Advocate S S S V Jagannadha Rao

Questions Answered by Advocate S S S V Jagannadha Rao

Q: Plaintiff Not Ready from the last 15 times

We are a defendant and we are waiting for the judgement for a civil case which is running from since 2017. The plaintiff doesn't not show up and every time the judge simply states as last time chance to plaintiff. Our lawyer don't respond to our quires and quite harsh when ever we ask him any question.The status shows always same "PNR, for trial, call on 15-10-19 as a last chance."Business : PNR as a last chance, call on 15-11-19.Next Purpose : FOR TRIALNext Hearing Date : 15-11-2019What we supposed to do?Is it really possible to give chances these many times (Almost 15 times)?How do i know what reason the plaintiff is presenting while asking for excuse.

Advocate S S S V Jagannadha Rao answered
if only defendant attends before Court, the plaintiff does not appear then the defendant may file a petition under Order 9 rule 8 for dismissal of suit. so in your case you have to file a petition under 9 rule for dismissal of suit filed by Plaintiff against you.

Q: NBW Issued for A2 . Can we attend the court on next date without recal

Hi,A case filed with me as A2 . I have not attended court for the first 3 court dates as I am not aware of the case details and not well for 2-3 rd time. A NBW has been issued against me. I have hired a lawyer and paid a fee for him to apply for recall of the warrant. The lawyer initially postponed the petition date and finally absconded without answering my calls.The next court date is within 10 days. Can I attend the court and present myself in the court date with a surety from my brother.Can you help me with next steps on what is the best possible solution for this.P.S : The case is about money fraud done by A1. My name was put falsely to defame me.

Advocate S S S V Jagannadha Rao answered
on the adjournment day you have to attend with recall petition under section 70(2) of Cr. P. C. Moreover you can approach before the adjournment day also. But you must take legal assistance by an Advocate.

Q: Company not paying outstanding salary after my resignation. What to do

I was worked in a INfra company (Building construction) for 10 months I had received only two months salary due to losses in the construction . After that I had resigned and done my notice period , after completion of one month I mailed to them to clear the full and final payment but I didn't receive a positive response from them, please suggest what I have to do???

Advocate S S S V Jagannadha Rao answered
The employee is not responsible for the profits or losses of the company. In any condition the employer has to pay the salary to the employees. If the company failed to comply then immediately you have to file a case in the labour Court. Intially you have to file your case before ALO.