Associate R
04 December 2008 at 11:11
An Advocate filed his Vakalatnama and defended the Applicants in Workmen's Compensation matter and the matter got dispose off subsequently. Now the Applicants wants to withdraw the compensation amount deposited by the Employer and for that purpose they have appointed another Advocate. Now the Hon'ble Court has rasied a query that the Applicants need to be identified by earlier Advocate & take his NOC. As far as my knowledge is concerned, when the matter got disposed off, the role of earlier Advocate ceases. I will be obliged if any one provide me the relevant judgments related to the same and please guide in the matter.
Selvam Perumal
03 December 2008 at 15:17
Dear Sir,
In a civil suit for recovery of money, the plaintiff though filed case in time but he had paid a meagre amount towards court fees as such Plaint was returned for want of deficit court fees. Then Plaint was represented after a long gap of 6 months. In the meanwhile suit was barred by limitation. But the suit was numbered by arbitrarily condoned the inordinate delay of 6 months without hearing the defendants before codoning the inordinate delay. Sir, now my query is whether at present the suit can be dismissed as barred by limitation? Kindly answer for my query.
Amandeep Singh
02 December 2008 at 21:02
Pls answer it is urgentIf there is no stay provided to a challenged arbitration award which was already approved by the court, can that award be implemented with the help of court or police on the orders of court regarding property ??????????
vaishali
30 November 2008 at 20:14
hello, r\sir
my que. is that,can a court executing the decree go behind the decree? any citetion on that point.
thanks!
vaishali
30 November 2008 at 20:11
hello, r\sir
my que. is that,can a court executing the decree go behind the decree? any citetion on that point.
thanks!
vaishali
30 November 2008 at 20:03
hello,sir
i want to ask that, when can a court pass an order of attachment before judgment?
i gone through order38, rule5 but consept is not clera yet.is it a discretionary or mendetory?
thanks!
vaishali
30 November 2008 at 20:02
hello,sir
i want to ask that, when can a court pass an order of attachment before judgment?
i gone through order38, rule5 but consept is not clera yet.is it a discretionary or mendetory?
thanks!
Vikram Chandra
27 November 2008 at 20:38
Respected Sirs,
My Query is - Whether parties are necessary to be present on the day of compromise along with the counsels. Specifically, if the Plaintiff attends the court along with his counsel and reports before the court that he had no further issues with the defendant and the matter can be decreed as per Or.23 R.3. Further,can the counsel on behalf of defendant say that his client is not in a position to attend the court but he has no objection to carry on with the compromise. Whether the defendant should file any petition seeking his dispense of physical presence inview of his counsel's presence. Can the court decree the suit as per the wish of the counsels of plaintiff, defendant and the presence of Plaintiff.
KANDE VENKATESH GUPTA
27 November 2008 at 09:12
Whether "X" a Company incorporated under the Companies Act can appoint "Y" another Company Incorporated under the Companies Act represented by its Manging Director, as the General Power of Attorney, to institute and sign the pleadings in a suit againt "Z". I am appearing for the Defendant in the similarly situated circumstances. Please help me with the decided cases or your valuable opinions either on my mobile, post or e-mail so that I can draft the written statement. Now the matter stands posted to 5-12-2008 for W.S.
Thanks in advance,
Yours,
Venkatesh Gupta K.
Advocate,
H.No: 1-1-16/1/2/A
Jawaharnagar, RTC Cross Roads
HYDERABAD - 500 020
Ph.No: 27650240/9885808021
Mail: venkateshgupta_kande@yahoo.co.in
PH:
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Final Decree Proceedings..
A partition suit was decreed, My grandmother was 3rd plaintiff, she got 1/17th share in the suit.
while filing the petition for Final Decree Proceedings, they have mistakenly brought on record's LR's who are not entitle for share in 3rd plaintiffs share along with other LR's which we did not object at the time of filing.
We want to stike out this LR's who are not etitle for share, Our advocate says it cannot be done in Final decree proceedings as it is not in scope of Final decree proceedings to delete LR's as it is only to divide the share as per Decree ,first we need to get final decree excuted and then we can file a seperate suit to say these LR's are not entitle for share,
consulted with other advocates they say Final decree proceedings is nothing but continuation of orginal suit it is like Original suit ,hence these LR's can be removed in Final decree proceedings itself using Order 1 rule 10(2) CPC.
Question: Can these Lr's be removed in Final decree proceedinds itself ?
In muslim law birth right is not recognised(where Hindu law recognises birth right), hence question who are the LR's entitle for share in 3rd plaintiff 1/17th share will come up only after her death, Since her son had predeceased her,
Only 2 daughters of 3rd plaintiff are entitle for share not childrens of predeceased son... this is our Interlocutary Application pending in Final decree proceedings.