Advocate Vivek

Questions Answered by Advocate Vivek (25+ answers)

Q: Got a message from VK Courts and I am worried

Hello, Today i received a message from VK Courts stating: Get information about your Court case anytime, anywhere using 2 easy ways. 1. Download eCourts Services Mobile App 2. Visit eCourts portal www.ecourts.gov.in Does it mean a case has been filed against me? Or just a promotional message. Please help as I am worried.

Advocate Vivek answered
It might be : 1. Just an advertisement ( which normally courts won’t do)2. It might be someone has given wrong number while filing a case (where you are not involved in any way) 3. Case may be registered against you (which you need to analyse and cross check) use the same link given in message and type your details and you should be able to get any information.

Q: By when can i file a petition of stay order to stop interim order

An interim maintenance is ordered, if i want to put a stay order within how many months should i file a petition...is there a time limit from order date to put stay order?

Advocate Vivek answered
It should be done within 90 days of the order. Appeal would be before the high court if its passed by Bangalore city family court or before the principal civil judge Bangalore rural if passed by Bangalore rural family court.

Q: tenant not vacting premises though our suite was decreed

Hello sir our case is decreed in lower court city civil court what to do next to stop her from getting stay order . what is the next level court it is cheif judge court or we can apply in high court

Advocate Vivek answered
First of all you need to file a caveat to avoid the tenant from getting any stay order without your knowledge. Then you need to file for Execution and seek court / police protection to vacate the tenant from the property. The next appeal would be before the High Court if the decree is passed by Bangalore City Civil Court.

Q: Closing of Partnership deed in case of court case

If any cheque case in court before closing partnership deed then will it affect the partner after coming out of the deed,?

Advocate Vivek answered
Yes partners are personally liable in a partnership firm. Any order of the court made during your appointment as a partner or if the cheque bears your signature then you would be held liable. If you have not signed the cheque then the person who has signed the cheque becomes liable. However, this depends of the partnership firm is made a party / accused along with partners.

Q: OS Case Notice whether to receive it or not

There is a dispute on money transactions between builder and some X person. The X person has filed a case again builder and included 50% of the flat owners names in the case. Should the owner receive the notice? a person from court is coming to apartment to give notice in hand. What will happen if don't receive it or what should be done?

Advocate Vivek answered
It is advisable to receive the notice and formally appear before the court. The fact which needs to be confirmed is whether you are direct party to the case and if X person has any claim against you or your share of property. If you or your property is directly involved then it’s advisable to receive the notice and appear before the court. Failing which judgement will be passed in your absence and if it’s against you then you need to challenge the entire case from beginning which involves lot of time, energy and money. Always better to be safe than sorry in court cases.