What is the time limit to appeal against lower court decision before high court in India?
The Limitation Act provides the time period within which the appeal should be filed against an order or judgment. An Appeal can be filed with the help of a lawyer expert in the matter in the High Court against the order or decree of a lower court.In case of an appeal to the High Court against an order passed by the lower court is 90 days from the date of the passage of decree or order. In case of an appeal to any other court, the time period is 30 days from the date of the decree.It is pertinent to note that upon filing of an appeal, the order or the decree passed earlier in the matter by the lower court is not put to stay. If a person wishes to seek temporary stay of the decree or order passed earlier, the same needs to be specifically asked from the High Court or the court where the appeal is filed with the help of a lawyer by filing an appropriate application for the same and the stay shall be granted only if the court deems fit.Further, the period of limitation is different for each law. Some special Statutes provide for the time period of appeal specifically in their laws.For eg. Under the Code of Criminal Procedure, for death sentence passed by the sessions court (lower court), an appeal can be filed within a period of 30 days. For any other sentence (not being an order of acquittal), the time period to appeal to the High Court is 60 days from the date of the sentence and 30 days if the appeal is to be filed before any other court.Kindly up-vote if you find the answer useful. Hope it helps!
Can a person win small claims court for 'wasted time compensation'?
It truly depends on the facts of the case which you did not go into. It depends on exactly what time the Plaintiff is trying to get compensation for and in what capacity. In general, no. A small claims judge will not grant compensation for time unless the circumstances severely affected income due to your actions. It would have to be really, really negligent. I've never heard of someone getting time granted for having to sue someone and missing a day of work. I have heard of people receiving compensation for situations where the Defendant did something so negligent that it resulted in the Plaintiff having to miss quite a bit of work against their will. When you sue someone, you do on your own volition, meaning you CHOSE to miss work to go to Court. Example of where time damages might be given is if you were employed as a figure skater. You were hit by a drunk driver, broke your leg and now you are truly prevented from earning an income because of the Defendant's actions. The Plaintiff would have to prove that "time wasted" is truly wasted. Taking a day off of work for Court usually doesn't tickle the Judge's fancy.
Does the court ever deny psychological evaluation of the child?
Why would you want the court to deny psychological evaluation of your son? If you have nothing to hide then it will show he is healthy and happy and there is no reason for him not to be in primary residence with you. Can your attorney request an expedited psych eval so you do not have to change your flights and time off from work? Why is it costing additional time off from work? Can you not simply change your dates -- working when you had previously requested time off and leaving later when the trial is? Whom was your son living with mostly after you separated in 2006? That will have a lot of bearing on the case. You can get your own eval of yourself to rule out bipolar disorder although simply having bipolar is absolutely no reason to transfer custody anyway. I have bipolar and am deeply offended anyone would think it makes someone a bad parent. I have three kids who are happy and loving and I am their primary parent because their father works long hours as a contractor -- though he is an involved dad too -- and we are married so we both live her obviously and they see us both daily. ANYWAY...if you want to rule out bipolar disorder it should be easy to do. Make an appointment with a psychiatrist or clinical psychologist. If you are bipolar submit a statement to the court about how you are treating it successfully. If you are doing well on the career side of things then it is almost certain that the symptoms of bipolar are not ruling your life even if you do have it. Most bipolars cannot hold steady work much less a career where they will transfer you to use your talents in a new location.
Can you sue the County Health Department?
We had our septic system inspected by the Health Department when we purchased our house in May of this year. We were told the system was operating correctly and there were no set back or easement issues. A couple weeks ago we had to have another inspection by the HD in order to put in a pool. This time we were told one of our septic lines runs too close to our well (they are in 1 ft of each other!) and the footings of the deck are sitting in another line. Obviously these problems existed in May when the initial inspection was done. We can not put in a pool (or get any other building or plumbing permits until the issues are resolved. The cost estimates we have received to fix the issues run from $1500 to $8000 depending on how we choose to address the issues and how much damage there is. $1500 will kill and re-drill a well (at cost, by the same company that put the well in) but it won't hook the new well up to the sprinkler system and assumes there is no damage to the drain line where the deck is. $8000 will reroute all the septic lines.
What happens if my lawyer doesn't show up in court?
It depends upon the nature of the proceeding - civil or criminal, and also depends on whether you show up. In a criminal case, in almost all instances the defendant will be required to be present in the courtroom. In those rare instances in which the attorney’s appearance will substitute for the defendant’s appearance, the failure of the attorney to appear, and you don’t appear, a bench warrant for your arrest will be issued for failure to appear in court at the date and time ordered. If you are out on bail and fail to appear in court, the failure to appear cancels your bail and a warrant for your arrest will issue. If you appear in court and the attorney fails to appear, you should ask for a continuance based on absence of counsel. This will almost always be granted. However, a judge could be difficult and assign a public defender to represent you at that moment and direct the case to go forward. This would be highly unusual in all but a minor offense, such as a traffic offense, in which a conviction would not result in jail time, but only a fine.In a civil case, failure to appear can result in a default judgement in favor of the other party. Default judgements are not final until a 30-day period has run, during which your attorney could file a motion to set aside the default judgment and request a new trial date. For example, if you attorney was representing another client in a different matter and the trial unexpectedly ran an extra day, that would be a reason for setting aside the default and rescheduling. However, the judge would still be upset with the attorney’s failure to notify him/her of the schedule conflict. At a minimum, you would have an angry judge that could take it out your side when the trial actually occurs at a later date. Or, the judge could find the attorney in contempt and order the attorney to pay a fine, immediately, or even put the attorney in jail for several hours.The lesson here is always appear at your trial date and time, even if not required to do so. If neither you nor your attorney show, the consequences to you could be arrest (in a criminal case) or dismissal of your case if you are suing someone in civil court, or loss of the case if you are a defendant in a civil case.
On what grounds can the courts in India provide bail to a convicted person?
Custody trial should be a rarity. This is the premise on which the Courts in India operate. Hence, whenever a person is taken into custody even before he is convicted, there should be strong reasons behind it. Keeping this in mind and other aspects such as the presumption of innocence that no man is guilty unless so proved, the courts in India grant bail.So granting bail is regular and not granting bail is an exception by the above rule. Accordingly, only when the evidence is so strong that the guilt of the accused is apparent or there are chances that if granted bail the accused person would tamper the evidence or hinder the trial or threaten the victim, bail is not granted. Otherwise in all the other cases, grant of bail is regular.Moreover, statutory conditions such as narcotics above a certain quantity, economic offences etc, these are other places where bail is denied. These are offences against the nation and its economy, hence the statute and strict proof of law is complied with before grant of bail.
Average time for Ex parte divorce?
Pls find details of my ex parte case below.My question is on an average how much time would it take for me to get over with this.This is because I have a plan i mind for my career and would like to take up a long term onsite assignment.But I would like to get over this and then move on.For information, let me put that there are no chances of my husband coming back and contesting this.I am waiting for the court to grant me a paper publication order.Although the first notice was sent to him at a Saudi Arabia address, he should now be in India and I donot have any India address with me. Details: I have filed divorce in June 08.The court issued a notice to my husband, who is residing abroad.However, since then two court dates have passed but neither the acknowledgement nor the notice itself came back to the court.Finally my lawyer put forward a petition for paper publication.However, at this the family court gave another short date of around 17 days during which it asked the court office to enquire about the notice.My lawyer says on the next date , teh court will permit us paper publication.I require a second opinion on this. My concern is I wish to get over with this at the earliest and would like to know what is the shortest way to get the case an ex-parte.I have not claimed for alimony, compensation or mainteinence. 2 weeks ago Additional Details 2 weeks ago Thank you for the answer.The delivary of the summon looks a remote chance for me as I am completely unaware of my husband's present address.I am ok to go with paper publication.My concern it that the paper publication request to the court was not accepted and the court gave another date on 5 Nov , asking the court office to get details of the notice.I would like to know if on 5 Nov, the court would allow me to go with paper publication.
Army wife Compassionate Reassignment?
My wife wrote a 4 paragraph letter which I will soon turn in. This is only part of it. She has the Death Certificate and the letter from the Clerk of Courts authorizing her as the administrator over her fathers estates. Would this grant a Compassionate based on her Father's Estate: A year has passed and not only am I still here alone, raising our family and grieving over my dad’s death but i have to resolve my dad’s business. The court has authorized me, by the State of "name of state", administrator over my dad’s estate and has given me 18 months to take care of any debts that have occurred and assets of his estate. I need my husband, I need his support, I need someone to help me at this time in my life, I need help and I am asking for someone to be compassionate towards me and my family, to help us be reunited in this time of hardship. We cannot afford to move again, we cannot afford for me to lose my job again, I cannot afford to lose any more time off from school if I want to graduate sometime in the near future. For once can a military wife that has supported her husband for 18yrs in the Army get some support too.