malaisamy
16 August 2010 at 23:44
Respected Sirs,
I am a practising advocate in Tamil Nadu.
1. An original suit was filed by the mother of the deceased claiming 1/4 share against the wife and children of the deceased.
2. When the suit was posted for cross examination of PW 1 the Honourable Court passed an order setting aside the 1st defendant as the counsel for the defendants was not ready to cross examine the plaintiff even after sufficient oppertunities and the matter was poseted for appointment of Court Guardian on the next hearing since the defendants 2 and 3 are minors.
3. On the next hearing on 04.08.2010 I was appointed as Court Guardian for the welfare of the minor defendants 2 & 3. I have sent a registered letter to the 1st defendant on 09.08.2010 informing about my appointment and also calling upon her to come and meet me. She received the letter on 11.08.2010 but she failed to come and meet me.
4. On 16.08.2010 teh 1st defendant filed a petition under Order 9 Rule 7 to set aside the exparte order passed against her stating that she knew about the appointment of Court Guardian through her advocate few days before.
My Questions follows.
1. Whether the petition is maintainable?
2. The petitioner/1st defendant knew very well about my appointment on 04.08.2010 itself and at the same time she has concealed the regd letter sent by me.
3. Whether the Court can remove me using its descretionry power?
4. I wish to consuct the case for the welfare of the minors but they are not ready to co operate with me.
Guide me in this regard and please give me the citations regarding the matter
Anonymous
16 August 2010 at 22:55
just to give you a brief about the case. one of my friend's wife has filed and maintenance case in Civil as well as criminal as she ia an advocate by profession and my friend had received a divorce from her on 20 May 2010. can she still claim maintenance and my friend is an unemployed person. could please help me with the answer?
PALVINDER SINGH
16 August 2010 at 22:53
I have ancestral property in a village which include agricuture and residential . I have 6 kanal of land at one place which i have kept to make house . My neighboue has already constructed his ground floor house in his land adjacent to me with no door and window on my side. so till now there was a privacy for me if i was to hace a house . However last week he has costructed second floor and buid windows to my side whcih will effect my privacy and will also lead to unhygenic conditions in my area.He has not agreed to change his plan .
I am very much upset . Under what law i can stop him constructing the windows to my side and maintain my privacy ?
pratik
16 August 2010 at 22:07
61. Form of summons.
Every summons issued by a court under this Code shall be in writing, in duplicate, signed by the presiding officer of such court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the court.
Query : Becasuse as per crpc section 2 doesn't define presiding officer nor the Indian Penal code so what do u mean by presiding officer & there rights they have the advocate whats a adjourment & if the presiding officer signs than can we say it is valid.
Thanks In Advance.
pratik
16 August 2010 at 21:53
1) As the marriage was performed at church, you will be governed by Indian Divorce act.So which section says of the indian divorece act. also so can we say that if the the marriage is performed not in the church in any other place leaving church than indian divorce act is not applicable. So which section says.
2)I have heard yestarday for a police officer than if the FIR is registerd it remain vaild only for 6 moths for the date of the reistration. In any civil or criminal case including Cognizable offence & Non - Cognizable offence. SO pls clarify which section or case laws says also i have heard that if the offence is Cognizable offence in any civil case or criminal case than permission is not required to be taken for the police or the court to go out of india and if the anticipatory bail has been granted in Non - Cognizable offence than pls tell me if the party applies to the court than what is the maximum time the court can give to leave in abroad in any matter.As per which section or case laws.
3)prosecution has not done defence part properly in the case. So in this what is the meaning of prosecution where this word are also used under civil case.Becasuse i have heard that prosecution means behind the bars .
PLs tell me the answer .
Thanks In Advance.
M/s. Y-not legal services
16 August 2010 at 21:25
Good evening everybody. I read an article. A wife can file a specific performance suit against her husband from filing or getting divorce. Please leave your opinion on this..
pratik
16 August 2010 at 21:24
In a criminal case one prosecution witness got hostile. When there was my turn to cross examine,learned magistrate said, "if the witness turns hostile defence has no right to cross examine him, only prosecution has right". I wanted to draw out some more favourable points from this witness by cross examining him, but court objected and directed to show the provision.
In the above para please tell me the meaning which has been mentioned under the query. pls tell me the meaning .
Query : 1) I am confused becasue as per me i think prosecution means behind the bars but the abovementioned prosecution is something other pls explain me the term "prosecution " & there rights in civil in criminal cases in any court till supreme court.
2)witness turns hostile defence means what also the meaning of defence in civil & criminal cases & meaning of hostile witness , Unfavourable witness if possible with the help of a example.
PLS TELL ME THE MEANING & ANSWER OF THE QUERY.
Thanks In Advance.
Anonymous
16 August 2010 at 19:35
You are requested to explain following
1. what is procedural differnce while trying the civil suit by city Civil Court Bombay and High Court bombay?.
2. Is there any pecuniary jurisdiction between above two forums?
3. How suits are filed directly in Bombay High Court?.
4. What is chamber summons?
5. What is Notice of motion?
6. what is ordinary original civil jurisdction of Bombay High Court?
7. What is mean by rule issued, rule returnable forthwiht, rule dicharged, caveat dismissed?
8. What types of cases are filed under civil jurisdction of bomaby High Court.
9. Any other useful information which would help to understand the above in detail?
Vikas Aneja
16 August 2010 at 19:31
I entered into an agreement to sell with some person to purchase property but the vendor makes default and did not execute the sale deed in my favour. Meanwhile the value of the property reduced to much extent. But I filed suit for specific performance after 1 year. When the vendee came to know about the fact that value of the property has been reduced then they appeared in the court and make a statement that they are ready to execute the sale deed.Then I filed an application for amendment for claiming compensation on the basis of loss caused due to reduced value of the property. But the judge is also favouring the vendor and asked me to get the sale deed executed as I have filed suit for specific performance. What should I do. Whether the judge can compel me to got the sale deed executed at the price mentioned in agreement. How can I save myself from the loss. plz reply
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Court Guardian
Respected Sirs,
I am a practising advocate in Tamil Nadu.
1. An original suit was filed by the mother of the deceased claiming 1/4 share against the wife and children of the deceased.
2. When the suit was posted for cross examination of PW 1 the Honourable Court passed an order setting the 1st defendant aside as the counsel for the defendants was not ready to cross examine the plaintiff even after sufficient oppertunities and the matter was posted for appointment of Court Guardian on the next hearing since the defendants 2 and 3 are minors.
3. On the next hearing on 04.08.2010 I was appointed as Court Guardian for the welfare of the minor defendants 2 & 3. I have sent a registered letter to the 1st defendant on 09.08.2010 informing about my appointment and also calling upon her to come and meet me. She received the letter on 11.08.2010 but she failed to come and meet me.
4. On 16.08.2010 the 1st defendant filed a petition under Order 9 Rule 7 to set aside the exparte order passed against her stating that she knew about the appointment of Court Guardian through her advocate few days before.
My Questions follows.
1. Whether the petition is maintainable?
2. The petitioner/1st defendant knew very well about my appointment on 04.08.2010 itself and at the same time she has concealed the regd letter sent by me.
3. Whether the Court can remove me using its descretionry power?
4. I wish to conduct the case for the welfare of the minors but the 1st defendant and her father are not ready to co operate with me.
Guide me in this regard and please give me the citations regarding the matter