the Code of Criminal Procedure from the date of decree or order or sentence sought to be revised. You cannot file a revision petition after 22 years.Read More

Posted on 09 Sep 2019 | 1 Answer

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 17 Jan 2020

If you have lost a case in civil court, you can challenge the court's decision through an appeal. Basically, you are asking a higher court to review the case and determine if the judge applied the law correctly.Read More

Posted on 16 Jan 2020 | 1 Answer

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 15 Jan 2020

An application of order 9 rule 13 for setting aside of ex-parte decree is subject to the discretion of presiding Judge if he allows the same, then matter can resume and it will start again. If you want to go against the same you need to consult the Advocate for doing so.Read More

Posted on 14 Jan 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 12 Jan 2020

You can ask the court in which the suit is going on, to get permission to make repairs to the shed. Read More

Posted on 02 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 09 Jan 2020

A compromise decree is not a decision of the Court, so an execution decree cannot be filed in the court. You can file a fresh suit against the person if they are not realising the compromise.Read More

Posted on 06 Aug 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 08 Jan 2020

You should wait for the NCDRC's order, as your execution application is pending before National consumer Dispute Redressal Forum. Then only you can proceed further.Read More

Posted on 06 Jan 2020 | 1 Answer