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The reply is filed by the respondent in the writ petition but the name of the petitioner is being shown in the filed by column whereas the reply is filed by the respondent counsel what does it mean?


A. Dear Sir,
It is a clerical error you need not take it as serious error. On the date of hearing you may bring to the notice of Hon’ble Court above such error then Court may direct him to file amended reply.

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Tanmoy  Chattopadhyay

Tanmoy Chattopadhyay

Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Reply positive for plaintiff

If all the claims of the plaintiff in a writ petition are accepted by the defendant, how long will the next hearing and case settlement?


A. Dear Sir,
Normally no next date will be given by the High Court. Your advocate has to advance the case and submit before the Court that all the claims of Plaintiff/Petitioner of Writ Petition are accepted as such WP may be allowed.


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Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

Rajinder Pal  Singh

Rajinder Pal Singh

Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon WHICH HIGH COURT ORDER SHOULD ONE FOLLOW REGARDING COVID-19 VACCINATION ?

WHICH HIGH COURT ORDER SHOULD ONE FOLLOW REGARDING COVID-19 VACCINATION ? As the daily cases of Covid-19 positive (second wave) is still high in Nagaland, at the moment, most are hesitant to get vacci


A. Dear Sir,
You have to follow the directions of the High Court under which jurisdiction your questioned city is situated. It is called territorial jurisdiction. Background of the case is not known fully. You may approach local lawyer for more clarifications.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Vaidehi  Samant

Vaidehi Samant

icon what does mean power in law?

what does mean power in law?


A. Dear Sir/ Madam,
The right, ability, or authority to perform an act. An ability to generate a change in a particular legal relationship by doing or not doing a certain act.
The phrase however could be interpreted in various ways for better understanding could you please provide us with any specific context.
If you find this response useful then please rate me.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal


A. Dear Sir,

You may have to approach to the civil court by filing an application for compensation for the required land along with the relevant documents. The land acquiring authority shall award an amount which shall be calculated at the rate of 12% per annum on the market value for the period commencing from the date of notification

Thanks & Regards,

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Application for respondent

If the respondent is not responding to the notice in any case, then at our level, can we post him by attaching the application along with the interim order of the court and the information of the case


A. Dear Sir,
You may go through the following alternatives for substitute service.

CIVIL PROCEDURE CODE
ORDER 5 RULE 17: Procedure when defendant refuses to accept service, or cannot be found— Where the defendant or his agent or such other person as aforesaid refuses to sign the acknowledgement, or where the serving officer, after using all due and reasonable diligence, cannot find the defendant, [127][who is absent from his residence at the time when service is sought to be effected on him at ...ReadMore

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Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Respondent not filing counter in Writ Petition?

Dear Sir, We have filed a writ petition before the High Court in 2016 and sent a notice to the respondent. Our lawyer says that the respondent not filing a counter/affidavit since the petition filed a


A. Dear Sir,
It is too much. You may move application before the same Court for earlier disposal or you may file another application before Hon’ble Chief Justice of the High Court bringing notice of pending Writ Petition since 2016.

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Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon When the reply from the defendant will be given to the court?

If the plaintiff wants to get some remedy from the defendant and the plaintiff has sent a notice to the defendant from the court, then the respondent will answer in the court after fulfilling the dema


A. This is theoretical question and there cannot be an absolute answer and it depends onto the defendant and also what demand/remedy has been asked. You should bring all your facts together when you are asking question rather than asking questions in bits ans pieces.
If you need proper answer from lawyers then put all the facts together and then ask the question.
If the remedy is critical the defendant will fulfill that first otherwise not.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Sidhaarth  S

Sidhaarth S

icon Writ Petition -respondent is not appearing what can be done

If in a writ petition, a respondent is not responding to the notice of the court for 7 months, what should be done next so that the petitioner can get proper justice soon?


A. Hi,
An 'Ex parte decree' is a decree passed against a defendant in absentia. Despite service of summons, where on the date of hearing only plaintiff does and a defendant does not appear the Court may hear the suit ex parte and pass a decree against the defendant. You may file a suit before the court praying the execution of the same.
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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Vaidehi  Samant

Vaidehi Samant

Ankita  Jaiswal

Ankita Jaiswal

icon When to request for ex parte order?

Can we request for ex parte order or decree from the court if the respondent is not responding to the notice since 7 months?


A. The court itself will take cognizance of the fact that the respondent is not appearing and move on the pass the order ex parte nonetheless event the plaintiff/petitioner can request the court after a sufficient time has been given to the respondent to appear, to pass the order ex parte.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Sidhaarth  S

Sidhaarth S