cpc

two sureties & adjourment.

This query is : Resolved 
 


Querist : Anonymous (Querist)
15 August 2011

1) For taking adjournment who has to pay the cost of the adjournment? Court fees is required for adjournment? In a simple plain paper adjournment application can be filed or affidavit is required.

2) Arranging two sureties should not have been a difficult task as the professional sureties remain available in the court premises. What do u mean by [[as the professional sureties remain available in the court premises]]]

Thanks


prabhakar singh (Expert)
15 August 2011

1)The cost of the adjournment has to be paid by by person seeking the adjournment. court fees in up is Rs3/=.it is the court wish ,it accept a simple application or may call for an affidavit.
2)Those who often stand as surety for bailed out accused may be named as professional one readily available in court campus.

ashok kumar singhOnline (Expert)
15 August 2011


Sri Prabhakar Singh, has given appropriate advise, i agree with him, please follow his valuable advise.

ajay sethiOnline (Expert)
15 August 2011

wher are you located ? in bombay in case you desire to make application for adjournment in magistarte courts you just need to make application affix Rs 10/ stamp . the court if satisfied may grant adjournment without payment of costs


Querist : Anonymous (Querist)
15 August 2011

Thanks To All LD Members.

Yes I am situtated in Bombay.

Raj Kumar MakkadOnline (Expert)
15 August 2011

it is difficult to be agree with Ramachandran on point no. 1.

There is no fee payable for seking adjournment. This request can be made orally and generally no cost is paid for this purpose and if court imposes then on the party praying for it has to bear it.

Point no. 2 is correct.

R.RamachandranOnline (Expert)
15 August 2011

Dear Mr. Makkad,
I do not seem to have answered in this thread.
As such I am surprised why my name comes in the picture?

Ravikant Soni (Expert)
15 August 2011

The cost follows the result.
In civil matters governing law as to cost due to adjournments contemplated in order 17 of CPC.

In case of criminal criminal trial the law relating to adjournment and cost is described in sec. 309.

309. Power to postpone or adjourn proceedings.

(1) In every inquiry or trial the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnesses in attendance have been examined, unless the court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded.

(2) If the court after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody:

Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time:

Provided further that when witnesses are in attendance no adjournment or postponement shall be granted, without examining them, except for, special reasons to be recorded in writing:

1[Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him.]

Explanation-1.If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand.

Explanation 2.The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused.

M/s. Y-not legal services (Expert)
16 August 2011

Dear ramachandran sir, instead of stating as prabhakar sir's name makkad sir may be mentioned your name.

M/s. Y-not legal services (Expert)
16 August 2011

For adjournment before the learned judge we can pray as orally.. No need compulsory application. But if not allow to get adjourn mean we may file a petition for adjournment. For civil cases petition should be filed under order 17 rule 1. But in criminal cases no specific provision for adjournment.

M/s. Y-not legal services (Expert)
16 August 2011

This author from mumbai. Even for our friends's knowledge, in tamilnadu the court fee for adjournen petition is rupees 2. And affidavit not mandatory. Its may be dispensed with.

Raj Kumar MakkadOnline (Expert)
16 August 2011

Respected Ramchandran ji! Mistakenly your name was written instead of prabhakar singh ji. sorry for miunderstanding.



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