Advocate Vivekkumar B Parsiya

Questions Answered by Advocate Vivekkumar B Parsiya

Q: What is doctrine of Delay and Laches in civil case

Hi Experts. I want to know what is doctrine of Delay and Laches in civil case ? When it is used and how and where an application can be made to avail benefit of Delay and Laches.

Advocate Vivekkumar B Parsiya answered
The doctrine of laches is a legal defense that may be claimed in a civil matter, which asserts that there has been an unreasonable delay in pursuing the claim (filing the lawsuit), which has prejudiced the defendant, or prevents him from putting on a defense. The doctrine of laches is an equitable defense that seeks to prevent a party from ambushing someone else by failing to make a legal claim in a timely manner. Because it is an equitable remedy, laches is a form of estoppel. The doctrine of laches is based on the adage that “equity aids the vigilant and not those who sleep on their rights.” In many situations, a delay in filing a lawsuit has the effect of preventing the opposing party from putting on a fair defense. This is because witnesses go their ways, evidence disappears, and memories falter. If a plaintiff has knowledge of a problem that might be the subject of a legal dispute, but puts off asserting his claim for an unreasonable amount of time, he may be barred from recovering on his claim at all.

Q: Wife divorce signing notary paper and shows single status for gov job.

Meri wife ne jabran muj se notary divorce liya tha or bad me mene us par sec 9 file kiya he gujarat me. Notary divorce ke bad wife ne govt job join kiya he or us me single status show kiya he par hamari court se decree nahi he divorce ki. Or section 9 chal raha he. Ab muj age kya karna chahiye.hamari shadi gujarat me hue thi with registration certificate or notary divorce rajasthan se

Advocate Vivekkumar B Parsiya answered
Ek to aap pahle nishchint ho jaye kyuki Notary divorce ki baat jo aap kar rahe he wo valid nahi he.. agar aapki cast me customary divorce hote he is prakar se tabhi ye valid he yadi nahi to kanunan ise kabhi mana nahi jayega. aap bata rahe he ki aapne sec 9 file ki he to aapko result aane tak wait karna chahiye and aage wo nahi aate to aap is ground se divorce file kare.. jab tak court se decree nahi ho jati tab tak divorce consider nahi mana jayega..

Q: Cheque date of 3 months passed, how to recover the money

i have a question that if i have presented a cheque in a bank for clearing and party has done the stop payment. so the cheque was bounced. but time has been passed more then three months. then have i any option for this?

Advocate Vivekkumar B Parsiya answered
If there is cheque date of 3 months passed then you can recover your money by summary suit in the Civil court. By summary suit you can also claim the interest on that unpaid cheque amount. summary suit is very easy and fast method for recover your unpaid cheque amount. order 37 of civil procedure code deal with summary suit.