1.my case is pending in Highcourt for long time . Can I file a new case in Supreme Court for a direction to HighCourt to dispose my case in Highcourt early? 2 My brother has been issued n.bw and process 82 crpc in fir . Cjm has taken cognizance under bailable offence. My brother is medically and mentally unfit and unsound . He does not wants to go to court as he does not know legal system and consequences.currently he is in mental hospital. How can one take bail on his behalf . Can someone else take bail on his behalf? What is the process ? 4. We reside in Ranchi district in Jharkhand state .but our disputed property is in other district in Jharkhand state . Can we file case in Ranchi civil court as we reside here it is convenient for us to contest case . But our property is in other district. ?? What is the process? 5. If civil suit is admitted.what it means . Admited order can be challenged in higher courts or not ?? 6. If civil suit is dismissed for default twice . And new application has been filled for restoration of civil suit . What is the chance it can be restored or not ??? What plea can be taken to dismiss restoration application. 7. In bailable offence if n.b.w & crpc 82 issued can anticipatory bail be filled ?? 8 . Can gift deed be challenged after lapse of 60 years in civil court . 9 . If other party has filled civil suit for cancellation of sale deed . And he is in forcible possession without valid paper . How to take possession? In same suit we have to contest or we can file a new suit for same .
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Yea you can seek directions from SC. Yes admitted order can be challenged in Higher court
no ABA in bailable offence
yes gift deed can be challenged but you should prove you were not having knowledge. The limitation is 3 yrs
you need to file eviction suit for same
Seek expedited hearing in HC only no need to approach SC
2) personal presence of accused is necessary in court to apply for bail .court would then cancel NBW
3) request court to cancel warrant issued enclosed brother medical certificate and that he is in mental hospital
4) suit has to be filed where property is situated
5) if case is admitted court would consider your contentions ,based on evidrnce and after hearing arguments court would pass orders
6) court may restore it on payment of costs
7) Gift deed cannot be challenged after 60 years claim is barred by limitation
8) you have to file suit for eviction against trespasser
If your case has been pending before the Jharkhand High Court for an unduly long period, the proper course is to first file an application for urgent hearing or early disposal before the same court. Only if no effective relief is granted and the delay is causing serious prejudice may you approach the Supreme Court of India seeking a direction for expeditious disposal, it is an exception, not a rule. As regards immovable property disputes, a suit concerning title, possession, cancellation of sale deed, or injunction must ordinarily be filed in the court within whose territorial jurisdiction the property is situated, as mandated by Section 16 of the Code of Civil Procedure, 1908. Therefore, even if you reside in Ranchi, you cannot institute the suit in Ranchi merely for convenience if the property is located in another district.
Where NBW and proceedings under Section 82 CrPC (now corresponding provisions under the Bharatiya Nagarik Suraksha Sanhita, 2023) have been issued against your brother, and he is suffering from serious mental illness and is admitted in a hospital, a close relative or advocate may move the trial court with his medical records seeking recall of the NBW, dropping of proclamation proceedings, exemption from personal appearance, and grant of bail. Since the offence is bailable, bail is a matter of right, and a family member may stand as surety, though the court may require formal representation through counsel or guardian. In such circumstances, the appropriate remedy is generally to seek regular bail and recall of coercive process rather than anticipatory bail, especially after proclamation proceedings have commenced.
When a civil suit is ‘admitted’ it simply means that the court has found that the plaint discloses a prima facie cause of action and has directed registration of the suit and issuance of summons. It does not amount to any adjudication on the merits. Such an order is ordinarily not interfered with by higher courts unless the plaint is barred by law, discloses no cause of action, or the court lacks jurisdiction. The defendant may challenge the maintainability by filing an application under Order VII Rule 11 CPC for rejection of the plaint if any of these grounds are made out.
If a suit has been dismissed for default twice and a fresh restoration application has been filed, restoration is still legally possible if the plaintiff establishes “sufficient cause” for repeated non-appearance. However, repeated defaults substantially reduce the chances of restoration. To oppose the application, the defendant may point out persistent negligence, lack of bona fides, unexplained delay, and abuse of process. The court will examine whether the plaintiff acted diligently and whether restoration would prejudice the defendant.
A gift deed can technically be challenged even after several decades if it is void ab initio, forged, or obtained by fraud discovered later and the challenge is within limitation after discovery of fraud, not otherwise. A challenge after 60 years faces formidable obstacles of limitation, delay, and laches, and courts are generally reluctant to disturb long-settled titles. If the opposite party has filed a suit for cancellation of your sale deed but is themselves in unauthorized possession, you should not merely defend that suit; you should also seek recovery of possession, either by filing a counterclaim in the same suit or by instituting a separate suit for declaration of title, possession, and mesne profits. A counterclaim is usually the more efficient remedy, as all issues can be adjudicated together.
