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tearer99@gmail.com (tearer99@gmail.com)     09 May 2011

Few Legal Question in Court Proceedings

 



1)when is adjournement  given for a suit? how many times can a case be adjourned? in TANSI case jayalalitha gets ehr case adjourned very frequently

2)Also if a case is filed against a VIP(say minister or a MP) but the VIP never appears in court...can he be booked under contempt of court? even after summons of court?


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 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 May 2011

In a civil suit if he remained absent on the day fixed for his apperance, he will be placed as ex-parte.  But in criminal case warrant will be issued.

Maran9500028999 (Practising lawyer)     10 May 2011

Hai

 Q1.) When is adjournement  given for a suit? how many times can a case be adjourned?

Ans: It is discretion of court to decide adjournment, but in most cases, the adjourment can be given only for 3 times. In other cases, it may be adjourned as many times (ex.10 times),  if valid reason given/produced by the counsel on behalf of the client, adjournment can be given.

Q2. ) if a case is filed against a VIP(say minister or a MP) but the VIP never appears in court...can he be booked under contempt of court? even after summons of court.

Ans: According to CPC 1908 under sec 132 & 133. there are certain exemption given to women and other persons  from personal appearence.

I think i am clear

S. Manimaran

prabhakar singh (advocate)     29 May 2011

adjournements MORE OFFEN THAN NOT IS A SWEET WILL OF COURT.The ground should be sound and reasonable in view of the court and opposite party should be compensated by cost.Courts have been liberal in its grant but now not in view of growing number of pendencies.

prabhakar singh (advocate)     29 May 2011

adjournements MORE OFFEN THAN NOT IS A SWEET WILL OF COURT.The ground should be sound and reasonable in view of the court and opposite party should be compensated by cost.Courts have been liberal in its grant but now not in view of growing number of pendencies.

Renu Sharma (advocate)     13 January 2012

n in case of absence for giving ex parte decision also. 3 chances are given to party to  appear. even then if party does not appear only then ex parte decision is to be given.


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