Advocate Rahul Mishra

Questions Answered by Advocate Rahul Mishra

Q: Writ petition listed in Registrars court instead of main supreme ourt

I have filed criminal writ petition in supreme court. My case is listed in Registrar court instead of main court. Is it fair? Does the registrar has same powers and functions of supreme court?

Advocate Rahul Mishra answered
It is completely fair, their are two conditions one. Either your petition is suffering any defects they are not cured or cured but with some delay. Or it is an after notice matter then it is for representation of other parties. Let me know the writ petition no.

Q: Special leave petition dismissed in SC due to advocate's negligence

Respected Advocates, I am in a big trouble and need immediate and expert advice on my case. Last Month my Advocate who is (AOR) in supreme court file for slp in supreme court. It is against sec 138 case. The high court ignore some major facts and gave the wrong judgment. Now my advocate who is aor in supreme court filed the case and didn't present on the said date. He went outstation without information . A day before the case date he told another advocate to present in the court next day and do the arguments. That another advocate didn't knew the case so he just do what he can do and the case (slp) was dismissed. The court decision is that they cannot interfere in high court orders. No other reason given for dismissal in written orders. Now please tell that since this is due to advocate irresponsible behaviour, can I re-file the case in any way through another advocate ? Or any other way for me to revive my case? Please help me.

Advocate Rahul Mishra answered
Dear sir, I saw your query, I feel pity but nothing can be done as such. Maximum we can file a review petition but review is decide by circulation not by arguments at first instance. If you want any help I can help you. My main area of practice is supreme court.

Q: Procedure to obtain temporary injunction to perform hereditary archaka

sir We are the hereditary Archaka of Lord Hanuman Temple we have some dispute in taluka civil court on 30th March 2018 we have Hanuman jayanti utsav at temple hereditary we are performing Pooja on that days so we request you that we need temporary injunction so no one can object our duties. Kindly let us know fees and how many days is required to get injunction and what are the documents required. Please send details as soon as possible. Thanking you sir

Advocate Rahul Mishra answered
first tell me your location, then let me know by the virtue of what document you are claiming the such injunction because without any right you can say that this property belongs to me. certainly I will help you. we can negotiate on fee on call

Q: What to do if my wife has put a false case of IPC 377 on me

1) My friend's wife has filed false 377 against him, after 1 month of marriage. 2) What are the chances of my friend getting anticipatory bail in 377? There was no such act done by my friend with his wife.

Advocate Rahul Mishra answered
it depends on various grounds, but fair chances we have. see it depends on the allegations made to the accused.1. nature of crime2.means to commit the crime3. previous history4. status of investigation

Q: Filled a complaint with police but no action was taken

Filled a complaint with police, but no action was taken, when am trying to get a court direction to file FIR, Question 1) Is there a way the opposite party fights it at the court? to object getting the court direction? 2) Can they file a caveat petition to know any such cases filled ?

Advocate Rahul Mishra answered
1.Section 200 to 203 of the Code of Criminal Procedure lays down the procedure regulating complaints made by private persons. If a Magistrate takes cognizance of an offence on a complaint, he must first of all examine the complainant and witnesses, if any, on oath, and must then reduce the substance of such examination into writing. This must also be signed by the complainant, the witnesses, and also by the Magistrate.2. no caveat can be filed in criminal cases