What clause to be put that the respondent after signing MCD cannot deviate during 2nd motion.If he doesnt come to the court on the mentioned date,the court can pass decree as per the filed MCD suit.
Just begun (Student) 29 December 2011
What clause to be put that the respondent after signing MCD cannot deviate during 2nd motion.If he doesnt come to the court on the mentioned date,the court can pass decree as per the filed MCD suit.
Just begun (Student) 30 December 2011
Dear Experts,
Law has set its rules but rules can be turned down in anyones favour at any time.If there is a settlement done on MCD and the settlement can be tweaked in the same paper and the age long court process goes on and on and we the lawyer njoys as long as the people move around the court. Cant there be any clause that can stop the this process....
Kindly advice experts...
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 01 January 2012
NO clause would be legally valid.
Just begun (Student) 03 January 2012
Mr Shonee,
Can we understand from your statement that if clause is there its legally valid.If so,then can such clause listed below hold any value so that the MCD cannot be challenged and cannot be prolonged after 2nd motion.
"The MCD petition cannot be revert unless and until both the party agrees to withdraw.
"Hon judge can go ahead with decree on 2nd motion if any of the party fails to attend"
galsober@yahoo.co.in (def) 03 January 2012
If possible, coax the other party to agree that WHOLE AMMOUNT WILL BE GIVEN TO HER UPON PASSING OF 2ND MOTION. At least....ur money wil be saved if the greedy fellow withdraws!
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 18 January 2012
No.
Rather put penality clause for someone not coming for 2nd motion.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
rajiv_lodha (zz) 18 January 2012
In continuation, what kind of penalty other than financial u suggest?
I also do not think law will try to enforce any other kind of penalty (property/jail etc) if one party withdraws consent from MCD?
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 18 January 2012
Financial only, is not that deterrance enough?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
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