Advocate Rajnish Kumar

Questions Answered by Advocate Rajnish Kumar (25+ answers)

Q: How to claim a refund of e-court fee

I filed a civil case and paid e-court fee to South-East Saket court via e-portal, but my case wasn't registered because it didn't fall under court's territorial jurisdiction i.e. I should have filed the case in Patiala House court. How can I claim a refund online?

Advocate Rajnish Kumar answered
Yes you may take refund of e filling of application fee. In your circumstances you may file application in Saket court for refund of court fee through counsel. provided the court returns the plaint for presentation in the proper court under Order 7 Rule 10 of the Code of Civil Procedure (CPC). In case of Lack of Jurisdiction: If a court finds it lacks territorial, pecuniary, or subject matter jurisdiction, it can return the plaint to the plaintiff to be filed in the correct courI am practising in Saket court. You may connect for the same.

Q: Dlsa application for civil, criminal

I am dubai based, resubmitted dlsa application with all docs to file civil for money recovery and criminal against the same person along with doc retrieval from NHRC, lawyer not assigned yet, family or friends can't represent.Dlsa called me for physical presence. Pls advise.

Advocate Rajnish Kumar answered
It would be necessary to appear in person or through POA(power of attorney) for filling of the matter and attending hearings before the Honourable court without this it is not possible to proceed with the matter. As we understand from your query that you want to pursue the matter criminal and civil both.

Q: Can't come India dlsa asking to come to file with docs uploaded

My query is both civil ( money recovery) & criminal. I submitted application in dlsa with all docs. Today some advocate from dlsa called to say I hv to come India physical presence needed. No one else can represent me & can't afford lawyer to help connect with dlsa. Pls advise.

Advocate Rajnish Kumar answered
You may give POA to someone in your circle who is residing in India to pursue the matter on behalf of you. For that you can connect with an advocate to draft and execute the POA.Else you have to then present to pursue the matter.

Q: Physical presence for cases under dlsa

I resubmitted my application to dlsa with all documents specially adhar card and pp size foto and also sent email to them. I got call from dlsa west advocate she did not give her name she was stressing that someone has to come from my end with these physical documents and also filing of case. I m moving as per advise received here on lawrato that physical presence not needed & vakalatnama can be given to that allocated lawyer. As of now lawyer is not allocated & I am being asked to come India

Advocate Rajnish Kumar answered
Physical presence not required but it is based on the trail which you are facing kindly clarify is this the civil or criminal ? Alternatively if you are residing out of India then you may give POA to any concerned or relative which is living in India and who acts on behalf of you.