Civil Law queries [2459]

asifa butt 09 May 2010 at 18:00

interlocutory

what wud be the remedy against an order for setting aside ex parte?appeal,revision or writ?
as appeal does not lie against interlocutory order

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muthusamy 09 May 2010 at 15:04

A partition suit dismissed in the lower court. Parites appealed in the madurai bench of madras high court.

For more than 6 years the case is not listed.

Is there any leagal way to hasten the process.
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asifa butt 09 May 2010 at 14:48

intterlocutory order

is order passed on application of setting aside exparte an interlocutory order?

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vijay Goyal 09 May 2010 at 12:32

Fake DL

if DL fake in mact case.then what ramidies aviavle to insurance company if there any law point please suggest.

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Rahul Singh 09 May 2010 at 10:43

Suit for Declaration,Injunction without asking for Possessio

Whether in a suit for Declaration & Injunction asking for possession is mandatory,if not asked for possession then does it not follow.Then if possession not asked for whether the court can dismiss the suit only on the ground that possession is not claimed when other two grounds are proved?(refer to O.7 R.7 & S.34 Specific Rel.Act.)Give ruling also.

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Ajay Dand 09 May 2010 at 09:23

Co-operative Society Resolutions Validity

In our CHS, a Special GBM was called in Nov. 2008 for discussing the resignation tendered by the existing MC and to form a new MC in its place. During this SGM, other business was also discussed, and couple of other resolutions were also passed. One particular resolution was pertaining to charges to be levied on members for using part of the society premises for family functions. Majority of members have also approved the resolution. Now, as per the model bye-laws, no other matter can be discussed in a SGM other than the agenda spelt out. However, there has been no challenge to the resolution and member who have subsequently carried out family functions, have paid up the charges. But recently, when one member, who was asked to pay the charges for his function, refused to pay, saying this resolution is invalid. Hence my question to the learned expert is, while yes there is a technical error on part of the GBM to pass the resolution, does is violate the letter and spirit of the law? ALso, since majority of members have agreed to the resolution, can it not be considered a valid resolution? Thanking you in anticipation.

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Anonymous 09 May 2010 at 08:21

suit for recovery

Plaintiff has filed a suit for recovery of Rs. 10 lacs from the defendant for taking monvey for issuance of foreign exchange to the bank.

The said matter was last two years recently filed an application U/s 38 Rule 1 &2 and Order 39 Rule 5 for attachment of another property is it possible or not.

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