Advocate Sachin Pujari

Questions Answered by Advocate Sachin Pujari

Q: Procedure to transfer of divorce case to a different state.

I am from Bangalore and have a 7 yr old kid.My husband had filed Conjugal rights in Hyderabad.Judge passed the order to stay with him. Although i am staying in my matrimonial home which is in bangalore, my husband has now filed for Divorce in the same court in Hyderabad and I do not want to take a divorce.My question is can I transfer Divorce case to Bangalore from Hyderabad court? I have a child and its real difficult for me to go all the way to Hyderabad. Some say because conjugal rights case was settled in Hyderabad Court so I cannot apply for Transfer to Bangalore. Is it true? Can someone please clarify.

Advocate Sachin Pujari answered
We can file transfer petition in supreme court .to get it transferred of all the cases pending against you at hyderabad , to bangalore from hyderabad . Also first we will get stay of proceeding pending you at hyderabad .

Q: Cheque bounce

My case tranfered from Hyderabad to Nelloe, AP, Original cheque & promissory note Returned to me by court in hyd after taking photo stats. My lawyer Nellore says the originals should have been retained by Hyd.court and sent along with the transfered file. How far is the rule position correct?

Advocate Sachin Pujari answered
As per section 138 of NI Act when any cheque is returned back due to insufficient fund in such a case every person who is signatories to the cheque are liable and there are various number of cases decided by hon'ble Supreme Court on this same issue.Both will be held liable in this case

Q: Great grandfather's property go transferred without my knowledge.

Sir, We have a piece of agriculture land on our great grand father name 150 years back which is still on record with the patwari of that area. The said land was never been transferred by any legal means. But presently the said land was on some other person name. How it was transferred on their name was not known to us. As my grand father told me that none of our fore father had either transferred any part of that land to anyone. Is it possible after so long time that we can file some civil suit against the illegal occupants. thanks

Advocate Sachin Pujari answered
Yes in this case you can file a civil suit for declaration nd permanent injunction stating that this thing came into your knowledge recently and the concerned court having jurisdiction in that regard will consider it if submission from your end is made properly

Q: Clarification regarding appointment of arbitrator ?

does section 4 of arbitration and conciliation act. 1996 apply after the appointment of arbitrator or before

Advocate Sachin Pujari answered
Section 4 of the act basically refers to waiver of any right to object so once arbitrator are appointed and reasonable time has been passed then in such a case one cannot claim for section 4 unless there are reasonable ground in that regard

Q: Do I need a POA to file case in India, if I live abroad ?

I stay abroad and want to file a criminal case against someone in India for cheating done. Can i do it myself or should i give Power of Attorney to somebody.?? Pls guide me

Advocate Sachin Pujari answered
Yes you have assign the task to someone who can appear on your behalf if you are not able to appear . In your case since you are staying abroad then you can authorize to appear on your behalf and also your lawyer to plead for you .