Advocate Abhishek Bhardawaj

Questions Answered by Advocate Abhishek Bhardawaj

Q: How to know the case status of an SLP

Status of the case: Secretary,  SLP-Service Matter

Advocate Abhishek Bhardawaj answered
It can be checked from the website of Supreme court of India. Here is the link http://supremecourtofindia.nic.in/. You can check the status of your case as well as the orders passed in it.The information on the website is there for viewing as well as download.

Q: Is a WRIT Petition maintainable if it is filed AGAINST PRIVATE PARTY

I have gone through the Constitution of India back & forth, more emphatically the Articles 226 & 227. "Nowhere" in the entire Constitution, it is said that the Writ against a Private Party is not maintainable. And, "nowhere" in the entire Constitution, it is said that a Writ Petitioner should first exhaust the alternative remedy. Even the Parliament is not expected to amend or misinterpret certain parts of the Constitution. Therefore, can anyone misinterpret the Constitution, contrary to it's original meaning, perhaps for his/her personal comfort? Can someone answer, please?

Advocate Abhishek Bhardawaj answered
The writ jurisdiction of Supreme Court and High Courts can be invoked only against the Government department only. However there has been a change in judicial decisions and now the court sees the functions that the body is discharging. That as far as your second query is concerned , the normal rule is that you cant invoke writ jurisdiction of the court unless you exhaust all of the remedies available to you. However there are exception to this rule as well and it depends on case to case.

Q: How to transfer a divorce petition one state to another state

my husband filed divorce petition in madras highcourt, but my native place is Andhra, i can't to going every hearing date, so please advice me, how can i transfer tamilnadu to Andhra

Advocate Abhishek Bhardawaj answered
You can file a Transfer Petition under Section 25 of CPC in Supreme Court of India for transfer of the same. The same is a discretionary relief, and you will have to make your case good for getting it transferred. Thus it depends on the pleading of the petition as well.

Q: Jurisdiction of consumer forum and effect on property after filing

Sir, I have availed a home loan of Rs 20 lac from P&SB bank. On scrutiny of the statements, since the date of loan availed, it has revealed that bank applied many charges contrary to loan agreement & added to the principal loan amount. As per loan sanction letter interest was 11% (floating) for 240 installments @ 20,700/-.As of now my principal balance is not as per the EMI chart calculator. It is found that at the starting itself bank has increased the rate of interest from 11 to 11.75 and EMI has gone upto 22,800/-. Bank never informed me this fact for the last six years and dishonestly placing the cheques of 20, 700/- (which was decided for 20 lacs @ 11% for 240 installements). Now they gave me a call and asks that to submit the overdues approx 84,000/- or to pay 10K to switch over MCLR. Can I file a consumer case?. Whether it will have any adverse effect on the property (like property involves in a case etc.. etc as we speak normally)?

Advocate Abhishek Bhardawaj answered
Yes you can file a consumer case. It will not make your property disputed since it is a dispute between you and the bank and thus the builder will not be a party. However i will have to see the documents before answering your query.