Advocate Vivek Raj M

Questions Answered by Advocate Vivek Raj M (25+ answers)

Q: Adjournment in a civil proceeding

Hi I would like to know in the process of adjudicating a civil proceeding how many adjournments is the defendant entitled after the plaintiff files Interlocutory application

Advocate Vivek Raj M answered
At the outset I wish to state that there is no hard and fast rule with regard to the number of times a matter can be adjourned. However, this aspect is covered under the CPC. It would be the discretion of the Judge. The reason why multiple adjournments are sought, etc.,

Q: Refund on my cancellation of ticket

I had canceled my ticket 6 months ago and booking.com has not refund me till now despite multiple calls and emails they just say the airline has not refunded.

Advocate Vivek Raj M answered
You can get a legal notice issued against them seeking recovery of money amongst other reliefs. You can initiate Civil proceedings for recovery of money or file a complaint before the District Consumer Redressal Commission holding them liable for deficiency in service and also calim damages or compensation.

Q: Bail cancellation during the progress of the trial period

Is there any chance the Bail been cancelled during the trial period...the bail is granted in High court of Bangalore in 2019 but the trial started in 2021 in sessions court.

Advocate Vivek Raj M answered
Yes, there is a provision under the law for cancellation of bail. If any of the conditions imposed while granting bail is jumped or violated then the P.P. or the Complainant can move an application before the concerned Court for cancellation of bail under CR. P.C.

Q: Amount Paid For A Friend But Not Returning Now

We had paid an amount for person . But he is not ready to return money now. We had cheques but he had mentioned dates. So now cheques has got expired.We had filed fir in police Station but there is no proper response. Can we file pcr directly in magistrate court?? I.O is saying we cant file pcr becuase fir is already filled. Please advice

Advocate Vivek Raj M answered
There is a time limit for filing or initiating NI cases (cheque bounce cases). The I.O. is right. So the other option available to you now would be to file a Civil suit for recovery of money. You have to bear some Court fees to file the same.