pratik
12 August 2010 at 20:20
153B. Place of trial to be deemed to be open Court.
1[153B. Place of trial to be deemed to be open Court
The place in which any Civil Court is held for the purpose of trying any suit shall be deemed to be an open Court, to which the public generally may have access so far as the same can conveniently contain them:
Provided that the presiding Judge may, if he thinks fit, order at any stage of any inquiry into or trial of any particular case, that the public generally or any particular person, shall not have access to, or be or remain in, the room or building used by Court.]
Query : What do u mean by Presiding Judge if possible with the help of a example(S).
pratik
12 August 2010 at 20:09
152. Amendment of judgments, decrees or orders.
Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.
114. Review.
Subject as aforesaid, any person considering himself aggrieved-
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred,
(b) by a decree or order from which no appeal is allowed by this Court, or
(c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.
Query : 1) WHat does section 114(d) says pls explain me in detail.
2) Also what is the difference between section 114 & 152 if possible with the help of a aexample(S). So if an mistake that a party has to rectify so he has to apply under the section 114 or 152.
Thanks In Advance.
pratik
12 August 2010 at 20:07
150. Transfer of business.
Save as otherwise provide, where the business of any Court is transferred to any other Court, the Court to which the business is so transferred shall have the same powers and shall perform the same duties as those respectively conferred and imposed by or under this Code upon the Court from which the business was so transferred.
141. Miscellaneous proceedings.
The procedure provided in this Code in regard to suit shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.
1[Explanation.-In this section, the expression "proceedings" includes proceedings under Order IX, but does not include any proceeding under Article 226 of the Constitution.]
Query : What does the above section says in detail & & what do u mean by Transfer of business & Miscellaneous proceedings in this CPC pls with the example(S).
Thanks In Advance.
pratik
12 August 2010 at 19:56
135. Exemption from arrest under civil process.
(1) No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from his Court.
(2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto, their pleader, mukhtars, revenue-agents and recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process other than process issued by such tribunal for contempt of Court while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal.
(3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under an order for immediate execution or where such judgment-debtor attends to show cause why he should not be committed to person in execution of a decree.
Query : 1) What does the judgment debtor means & the sub section 2 & 3 of the above mentioned section says in detail with the example pls.
2) As per sub section if the process is of contempt of court than the person mentioned under the sub section 2 can be arrested it means that or any other meaning appears pls correct me. Also defination of civil process as per the section 135 of the CPC.
3) Again pls explin me in detail what sub section 2 & 3 what's to convey in detail if possible with the help of a example(S).
Thanks In Advance.
Anonymous
12 August 2010 at 17:54
Respected Experts,
I have a Notarized Agreement of Sale which was executed in the year 1992.Since the property is under dispute with Urban Land Ceiling Authority, now the Government has cleared the said lands. Due to the said reason I could not get registration for all these days. Now the vendors are refused to do registration on my favour . So What I should do.
VIJAY K. TEOTIA
12 August 2010 at 16:44
The stamp paper of Rs 100/- purchased on 10.06.09 from delhi, agreement signed and executed on 15.07.10 at Ghaziabad to be effective from 01.04.10. the agreement related to general business transaction and not related to immoveable property. pl tell legal position.
In another case stamp paper dtd 10.05.10 signed agreement on 12.07.10 at Ghaziabad to be effective from 01.04.10. what legal position emerges.
both documents unregistered and notarised on current date.
venkatkrishna
12 August 2010 at 16:28
I would like to hear from you experts. I am having specific question on maintainability of the suit.
Brief facts:
Insurance Company filed a suit under subrogation of rights without filing the letter of subrogation. on 15/6/1999 the suit was filed. No leave of court sought for filing the said suit without Subrogatin letter. On 20/12/2001 Evidence took place and PW marked some originals. But the Letter of Subrogation was not marked. The back dated Letter of Subrogation i.e 14/6/1999 was filed with a memo on 8/8/2003 and recalled the PW and marked as exhibit.
Pl tell me the filing of the suit on 15/6/199 without letter of subrogation is maintainable ? subsequent filing of the same after 3 - 4 years will give any legal right and the maintainability of the suit is effective. ( it seems the Letter of subrogation was prepared with back date and to getrid of the defective suit.)
VIJAY K. TEOTIA
12 August 2010 at 14:27
a power of attorney is given by the company in favour of a person to do some activities during a particular period and subsequently company wants to withdraw the same and further to give to some other person. the GPA is unregistered but notarised. what is the way to revoke earlier power and to grant further to some other person?
nagarajupatro
12 August 2010 at 14:00
Dear ld. Seniors
A family - father,mother,2brothers and their wifes,sister, all r living seperately. one of the member i.e., younger son in the family wants to establish public charitable trust for social service and intended to name his mother as settlor and he wants to be the chairman. Mother can be SETTLOR? And that son can b the trustee /chairman of the said trust? next what about the settlor whether she can be the chairman? How a managing trustee or secretary will be appointed. whether it is essential to have a joint bank account before registering the trust or it can b done later the registration?
pls reply in detail
soon sir,
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provision under the CPC & CRPC.
There is no such provision under the CPC & CRPC to amend a criminal complaint & also a civil complaint. (Complaint defines a FIR in nature). So can any LD members say that which sections says that when a FIR is registrerd under the police station no one can amend or alter the FIR whether it is a civil complaint or criminal complaint in nature. OR any sections says that if the chargesheet if prepared than we can alter or amend the FIR or before it. & when the chargesheet if prepared & why what is the basic points of the chargesheet & how much it is imp in terms of indian evidence act. or who much it is useful to win a case. can a chargesheet can be alter or amend after the chargesheet is presented to the court or before it. Defination of chargesheet & its provisions.
Pls tell me the above mentioned.
Thanks In Adavnce.