Team Legistify
Answered on 05:34 PM, 03 Jun 19

According to section 4 of The Indian Easements Act, 1882, " Easement" means a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other lands not his own. You can appeal for the same in the Supreme Court but you need to mention the reason why the second appeal in the High Court is in motion hearing and what are the grounds that it is not admitted. For better understanding of your case, you can consult the best general legal lawyer in India, who will help you in your matter and suggest you what to do futher in your case.Read More

Posted at 06:12 PM, 18 Apr 19 | 1 Answer

Team Legistify
Answered on 06:09 PM, 21 Feb 19

Yes, there is an option to check the current status of your court cases, if advocate is not attending the case hearing promptly. You can search or check your status through CNR number. CNR number is a unique number given to cases in the District Courts of India. You can get your CNR number from the following sources: 1. You can downlaod the e courts app on your android phone and search for your case using party name. From there you can find your case and thus CNR number can be taken easily. 2. You can get CNR number from any copy of the order or plaint of your case. Generally it is written over every order. 3. You can go to the court room on the date of hearing and ask the reader of judge to tell you the CNR number written on the file.Read More

Posted at 01:27 PM, 15 Feb 19 | 1 Answer

Team Legistify
Answered on 04:58 PM, 14 Feb 19

Yes, you can hire a lawyer to send a legal notice and another lawyer for representing your legal matter. If you have a cheque bounce case where drawer send a cheque of payment, fee, salary, etc., to the drawee due to insufficient amount in the account. You can first send a legal notice to the defaulter within 15 days of receiving the cheque return memo. The legal notice should be drafted by a good cheque bounce lawyer in India with all the details of the matter. Ater serving the legal notice, if the defaulter makes the payment with 15 days, the case ends right there. But, if the defaulter fails to do so then you can file a case against the defaulter through same lawyer or another lawyer. As per our Indian laws a person has the right to change a lawyer at any point of his legal matter. READ: Procedure Of A Cheque Bounce Case Read More

Posted at 03:49 PM, 14 Feb 19 | 1 Answer

Team Legistify
Answered on 03:33 PM, 21 Feb 19

You need to inform the Session Court about the Supreme Court's order as keeping this fact hidden from the Session Court can lead to penality. However you can consult a good civil lawyer in india.Read More

Posted at 12:23 PM, 14 Feb 19 | 1 Answer

Team Legistify
Answered on 04:09 PM, 02 Feb 19

The different consumer forums in India, as well as the Supreme court, have held that the provisions of CPC and CrPC have limited applicability over consumer cases filed with consumer courts.  With regards to Supreme Court judgments, the judgments are applicable over all the lower courts and forums in India. However, you can consult a consumer court lawyer in India to know more about the applicability of such judgments over consumer cases in India. Read More

Posted at 05:58 PM, 01 Feb 19 | 1 Answer

Team Legistify
Answered on 04:14 PM, 02 Feb 19

If you do not wish to get the divorce petition transferred, you can file an application with the court for a stay on transfer of petition.  You can consult a divorce lawyer in India to file this application as you need to provide strong reasons to get a stay on the transfer. The court may not entertain a stay application unless there are substantial reasons for the same.Read More

Posted at 05:54 PM, 01 Feb 19 | 1 Answer

Team Legistify
Answered on 05:35 PM, 20 Dec 18

The Central government has raised the pecuniary limit from Rs 10 lakh to Rs 20 lakh for filing application for recovery of debts in the Debts Recovery Tribunals by such banks and financial institutions. This notification is completely valid and enforceable and now, the DRTs can hear matters with value up to Rs. 20 lakhs.Read More

Posted at 05:23 PM, 20 Dec 18 | 1 Answer

Team Legistify
Answered on 07:02 PM, 13 Nov 18

Special courts have been introduced by the Legislature time and again under different laws for speedy and efficient disposal of matters. A special court is established as a special mandate or to deal with some particular types of crimes. For instance, special courts have been established to deal with cases under the POCSO Act, NDPS Act (drug-related matters), CBI Special Courts, etc. The Special Courts Act, 1979 lays down the provisions relating to establishment, composition and powers of a special court in India. Section 3 of the Act lays down the provision for establishment of Special Courts. The Central Government shall, by notification in the Official Gazette, establish an adequate number of courts to be called Special Courts. A Special Court shall consist of a sitting Judge of a High Court nominated by the Chief Justice of the High Court within the local limits of whose jurisdiction the Special Court is situated, with the concurrence of the Chief Justice of India. Explanation.- Any reference to a High Court or to the Chief Justice or Judge of a High Court shall, in relation to a Union territory having a Court of the Judicial Commissioner, be construed as a reference to the said Court of the Judicial Commissioner or to the Judicial Commissioner or any Additional Judicial Commissioner, as the case may be. The special courts have the same kind of power a sessions court enjoys. Section 9 and 10 of the Act lay down the power of the Special courts:  Section 9: Procedure and powers of Special Courts. A Special Court shall in the trial of such cases follow the procedure prescribed by the Code, for the trial of warrant cases before a magistrate. A Special Court may, with a view to obtaining evidence of any person suspected to have been directly or indirectly concerned in or privy to an offence, tender a pardon to such person on condition of his making full and true disclosure of the whole circumstances within his knowledge relating to the offence and to every other person concerned whether as principal, conspirator or abettor in the commission thereof and any pardon so tendered shall for the purposes of section 308 of the Code be deemed to have been tendered under section 307 thereof. Save as expressly provided in this Act, the provisions of the Code shall, in so far as they are not inconsistent with the provisions of this Act, apply to the proceedings before a Special Court and for the purposes of the said provisions of the Code a Special Court shall be deemed to be a Court of Session and shall have all the powers of a Court of Session and the person conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor. A Special Court may pass upon any person convicted by it any sentence authorised by law for the punishment of the offence of which such person is convicted Section 10: Power of Supreme Court to transfer cases. Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case be transferred from one Special Court to another Special Court. The Supreme Court may act under this section only on the application of the Attorney- General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney- General of India or the Advocate- General of a State, be supported by affidavit or affirmation. Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider appropriate in the circumstances of the case. Read More

Posted at 05:04 PM, 05 Nov 18 | 1 Answer

Team Legistify
Answered on 01:29 PM, 05 Feb 19

Collusion is a secret agreement between two or more parties to limit open competition by deceiving, misleading, or defrauding others of their legal rights, or to obtain an objective forbidden by law typically by defrauding or gaining an unfair market advantage. You need to consult a good lawyer in India who can guide you regarding this matter since the court itself is involved.Read More

Posted at 10:59 PM, 25 Oct 18 | 1 Answer

Team Legistify
Answered on 02:15 PM, 17 Oct 18

Caveat is a legal notice to the court informing it that a person may proceed to file a suit against him/her and asking the court to give a fair hearing before the court takes a final decision. A caveat can be filed only in a High Court or in the Supreme Court of India. A caveat can also be filed in any Tribunal, Forum or Commission in which an appeal can be filed. You can file a caveat online with the NCDRC through the best consumer court lawyers in India. Your lawyer will represent your case before the national commission and you will not personally have to appear before the court. Read More

Posted at 08:43 PM, 15 Oct 18 | 1 Answer