Advocate Viral Kansara

Questions Answered by Advocate Viral Kansara

Q: convicted in lower court and RE IN appeal in session

Matter is pending for order. If we get again covicted in session , can we straight appeal in high court?

Advocate Viral Kansara answered
Yes, but it depends on the circumstances. If the Sessions Court conducts the original trial and convicts you, an appeal can be filed directly before the High Court. However, if the Sessions Court confirms a conviction already passed by the Magistrate, a second appeal ordinarily does not lie; a revision before the High Court may be the appropriate remedy.

Q: in a cc case 319 crpc detailed answer required interested only answer

When Crl.M.P. of 2026 filed under Section 319 Cr.P.C. has remained pending for respondent-side arguments/enquiry since may 2026 and has been repeatedly adjourned at the request of the respondent side, while the main C.C. case of 2021 has itself been pending since the year 2021, whether the proceedings can be permitted to remain indefinitely pending by repeated adjournments, or filing 309 crpc in next hearing in the interest of expeditious disposal and in accordance with Section 309 Cr.P.C., to

Advocate Viral Kansara answered
I can assist you in filing an appropriate application before the concerned Court, seeking expeditious disposal of the pending Crl.M.P., opposing unnecessary adjournments, and requesting the Court to fix a definite schedule for arguments and thereafter decide the application in accordance with law.The application can be supported by the principles of Section 309 Cr.P.C. (or the corresponding provision under BNSS, as applicable) and relevant judgments of the Hon’ble Supreme Court and Gujarat High Court.

Q: Legal Advice Required Regarding Car Booking Delay and Misleading Commu

I booked a car by paying the booking amount, but the dealership is continuously changing delivery timelines and giving contradictory communication through emails and customer support. There is no clear confirmation regarding delivery despite taking payment from me.I would like to know:Whether this amounts to deficiency in service or unfair trade practice under Indian consumer law.Whether I can send a legal notice to the dealer/company.

Advocate Viral Kansara answered
1. Deficiency in ServiceOnce the dealer accepts your booking amount, a service obligation arises—this includes transparent communication, reasonable adherence to timelines, and fair dealing. Continuous delay without clarity and contradictory responses is a classic case of deficiency. Courts have consistently held that even pre-delivery conduct (like booking and allotment) falls within service.2. Unfair Trade PracticeIf at the time of booking they:represented an earlier delivery timeline, orinduced you to pay without disclosing actual waiting periods,then it may amount to misleading representation—hence an unfair trade practice.We can send legal notice to them: if you want I can draft it for you...