Advocate Achyut Swaroop Mishra

Questions Answered by Advocate Achyut Swaroop Mishra (25+ answers)

Q: Challenging order/Judgment of the appellate court

The trial court had acquitted the accused from the charges of section 384 &387 IPC levelled against him. Against the order of the acquittal the informant filed an appeal under section 372 CrPC. Now the appellate court has allowed the appeal and pronounced it's Judgment in favour of the appellant. I being the respondent no.2 looking forward to challenge the impugned order of the appellate court. What should I do..?

Advocate Achyut Swaroop Mishra answered
You can challenge the order passed by the said honorable Court in the supreme court. You are suggested to take the guidance of an advocate of Supreme Court specialised in criminal matters accordingly file a case to challenge the said impugned order.

Q: Reagarding property perchased on name of my elder brother when minor

My father purchesed a property on name of my brother when he was 10 years old and i was 8 years old.He made a house on that land and now my brother is asking me to vacate the house.Can i claim on the house made by my father ?

Advocate Achyut Swaroop Mishra answered
Yes, if it is the only property earned by your father you may file a civil suit before the court for relief. The house made by your father is an earned property of your father upon which you can claim your right. You are advised to hire a competent advocate for filing the same.

Q: Regarding case case nuber wpc687/2018 highcourt

My father's case is in ranchi highcourt since 2018 case no. Wpc 687/2018. The lawyer we have hired from last month is saying that the judge is not taking the case and only taking the emergency case. What should we do.

Advocate Achyut Swaroop Mishra answered
You may consult any other lawyer of the high court to know the present status of your case and reason behind not taking up your matter. Accordingly, after getting the status of your case he will assist you.

Q: Not refund my sale agreement amount by seller

I entered into a sale agreement where I decided to buy a flat in cooperative society.also I stated in agreement if bank will not provide loan then seller would refund my whole sale agreement amount.ow this cooperative society will not provide membership to me.ow seller not refund my money .plz guide me

Advocate Achyut Swaroop Mishra answered
Send a Legal Notice to the concerned person along with whom you entered the agreement , through a good advocate. In this notice the concerned person will be given a time period resolve the dispute and return the said amount. In this type of matter Legal Notice play a very important role in resolving the dispute and notice itself becomes more than sufficient but it is mandatory that the notice must be well drafted explaining all the necessary ingredients. If even after receiving notice the concerned person does not take the same seriously within the given time frame , you may proceed before the competent court against him for justice and relief .

Q: Ranchi r.m.s post declared my 04 high value speed post parcel lost..

I have MYSELF filed a petition in ranchi district consumer court on 23/01/19 but my case not yet admitted as there is no judge for more than 1 year now.. how can i get justice???1--- is it possible to get my case transfered to a higher court?2--- can i write about my case to honourable chief justice of india for getting justice?

Advocate Achyut Swaroop Mishra answered
You can file a writ petition in the nature of mandamus before the Honourable High Court of Jharkhand praying to direct the respondent authorities for the protection of your right and liberties .