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What is the meaning of Caveat?

Page no : 2

P.C. Joshi (service)     12 February 2014

Dear Learned Friends,

Excellant sharing of knowledge on CAVEAT.

I have a question.

I have received a copy of the CAVEAT filed in the Mumbai High Court by a Company  addressed to me from their counsel which states "to give us at least 48 hours prior written notice of any application that you prpose to make.

 

Can anyone  please advise me whether the notice is bining on me and what action should I take on the notice if I decide to file an/application/suit against the Company.

 

Normally, once the CAVEAT is filed in  the court, the court has to give the notice of any proceeding to the opposite party.

 

Pls share your views.

 

Thanks,

 

P.C. Joshi

nandu kumar   24 August 2015

I am facing an issue regarding one open plot registration. I Purchased one open plot from X person 6 years back. Now I want to sell that plot But that X person is telling Objection and Unfortunately recently i came to know that he sold and registered the same plot to another Y person after we have purchased From him. All apart, I started the procedure to sell the PLOT. To be on safe side I Have submitted CAVEAT on that X person. But I received a CAVEAT From Both X and Y combinly.

and The registration for Y is valid or not??

What should i do now. Can I sell the plot ??? OR Should i need to wait ??

Please, Please Help me to overcome this situation?

Indirectly u r suppotting for Justice.

Thank You!

Advocate Raj (Lawyer)     24 November 2015

I agree with all, But i want to know any important cases regarding "Caveat"

Please Suggest...

Advocate RAJ

9885992991

Raghu Chennuri   15 December 2015

Originally posted by : Tribhuwan Pandey

Dear Sir/Madam,

I have recieved caveat notice from lawyer with out caveat application numer and there is no signature  of caveator and also there is no signature of advocate for caveator.

is this notice document is valid or invalid? And also let us know, in how many days, we have to respond to Caveator as there is no information about that.

 

S K KARNjhc (Legal Adviser)     15 December 2015

yes, literally meaning is "be aware" & already you have been sufficiently elaborated on this

Anukriti   26 February 2020

 

Hey

  • The meaning of the word 'Caveat'  is a warning to consider something before taking any more action or a statement that limits a more general statement.
  • Legally Caveat is as Latin for the phrase : Let him beware,  A warning; admonition. A formal notice or warning given by an interested party to a court, judge, or ministerial officer in opposition to certain acts within his or her power and jurisdiction.
  • Originally, a caveat was a document that could be served on either a judge or a public official to give him or her notice that he or she should discontinue a certain proceeding until an opposing party was given an opportunity to be heard.
  • Caveat petition is explained under Section 148A of Civil Procedure Code, 1908. Caveat petition is defined as the precautionary measure taken by an individual who holds a great fear or nervousness that some or the other case against him or her are going to be filed in the court of law related to any manner. 
  • Caveat petition can be filed by any individual claiming a right to appear before the court, where an application is anticipated to be made, where an application is already made, in a suit or the proceeding instituted, in a suit or proceeding which is going to be instituted.
  • The caveat petition should consist of the information such as-
  • 1)   Name of the court where the caveat is being filed

    2)   The suit or petition or appeal no. if existing

    3)   Name of the caveator

    4)   Brief details of suit or appeal likely to be filed

    5)   Names of possible appellants  or plaintiffs

    6)   Caveator address for service of the notice when it is filed

    Hope this helps

Akshay (Advocate)     30 March 2020

Hi

Thank you for your question

Q. What is the meaning of the word 'CAVEAT'?

Ans.  The word "Caveat" is a Latin word means "To Beware".

In Legal Parlance "Caveat" is used  for a document which you will file in a court anticipation of Litigation against you. In simple words, when you think any suit is going to file aginst you in a court and the person who is filing it in your absence misguided the court to prevent it you can file a Caveat in the court.

In which you request the court without being heard  not to pass any order and normally the courts grant it.

Hope this will help you

Best regards,

Akshay gupta

Palak Singh   31 March 2020

Caveat is a Latin term which means “let a person beware”. For example: Caveat Emptor which means "let the buyer beware"

In legal terminology it is a type of caution. It may be understood as a notice, especially in probate, that certain actions may not be taken without informing the person who gave the notice. It may simply be understood as a warning. Under the Civil Procedure Code, 1908, it comes under section 148A.

Section 148A talks about caveat petition. A caveat petition is a precautionary measure which is undertaken by people usually when they are having a very strong apprehension that some case is going to be filed in the Court regarding their interest in any manner.

The word 'Caveat' is not defined in the Code. However, in the case of Nirmal Chand v. Girindra Narayan, Court had defined the word Caveat, wherein it said, “A Caveat is a caution or warning given by a person to the Court not to take any action or grant relief to the other side without giving notice to the caveator and without affording opportunity of hearing him.”


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