Contact Details
Law Firm Name : Aditya Giri
Country : India
City : East Delhi
Area : IP Extension
Practicing Since : 2017
Qualification : Bcom(H), LLB
About
| Enrolment No | Enrolment State | Enrolment BAR |
|---|---|---|
| D/3917/17 | Delhi | Bar council of Delhi |
Civil
Arbitration & ADR
Corporate & Regulatory
Consumer,Product&Service Liability
Contract & Drafting
Criminal Law
Family & Divorce
High Courts (India)
Human Rights
IT, Media & Telecom
IP, Trademark & Copyright
Employment, Labor & Service
Motor Vehicles
Startup & Registrations
Supreme Court (India)
Taxation
Tribunals
Languages
Subject : my brother-in-law's secret relationship
Question : i doubt my brother-in-law has a secret relationship even before marriage and he is continuing it still.How to break their relationship and save my sister.
Answer by Aditya Giri : You can use a detective agency to make sure if your assumptions are true. And if they are true then you can confront your brother in law and go for mediation.
Subject : WHICH TYPE OF NOTICE TO BE GIVEN FOR VACATING OF THE SHOP
Question : Dear Sir,
A shop was allotted by Municipal Committee before 13-14 years on rental basis[ monthly rent about Rs.800/= per month]. Before 7-8 years, a known fellow of me asked me to use the shop for six months. As my shop was empty at that time i.e before 7-8 years. So, I gave my shop to him for six month to him on trust. After six month, when I asked him to vacate the shop then he started fighting with me. Thereon, he started depositing rent in the municipal committee directly & started collecting the rent slips from the Municipal Committee. THE IMPORTANT POINT IN THIS CASE TO NOTE IS THAT THE RENT SLIPS ISSUED TO THAT PERSON BY THE MUNICIPAL COMMIITTEE IS STILL IN MY NAME [ i.e that person is depositing the rent on monthly basis in my name ]. ALSO ONE IMPORTANT POINT TO NOTE IS THAT DURING LAST YEAR I PREPARED BANK DRAFT FOR RENT OF THREE MONTHS FROM MY ACCOUNT[ THROUGH MY BANK ACCOUNT CHEQUE] & SENT THE SAME TO THE MUNICIPAL COMMITTEE, WHO RECEIVED THE SAME & MADE ENTRY OF THREE MONTHS RENT FROM MY SIDE IN THEIR ACCOUNT,
1] Thereby confirming the deposition of rent amount from my own bank account.
2] Also One more point to note is that before six month a legal counsel / advocate of mine sent
notice to that fellow mentioning in the legal notice that shop was given from my side on ‘ Trust ‘
for six months only & mine legal counsel addressed him to vacate the same. Sir, Few my known
legal experts are saying that the notice given by my councel / Advocate [ saying that the shop was given on trust basis, as mentioned in the legal notice] is wrong. Reason being, the shop has
been allotted to the undersigned by municipal committee on rent basis.
3] When I asked to the Municipal Committee to tell about the ‘’ Allotment Conditions ‘’ with the help of RTI then MC could not reply & at last when the case gone to INFORMATION COMMISSION, Then there the Municipal Committee confessed by giving in writing that they[MC] have no record of the same.
Now, In above circumstances, whether the legal notice given by my councel to that fellow is wrong or right & how to vacate the shop.
Thanks,
[ Shiv kumar]
Answer by Aditya Giri : Don't mention that you have the shop on rent to him and it may have a negative impact on your matter. You should instead file a case for vacation of property rest will inform on a meeting.
Subject : Appeal in Supreme Court
Question : I had filed a medical negligence case in NCDRC, first complaint (CC) In NCDRC in 2016. Which was decided and the judgment was pronounced in November 2019, which was received by me in last week of December 2019.
Against that judgment I had filed a Review Application in NCDRC in the month of January which was decided and judgment was pronounced and I received the judgment copy on 29th February.
Now I want to know how I can appeal in Supreme Court?
Whether I have to file a Civil Appeal in Supreme Court or I have to file a SLP in Supreme Court?
If I want to file a Civil Appeal then I have to file the Civil Appeal against the NCDRC main judgment or I have to file the Civil Appeal against the NCDRC Review Application judgment?
What is the limitation period to file an appeal in Supreme Court under Civil Appeal?
What is the Limitation period to file an appeal in Supreme Court under SLP
Answer by Aditya Giri : Dear Rajesh,
I am answering your questions herein-below:
Q1.) Whether I have to file a Civil Appeal in Supreme Court or I have to file a SLP in Supreme Court?
Ans. You can file a Civil Appeal in Supreme Court against the order of the NCDRC. Order XXIV Rule 1 to 8 of The Supreme Court Rules, 2013 are to be referred in this behalf. The same has to be read along with Section-23 of the Consumer Protection Act, 1986.
Note: This can be done only if the case was filed directly at NCDRC.
Q2.) If I want to file a Civil Appeal then I have to file the Civil Appeal against the NCDRC main judgment or I have to file the Civil Appeal against the NCDRC Review Application judgment?
Ans. The Civil Appeal will be filed against the the order of NCDRC and not against the Review.
Q3.)What is the limitation period to file an appeal in Supreme Court under Civil Appeal?
Ans. It is 30 days from the date of receive of order.
