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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Pallavi Pandey   16 August 2012 at 12:31

Civil procedure code

What is the difference between sections and orders of CPC? If there is a conflict between section and order which one will prevail?

Anand   16 August 2012 at 10:04

Refiling lawsuit

Complainants have filed a false civil suit against me regarding some assets that they defrauded but now in my possession. Even before the summons was served on me, they withdrew the complaint without liberty to refile the complaint. Then, they refiled the same complaint once again the very next day. Clearly, nothing changed in that one day gap. But, they have included lots of additional false allegations and made it a very complex lawsuit with the intention of harassing me and tying up that property in litigation. The suit is on the same subject matter and asks for the same relief.

I am praying for dismissal citing Order 23. Can I do this even I have not been served summons, and even if allegations are improved since the allegations all pertain to the time period before withdrawal was made voluntarily and no liberty to refile was sought?

Arvind Sehdev   16 August 2012 at 09:57

Agreement to make website b/w indian and foreign company

An agreement was done to make a website b/w a foreign company and an Indian Company.


now foreign company sues the Indian company for delay and non-completion of the website in the consumer court. The foreign client changes instructions now and then. Plus in IT industry we all know that people leave the company without any notice. So the company is also somewhere responsible for delay but not entirely. The reason for delay was explained and extra time was asked for. But by then the client got pissed off and started with the litigation and asking the money back.

What I would like to know is that does the Indian client have any law/judgment in his favor ?

What all points should be taken into consideration before we go ahead and draft any reply to the complaint filed by the foreign client in the consumer court ?

kasinath   16 August 2012 at 07:19

Rights of third parties to the suit

Sir,
I am kashinath, Advocate from warangal, sir can any body pls help me whether a third party (means including govt) who is not a party to the suit can claim rights, if no, can anybody pls provide me the related citations.

Thank you

K.Kashinath
Advocate,
Warangal, A.P.

M R JETHWANI   16 August 2012 at 01:37

Securitisation act 2002

Notice is issued by a Nationalized Bank under Section 13(2) of the Securitisation Act 2002 against M/s XYZ instead of M/s XYZ Pvt Ltd Company.
Is the notice valid and enforceable ?

Balasubramanian   15 August 2012 at 20:31

Decree in presence of misjoinders.

Consent terms were signed between the petitioner and defendant in a civil suit.defendants family members were also added intentionally towards the setttlement,who were not parties to the suit and their signatures were also obtained on the consent terms.The judge held the consent terms improper.Can't the Judge pass a decree ignoring other defendants as misjoinders?

Balasubramanian   15 August 2012 at 20:16

Decree in presence of misjoinders .

CONSENT TERMS WERE SIGNED BETWEEN THE PETITIONER AND THE DEFENDANT IN A SUIT.New defendants were also added purposely who were the family members of the defendant.they also signed on the consent terms.the judge held consent terms improper.no decree is passed because of this.Is the judge right holding consent terms improper?,could not he pass a decree ignoring other parties stating they are misjoinders?

preet   15 August 2012 at 19:54

Drat

Hello sir......
My case in drt court is running.... But bank,in between the proceedings want to auction my property... I file IA in drt but DRT (Chandigarh) reject my IA..... What i do Now? Shall i move to drat? Is DRAT direct to the drt, to stop the auction till the final decision of DRT? If yes how much DRAT (Delhi) fee i have to bear?

preet   15 August 2012 at 19:48

Drat

Hello sir......
My case in drt court is running.... But bank,in between the proceedings want to auction my property... I file IA in drt but DRT (Chandigarh) reject my IA..... What i do Now? Shall i move to drat? Is DRAT direct to the drt, to stop the auction till the final decision of DRT? If yes how much DRAT (Delhi) fee i have to bear?