Advocate Ajee Rajappan

Questions Answered by Advocate Ajee Rajappan

Q: Is there a time frame within which a case can be reopened in court? For instance, can you reopen a c

Hi, the original complainant (son) has passed away, but now his mother wants to continue the case on his behalf. Is there any time frame to reopen the case, and can a case be reopened after 10 years or 20 years if it was previously closed in India?

Advocate Ajee Rajappan answered
Yes,there is a limitation of 30 days in reopening of a civil case.It means within 30 days an application is to be filled for reopening the case.BUT if above 30 days has been expired and for filling a restoration petition u have to first file a delay condonation petition with valid reasons.Most of times it will be allowed.After that file a restoration petition.

Q: How to withdraw pocso case ?

Can pocso case be withdrawn ?, how to withdraw pocso case ?

Advocate Ajee Rajappan answered
Posco cases to be withdrawn by whom? Question is not clear on that aspect.At what stage it has to be withdrawn.whether on complaint stage in the police station ?or at trial in the court ? Question is not clear on that aspect.Once a posco complaint is filed ,the legal machinery start rotating,like filing FIR,taking statements of victim,medical tests,arrest of accused,a nd culminating in submitting chargesheet in the court.It is almost impossible to withdraw the complaint at investigation stage.Next option is to Witnesses being hostile at trial stage.

Q: Neighbour removes 15 ft sand adjacent to my land making it dangerous

Sir/Madam, I have a small ancestral property. The plot adjacent to mine has been cut into smaller sites and sold. However since sand is like gold in this area, I learnt that he excavated close to 15 ft depth of his full plot taking advantage of the sloping road and apparently sold it. This has presented my property at a danger with mud sliding off every rains. There is a sudden drop at the edge of my plot and the width is small. He was to build a solid retaining wall which he did not and he is not listening to our plea. We cant build a house since the structure would have issues of future stability. Pls. advise my options, understand excavating soil and selling is illegal. The new owners of the sites are helpless. Thanks

Advocate Ajee Rajappan answered
Immediately approach the civil court with an injunction restraining the opposite parties from destroying ur lateral support.Along with the suit file an application for appointing an Advocate commissioner for filing a report on the state of your property.

Q: procedure of court marriage for partners of different religions

My question is regarding Court Marriage. I and my partner belong to Christianity and Hindu religion respectively. We both are divorced. I live in city X in a rental flat. My partner lives in city Y. My permanent address in adhar card is my Ex Husbands home address. My rental lease is in my name. Is it possible for us to get married in X? If so what is the procedure for the court marriage? Please advice

Advocate Ajee Rajappan answered
First of all there is nothing said as court marriage, court is not involved in any marriage.u both has to approach the concerned sub registrar office of either city X or Y. Apply there with ur I'd and address proof,photographs etc.wait for 30 days and annul ur marriage there before the sub registrar office,who is also the marriage officer.Get the marriage certificate.All the best.

Q: Procedure to apply for bail in criminal matter

A friend of mine is arrested and is in jail for a period of 50 days for offences under section 408,420,468 and 471 of ipc..the amount involved in the scam is 1 crore..chargesheet will not be filed soon...i heard bail application can be submitted after 60 days if the punishment is less than 10 years..in this case will he get default bail after 60 days or will the offences be put together for computing the said 10 years and bail be denied..or shall i wait for 90 days to get bail..pls help..thank you..

Advocate Ajee Rajappan answered
Hai,A Regular bail depends upon the gravity of offences.For offences mentioned by you, you can apply for bail after 60 days of judicial custody in each case,and if police failed to file a chargesheet in each case, you can get statutory bail.