jimmy
26 April 2010 at 14:10
Sir/Madam,
There was a civil matter bet'n my pvt.ltd.company and one co-op bank in the state of maharashtra. The co-operative court had ruled out the order against us 'ex-parte', and based on that order, the bank started it's recovery/decree proceedings. But later we appealed for delay condonation at the civil appellete court and there also the order was passed against us without granting our delay condonation.We then approached the High court, but there also the order was passed asking us to pay 50% of loan amount in the HC to avail the stay. We later approached to the supreme court with SLP(CIVIL)under article 136 seeking an interim relief against the HC order, as we were not ready to deposit the 50% amount. The SC dismissed our petetion asking us to withdraw it and to seek an 'extention' at the HC only to deposit the said amount!
We in fact want to fight this case on merits and we have a fair chance of proving our points, provided we are simply granted a delay condonation and given a chance to prove our points!
We seek an expert advise on this issue about how to go ahead at this stage!
Amaresh
26 April 2010 at 13:06
hi.
My father bought one plot of around 11,000 sqft in 1960.we were out of town for around 35 yrs and when we came back we found that everyone has constructed the house around the plot nad there is no road available to reach the plot.we tried to negotiate with the neighbors but they are not agreeing to.Is there any law which will help us getting the road to the plot.
Anonymous
26 April 2010 at 10:20
once an affidavit is submitted to the court and the same has been taken only on record and no order passed based on the affidavit. can the same may be withdrawn or amended, if yes under what provisions.
kanti kumar
26 April 2010 at 02:25
Hi,
my query is that during the pendency of civil suit unregistered will were filled which were on the letterhead of the firm instead of the stamp paper by the defendents so the burden to prove that will relies on which side the plaintiff side or the defendent side and can a unregistered document can be taken without witness .
thank you..
Anonymous
25 April 2010 at 17:09
I AM THE PLAINTIFF,I HAVE FILED AN E.P.ON CIVIL MONEY SUTE AGAINST J.D. I HAVE PUT A PRAY TO ISSUE ARREST WARRENT ,AS THE J.D. WAS NOT AT ALL PAYING ANY MONEY. AFTER GETTING ARREST WARRENT, WE HAVE ARRESTED THE J.D. AND HE WAS PRODUCED BEFORE THE JUDGE.THEN,HIS ADVOCATE HAS SUBMITTED A MEMO, SAYING THAT HE WOULD PAY RS5000/= AND THAT WARRENT TO BE RAISED.MY SIDE COUNSEL HAS STRONGLY OPPOSED TO RECEIVE THE AMOUNT RS5000.WE WERE READY TO PAY BATHTHA FOR J.D.'S CIVIL IMPRISON MENT. BUT COURT HAS ORDERED HIM TO PAY THE AMOUNT RS5000 THROUGH CHALLAN AND TO FILL MUTHALIKA FORM AND TO APPEAR ON 30TH APRIL. SO WHAT WILL HAPPEN ON 30TH APRIL,IF I REFUSE TO ACCEPT THE AMOUNT THAT J.D IS GOING TO REPAY.
raj
25 April 2010 at 00:48
dear learned counsel!
I am a medical specialist working in an institute on salary basis.In the year 2008 I operated a poor patient for his eye ailment at free of cost under a govt sponsered programme.After surgery due to some dystrophy condition of the eye he didint get good vision.We took a second opinion by another expert and treated him accordingly.Later he was dischrged and explained to him about the visual out come.He didnt turned up for subseqent visits and he sent a legal notice demanding a huge amount towards copmpensation for his lost vision.Shall we held responsible?
Pankaj Mehta
25 April 2010 at 00:19
learned experts,
A injunction claiming civil suit was decided after framing of legal issues such as res-judicata, limitation and non complaince of procedure u/o 1 R 8 cpc, and without taking evidence of any party concerned, the suit was dismissed as the legal issues were decided in favor of defendant.
Now the appeal has been preferred by the plaintiff, challanging the judgement mainly on the ground that the trial court has made a manifest error by deciding the case upon legal issues without taking evidence of parties and the issues framed were not purely legal issues and relating with both fact and law.
I have searched a lot but i didnt find any landmark judgment on this topic specially on order 14 cpc
Please suggest me some citations and clarify on this subject--legal issues can be decided without taking evidence whether documentary or oral.
in this case admission-denail of documents by both the parties under order 12 cpc was made before passing the judgements
pratik
24 April 2010 at 22:55
In detail if possible with the examples
Doctrine of fixtures
doctrine of lis pendens
doctrine of quid pro quo
doctrine of consensus ad idem
pls experts give the abovementioned details.
P.ESAKKIMUTHU
24 April 2010 at 22:50
Chennai HC has held in (1988) 2 MLJ 398 (P. Annamalai vs The Collector Of Ramanathapuram And Ors.) on 25/2/1988 that acquisition of land for dalit is not discriminatory after the The Constitution (First Amendment) Act of 1951 introduced Sub-clause (4) of Article 15,.. The full judgement can be seen by clicking the link:indiankanoon.org/doc/353769/. Para 21,25 & 27 may be referred
Whether this ruling was overruled or not .What is the present position with regard to acquisition of lands for dalits .Is there any latest judgement by SC on this aspect of acquiring lands for dalit's purpose
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hindu law
in ancestral property of"A" his wife who resides seperate from "A' many years is she entitle to claim partation in that ancestral property of "A".I get one caselaw'MHLJ 2006(3)PAGENO416.I WANT SOME CASELAWS RELATED TO THE ABOVE SAME MATTER