Does an appeal amount to stay?
Does an appeal amount to stay?
Will the judge consider an appeal before higher court by the opposite party as a stay and refuse further hearing in his court?Any case law to prove appeal does not amount to stay...
2 years ago
A. Dear Client,
Once an appeal is filed, the petition must contain a request for an interim order staying all proceedings in the trial court, and this is the way it must be done, or the appeal will be rendered moot. And, during the appeal hearing, the first-instance advocate must orally beg for a stay, or the appellate court may fail to issue a stay order. If the appeal court does not issue a stay, the lower court will proceed with its proceedings.
Thank you!
Advocate Sinjari Bandyopadhyaya
Refund not received
I had received a substandard product (window frame) for which I had made full payment in advance. I received a smaller frame but accepted it on promise of subsidized cost. I have not received the prom
2 years ago
A. Hi, this is not a classic case of receiving the wrong product and then asking for exchange / refund, since you accepted the delivery of product expecting a refund for the subsidized amount (did the seller himself promise to refund the amount?). The validity of this transaction depends on the terms and conditions of the company you ordered it from (assuming it to be an e-commerce website) and also the specific seller's term and conditions. If according to them, this is a valid demand, approaching ...ReadMore
RIGHTS OF FLAT OWNER
Can a President of an unregistered Flat Owners' Association mutually formed just for smooth running of Association prevent any Flat Owner from Verbal Interaction, providing Guidance or from holding an
2 years ago
A. Hi,
No individual has the right to ostracise a person and isolate them this way. This treatment is arbitrary and discriminatory. You and the other flat owners can stand up against such discrimination. If such a discrimination against the guard is due to caste, then a complaint may be registered against him at your local police station. Furthermore, you are not bound by any such rules.
If you like my answer, then please rate it
Franchise fee fraud
we are small business proprietor and as mutual understanding to a company we have deposited Rs. 11000/- for registered fee and Rs 6000/- for initial kit deposit for franchise. but after 1 year go off
2 years ago
A. Hi,
Firstly, if there was a contract agreement signed between you and the company, the contract can be legally enforceable in court or you may sue the company for damages. However, if no such contract was signed in the first place, you can still fie a case against them for fraud.
If you like my answer then, please rate me
Refund of fees
i have done mu son's addmission in coaching institute,but discontinue after few weeks, as they were making JEE n NEET students sit together, but i mailed them i want refund because we have financial p
2 years ago
A. Hello Sir
You could contact the coaching whether you would receive refund or not. Also check the terms and conditions you agreed upon while taking admission. If there is mentioned regarding the refund then you could get the same.
Thanks
Please rate if you find this advice helpful.
Ayantika Mondal @ Prime Legal
RERA or Consumer Forum where to file the case
Builder started project in 2009, gave possession in 2015 but till date no OC. Project is not RERA registered (Applied for but did not submit documents). DTCP license gets renewed easily - no penalty f
2 years ago
A. Dear Sir,
First exhaust the remedy in RERA and if for any reason you cannot get relief then approach Consumer forum. To approach RERA there are some conditions to be satisfied like putting the proposed property on the RERA website etc.
Rate me Five Star*
Cheating online by Naaptol
Ordered N95 Masks, recceived substandard cloth maks. refused to return by Online Naptol . How to sue then
2 years ago
A. Naptol ko ek legal notice de. Or unko sabhi baat usme likhe ki aap ke dawara jo service ki gai hai vah glat ki gai jo saman aap se liya gya tha vah bhi glat diya hai. Agar aap vo satisfied nhi kar paate hai phir aap consumer forum me unke khilaf case file kare. Unko jababa dena hoga.
Pardeep Kumar Dhiman Dhiman
Stay order on my business
My transport is in a street,one resident got stay from court that my trucks could not enter in street it is difficult for loading goods i am working from there for 40 years
2 years ago
A. Dear Sir/ Madam,
You should contact a legal representative for effective remedy and in the process you can challenge the stay order considering you have been using the path for past 40 years.
If you find this useful please rate me.
Ayantika Mondal @ Prime Legal
Shopkeeper insulted and abuse a customer very badly.
I purchased agarbatti packet from a shop at 90rs.. on asking bill he refused..But at home I see MRP is 70 rs I go immediately to the shop and tell the shopkeeper..He insulted me very badly and abuse m
2 years ago
A. Dear Sir,
You may immediately lodge complaint with local police and also concerned department and next time send someone else to purchase same agarbatti packet and try to record the evidence on your hidden mobile.
Rate me Five Star*
Coaching institute not refunding the fees
My daughter joined a Coaching institute, who charged the full-year's fee, but advertised one-month's time to checkout the course material, with full-refund guaranteed on cancelling. She informed them
2 years ago
A. Dear Sir,
You may get issue a strong legal notice and claim not only such amount but also huge amount towards compensation as they put your daughter under mental trauma then you may approach Consumer Court.
Rate me Five Star*
