Subject : Civil
Question : Property sold to me by cheating and fraud?
Answer by Anand Prakash : 1. you can file suit for cancellation of sale deed and refund of the amount so gave to the seller plus interest and litigation cost.
2. file fraud case against culprit in the concerned police station.
3. file the suit for stay against that property so that no third party interest in the said property created.
Subject : Arbitration
Question : I have a claim involving an auto and a home/building, do I file it in Auto or Property?
Answer by Anand Prakash : claim against auto under MACT, it better, effective and time saving.
Subject : MAINTAINABILITY OF SECOND TIME COMPLAINT IN NCDRC.
Question : How i can prove the maintainability of my second time complaint in NCDRC in medical negligence case which has been admitted already and when all the paper procedure is completed and case is mature for final argument. But the court is asking now to prove the maintainability.
Answer by Anand Prakash : To answer your query, please provide more facts why this question of maintainability on which part has come or the other side has raised this objection in this regard. You may call me on 9310511420 to discuss over the phone on the same issue. as detail facts required to understand the core issue and which bench has raised this issue is equally important.
Subject : Medical Negligence case
Question : I had filed a medical negligence case for 2nd time in NCDRC in 2016 ( Under Fresh and Continues cause of action and discovery of new facts due to past medical negligence), which was admitted but later it was dismissed on maintainability 2019. Again I filed a Review Application in NCDRC against the Judgement passed by NCDRC.
Last week NCDRC has dismissed the Review Application also. Now what are the legal options available for me to proceed in this matter?
Answer by Anand Prakash : You need to approach supreme court
Subject : Whether compramise degree be challenged
Question : What should we do
Answer by Anand Prakash : It can be challenge on the ground that the compromise was under duress or mis representation. On this it can be challenge.
Subject : Court commissioner
Question : What is the duty & scope of work of A COURT COMMISSIONER
Answer by Anand Prakash : It is provided under Order XXVI Rule 9 of CPC that in any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market value of any property, or the amount of any mesne profits or damages or annual net profits, the Court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the Court.
75. Power of court to issue commissions. – Subject to such conditions and limitations as may be prescribed, the court may issue a commission –
(a) to examine any person;
(b) to make a local investigation;
(c) to examine or adjust accounts; or
(d) to make a partition;
(e) to hold la scientific, technical, or expert investigation;
(f) to conduct sale of property which is subject to speedy and natural decay
and which is in the custody of the Court pending the determination of the
(g) to perform any ministerial act.”
As per Section 75(b), subject to such conditions and limitations as may be prescribed the Court may issue commission to make a local investigation. With this, section 75 it would be appropriate now to refer Order XXVI Rule 9 of CPC. Sub-title of Order 26 of CPC makes a reference to “Commissions to examine the witness”. Rule 9 of Order XXVI provides “Commissioner for local investigation.” (See: The Hon’ble Bombay High Court ruling in Registered Office At Mukundraj vs Ramkrushna Dhondiram, WRIT PETITION NO.4974 OF 2008, dt. 7.10.2008)
Subject : If an FIR is registered on me in police station should I take bail compulsory?
Question : If an FIR is registered on me in police station should I take bail compulsory?
Answer by Anand Prakash : It will depend upon the allegations and the content of the FIR if the offence made out in the FIR are non-bailable in nature then you need to take a bail and if offence made out in the FIR bailable in nature then the bail may be taken from the PS concerned.
Subject : Someone filed a case against me in police station police enquired and FIR is registered police didn't arrested me and I didn't take a bail is that a civil case?
Question : Someone filed a case against me in police station police enquired and FIR is registered police didn't arrested me and I didn't take a bail is that a civil case?
Answer by Anand Prakash : Police registered and FIR against you then she is not a civil case but ???????? ???, it's not necessary all the cases where FIR is being registered against the accused the police will arrest the accused if if the allegations are not serious in nature then under such circumstances police might not arrest immediately but after the investigation only.
It will all depend upon the content of the FIR.
Subject : does court notice will tell under what section FIR is registered on us?
Question : does court notice will tell under what section FIR is registered on us?
Answer by Anand Prakash : If the court summons pertains to criminal case then it will also have FIR number name of the PS and court concerned you can have all the details in the summon itself
Subject : Does civil case affects eligibility of government jobs?
Question : Does civil case affects eligibility of government jobs?
Answer by Anand Prakash : No, only criminal case is be declared in the government job
Subject : Does petty cases affects the eligibility of government gobs?
Question : Does petty cases affects the eligibility of government jobs?
Answer by Anand Prakash : It will depend upon the nature of job in which you apply for but generally petty offences does not count for the government job