Anonymous
06 July 2010 at 20:24
Dear Sirs,
I have filed an O.P. against certain respondents. Out of these respondents I do not know the latest address of one. I know only his last address of residence, where he is not available anymore. What can I do other than filing a 'steps petition'. Can the process server paste it on the gate or door? kindly let me know. Thanks.
pratik
06 July 2010 at 17:44
Section 57. Facts of which Court must take judicial notice - The Court shall take judicial notice of the following facts;
1. All laws in force in the territory of India;
2. All public Acts passed or hereafter to be passed by Parliament of United Kingdom, and all local and personal Acts directed by Parliament of the United Kingdom to be judicially noticed;
3. Articles of War for the Indian Army, Navy of Air force;
4. The course of proceeding of parliament of the United Kingdom, of the Constituent Assembly of India, of Parliament and of the Legislature established under any law for the time being in force in Province or in the States;
5. The accession and the sign manual of the Sovereign for the time being of the United Kingdom of Great Britain and Ireland;
6. All seals of which English Courts take judicial notice; the seals of all the Courts in India and of all Courts out of India established by the authority of the Central Government or the Crown representative; the seals off Court of Admiralty and Maritime jurisdiction and of Notaries Public and all seals which any person is authorized to use by the Constitution or an Act of Parliament of the United Kingdom or an Act or Regulation having the force of law in India;
7. The accession to office, names, titles, functions and signatures of the persons filling for the time being any public office in any state, if the fact of their appointment to such office is notified in any official Gazette;
8. The existence, title and national flag of every State or Sovereign recognized by the Government of India;
9. The divisions of time, the geographical divisions of the world, and public festivals, facts and holidays notified in the Official Gazette;
10. The territories under the dominion of the Government of India;
11. The commencement, continuance and termination of hostilities between the Government of India and any other State or body of persons;
12. The names of the members and officers of the Court, and of their deputies and subordinate officers and assistants and also of all officers acting in execution of its process, and of all advocates, attorneys, proctors, vakils, pleaders and other persons authorized by law to appear or act before it;
13. The rule of the road on lad or at sea.
In all these cases, and also on all matters of public history, literature, science or art, the Court may report for its aid to appropriate books or documents of reference.
If the Court is called upon by any person to take judicial notice of any fact it may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so.
Query :
Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls
Tell me in detail detail detail detail detail detail detail detail detail detail what does this section tells about because i totally confused that why UK, Ireland & other countries names are mentioned pls elaborate if possible with the example(S)(S)(S).
Pls i have readed the act & not understood the section so it has been posted dont tell me to read it again.
it is a request to explain me the hole section meaning.
2) what do u mean by concurrent powers as per the consitution of india, 1949 with the example.
Thanks in advance.
Anonymous
06 July 2010 at 17:40
An application is made in district court under rule to 24 of CPC for bringing the two different suit where the defendents and plantiffs are almost the same . One suit is special regular civil suit and the other one is regular civil suit
Is it possible to bring the suits to one court ?Is it binding on court to order and club the suit in one court
What are the other remedies available? kindly let me know.
suhas digambar kharadkar
06 July 2010 at 17:32
What is Lis Pendese ? We have filed a suit in civil court claiaming our undivided share in the property . The suit is in process, status is given to some of the defendents Can we apply Lis Pendese ? How it is applied. if there are 20 sub registrar offces in the city is it necessary to apply to all the offices in city?. Since anyone can register sale/purchase in any of the office in the city . Is there any standard format for the same? What is stamp duty / fee required ? Kindly let me know urgently
pratik
06 July 2010 at 17:08
Section 74. Public documents - The following documents are Public documents-
(i) Documents forming the acts, or records of the acts
(a) Of the sovereign authority,
(ii) Of Official bodies and the Tribunals, and
(iii) Of public officers, legislative, judicial and executive, of any part of India or of the Commonwealth, or of a foreign country.
1. Public records kept in any State of private documents.
Query
WHat do u mean by sovereign authority,of the Commonwealth. If Possible with the help of example(S).
Thanks In Advance.
Anonymous
06 July 2010 at 16:08
Our Company had entered into a Registered Indenture Bond with a society.As per the Indenture Bond we had donated the said society our land and an amount of Rs. 1,50,000/- in the year 1959. Subject to the donation made by us, the said society agreed to keep various faciltiy/consideration in the College run by the said Society. But till today they have not complied with any of their duties and the various terms of the Indenture Bond. What shall we do now for the same.
pratik
06 July 2010 at 14:45
1)Can anybody tell me that Adminstrative Tribunal Act is applicable to which tribunal & which Tribunal are not Adminstrative Tribunal. How to recogonise that where it is a Adminstrative Tribunal & the Adminstrative Tribunal Act is applicable to that particular Adminstrative Tribunal or not. Any Apex Court Judgments or notes pls provided me.
2)Also Adminstrative Tribunal Act is applicable when if possible with the help of a example.
3)ITAT(Income Tax Appellate Tribunal) ,CLB(Company Law Board), NCLT(National Company Law Tribunal) are the Adminstrative Tribunal or not pls tell me if any Apex Court Judgments. Also ITAT(Income Tax Appellate Tribunal) ,CLB(Company Law Board), NCLT(National Company Law Tribunal) have they own rules than Adminstrative Tribunal Act is applicable to them or not any Apex Court Judgment.
Thanks In Advance.
harish kumar hegde
06 July 2010 at 13:18
which is the latest judgment rendered by hon'ble SC on Section 138 of negotiable instrument Act.
latest judgment on Section 9 of arbitration and concilitaion Act 1996.
latest judgment of national commission against professionals like Doctors,Advocates.
pratik
06 July 2010 at 12:21
can anybody tell me that Adminstrative Tribunal Act is apllicable to all the Tribunal(s) if no than why the particular above mentioned act is till in inforce also i have came to judgment under which it has mentioned that CPC & evidence act are not appliacble to the that Tribunals. So can we say that as per the judgment it is also not applicable to ALL THE Tribunals any APEX COURT JUDGMENT RERUIQERD WHICH SAYS THAT CPC & EVIDENCE ACT IS NOT APPLIACABLE TO ANY Tribunals.
IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT : SERVICE MATTER
Reserved on: 31/05/2007
Date of Decision:July 17, 2007
W.P.(C) No.10150/2005
DELHI TRANSPORT CORPORATION .....PETITIONER
Through: Ms. Arti Mahajan, Advocate
versus
SURINDER PAL .....RESPONDENT
Through: Mr.Ram Sewak, Advocate
Equivalent citations: I (1989) ACC 323, AIR 1989 J K 7
Bench: A Anand
Amar Kaur And Anr. vs Kulbir Singh And Ors. on 31/12/1987
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So can we come to the conculsion that CPC is not applicable to any Tribunal.
pls guide me more with the apex court case laws or any more info.
thanks in advance.
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suit for specific performance of agreement
in a suit for specific performance of agreement atemporary injuction has been granted.but defandent has sold the property before filing the suit but after the agreement.the application for impleading purchaser is pending.Now the purchaser is demolishing the construction over property.What relief we can get from court?