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allurisivajiraju   27 September 2008 at 21:52

Jurisdiction

Respected Seniors,
In a civil case after obtaining decree the DHr attached the the amount which was pending in the hands of Garnishee which was belongs to the JDr.

After that the DHr filed a petition for sent for the attached amount to the Court. After receiving the Notices from the Court the Garnishee not sent the said amount to the Court. Eventhough there are 5 remainders sent the Court to the Garnishee to sent for the said amount to the Court.

Recently the DHr filed a Petition against Garnishee U/S 2 (b) of Contempt of Courts Act, before the Senior Civil Judge's Court since the matter was pending before the Senior Civil Judge's Court for willfull disobdience of the Order of the Court by the Garnishee.

But the said petition was returned with an aendorsement " this Court has no jurisdiction to try the Petitions under the provisions of the Contempt of Courts Act.

Now what is the remedy to the DHr. If any decisions for the jurisdiction of Senior Civil Judge to try the above said petition please refer the same.

Thanking You Sir.

advocate satya   27 September 2008 at 13:15

cost of adjournment

sir
if the opposite party asks an adjourment of the case to another date due to some cause what is the minimum cost the judge should impose as per the consumer protection act? is is minimum 500 as my knowledge is concerned as per the act?

advocate satya   26 September 2008 at 13:41

claim of theft

can insurance company deny the claim of theft of a vehicle in which CNG was fitted but not endorsed in RC of the vehicle? is any clause is there?

/

sanjay kumar patibandla   24 September 2008 at 22:23

M V Act compensation under third party claim.

The owner of the vehicle paid premium for insurance for third party also on 23.01.2008 at 3.30. P.M.
Insurance company issued a policy by mentioning the coverage starts from 00.00hrs(midnight 12 A.M) of 24.01.200812 A.M.

But the vehicle met with an accident on 23.01.2008 at about 08.00 P.M

Weather the Insurance company is liable to pay compensation to the third parties. If Yes kindly mention judgments.

Rasik Dagli   24 September 2008 at 12:15

Subsequent pleading under Order 8 Rule 9 of Civil Proc. Code

As per this provision of Order 8 Rule 9 of C.P.Code subsequent pleadings regarding Set-Off or Counter Claim can be filed without the leave of the Court.Other pleadings do require leave of the Court. I could not find any direct Judgement on this point either of Supreme Court or any recent High Court Judgement. If any Lawyer or Expert find any judgement directly on this point, reply may be posted on this column.Thanks.

sagar madan   24 September 2008 at 09:42

Notary in India

What are the requirements to become a notary in India?

Gopinath   23 September 2008 at 10:37

Construction Contract

This is regarding a dispute between the Owner and the Builder.
As per the agreement between the owner and the builder we should pay what was entered as sqt rate. But the builders agreement did not list about charging for Lift charges for the construction of property in the agreement no where or a disclousre. But now he says that is exculding the charges which we are suppose to pay irrespective of whether it is in agreement or not.
Please let me know what would be the final consequence if he is filling a case against us for not paying for the lifting charges which are not part of the agreement.
Thanks

vinod bansal   23 September 2008 at 08:10

suit for compensation

Sir
My friend was beaten badly by jail authority when he was in jail in a crl case ,Fir uss 323/325/506/34 ipc has been registered against jail official now my friend wants to file a suit for compensation on account of torture by jail personal...under which provision we can file this suit further is there any court fee i have to deposit in court for this suit.....can i file suit us 19 of cpc plz enlighten me....TRhanx
vinod Bansal

allurisivajiraju   23 September 2008 at 07:44

Amendments in Execution proceedings.

Respected Seniors,

In a civil case ofter obtaining Decree the DHr filed a petition to attach the amount of the JDr which was pending in the Savings Bank Account. The Court attached the said amount and conducted enquiry onthe said amount and after that passed an order in favour of the DHr.

Meanwhile the said Bank changed account numbers of all its customers due to computerisation and administration purpose.

After that the DHr filed a petition for sent for the attached amount from the Bank to Court. But the said Bank instead of sending amount to the Court gave a reply that the account number of the JDr was not tallied.

It is very clear by the earlier experts opinion that the there is no possible to change the account number by filing a petition U/O 6 R. 17 of C.P.C.

In the above circumstances what are the options available to the DHr for obtain the said attached amount. Please refer any citations in favour of the DHr.

Thanking You Sir.

allurisivajiraju   22 September 2008 at 07:54

Order 6, Rule 17 of C.P.C.

Dear Seniors :

Whether the Order 6 Rule 17 of C.P.C. is applicable in Execution side ( E.P. Proceedings ) or not. Please advise me, if yes please refer some decisions.