secretary
[ Scorecard : 81]
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Posted On 11 June 2012 at 09:02
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IN (265/2011) IE. BAN ON BLACK FILMS ON VEHICLE GLASSES - AN IA. FOR MODIFICATION OF JUDGEMENT HAS BEEN LISTED .... AS PER ARTICLE - 137 ONLY REVIEW IS POOSIBLE POST JUDGEMENT & THAT TOO BY THE SAME JUDGES IF THEY HAVE NOT RETIRED !! SO HOW AN IA. FOR MODIFICATION CAN BE LISTED FOR HEARING ?? IF IT BE SO THEN ALL JUDGEMENTS HAVE THE SCOPE OF BEING CHALLENGED THROUGH AN IA. RENDERING MOCKERY OF ARTICLE - 137 !! SIMILARLY THEN MOBILE USERS HAVE THE SCOPE OF FILING AN IA. IN THE MATTER OF CANCELLATION OF - 2G LICENCES & SIMILAR SCOPE EXISTS IN ALL MATTERS IN WHICH JUDGEMENT STANDS DELIVERED !!
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ADVISOR
[ Scorecard : 1291]
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Posted On 11 June 2012 at 19:48
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On 28.05.2012 -The court ordered to list during vacations
On 8.06.2012 It was listed for 11.06.2012
On 11.6.2012 It has been listed for 09.07.2012
Have you received notice?
If your STARS are favourable then the court may reject the IA
If your STARS are weak then you would have to fight further as nothing can be presumed as final in our system
It varies from person to person
judge to judge
Supreme court judgments are sometimes contradictory
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ADVISOR
[ Scorecard : 1291]
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Posted On 11 June 2012 at 19:56
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Filing IA or any other type of petition is different.One can file any petition but it depends on the judge/justice that when the due action is taken.The court may reject at the first hearing or it may provide opportunity for further hearing on the MERITS.
So be prepared to face the heat.
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ADVISOR
[ Scorecard : 1291]
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Posted On 15 June 2012 at 17:57
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In noida matter (clinics running in residential premises) the SC decided the matter in civil appeal no. 10535 of 2011 on 5.12.2011 but lateron IA no 4 of 2012,5 of 2012 and 6 of 2012 were filed and the SC delivered further order clarifying the ambiguity.By this order SC also disposed 3 other IA no 48,50,53 of 2012 which were filed in CA no 6962 of 2005.
So don't worry but be prepared.
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secretary
[ Scorecard : 81]
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Posted On 15 June 2012 at 19:28
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thank u bk. gupta sir !! the replies were badly needed. i was worried about the applicability of law in the process of filing ia.s post judgement.
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ADVISOR
[ Scorecard : 1291]
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Posted On 16 June 2012 at 12:14
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If you have received notice or receive notice then you should file reply else you make sure that you are there in the court on 9.7.12
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ADVISOR
[ Scorecard : 1291]
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Posted On 16 June 2012 at 12:29
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One more point, I would expect from you and you should without any further delay file application for certified copy/copies of IA filed in the matter (received by SC post judgment).Probably in 3-4 days you may get.So you would be familiar with the opponent's mind and also it would provide you the opportunity to concentrate over the
issue raised by the person who have filed the IA.
Do keep in mind to ask for all the papers in record after 27.04.2012(i.e. date of decision) alongwith copy of order sheet.This I am suggesting as there may be more than one IA as the case would affect many persons.
You can officially inspect the record in person too and it is possible the same day-for that you can get application for inspection of records(printed proforma) available with stamp vendors typists in the court itself.
The application for copies or for inspection should be submitted before 12 noon on normal working days and before 9.30 AM where the court are of Morning session in summers.
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ADVISOR
[ Scorecard : 1291]
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Posted On 19 June 2012 at 12:22
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Mr AVISHIK,
I would like to bring to your notice a case(Writ Petition Civil 202 of 1995).
It has 17 judgments to its credit and still going strong _ the next date is 2.7.2012.
The actual credit goes to hundreds of IA s filed in the case.
Keep your spirits up!
Good Luck
Inform me about steps taken by you regarding inspection of records or copies of IA.
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secretary
[ Scorecard : 81]
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Posted On 19 June 2012 at 15:34
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sir am stuck up on a different priority till end of the month & only from 3rd will be able to concentrate on all the credible & valued inputs extended at your end.
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ADVISOR
[ Scorecard : 1291]
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Posted On 09 July 2012 at 13:31
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the next date for listing is 11.07.2012
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