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Sathya Narayana   16 April 2012 at 17:09

Automatically granting of spls in government appels

IN ONE OF THE CASE IN KARNATAKA, THE HIGH COURT JUDGE SUTOMATICALLY GRANTED SPL petition of the STATE GOVERNMENT IN A CRIMINAL CASE4 IN THE YER 2008 AND NOW THAT THE Hon.SUPREME COURT HAS HELD THT ALL ARE TO BE TREATED EQUALLY AND NO SPECIAL CONSIDERQTION BE SHOWN TO GOVERNMENT APPEALS.
UNDER THESE CIRCUMSTANCES CAN I SEEK RELIEF BEFORE THE SUPREME COURT OR FROM THE SME HIGH COURT SEEKING TO STRUCK DOWN THE SPOEDCIQL LEAVE PETITION GRANTED AND THE ULTIMATE ADMISSION OF APPEAL KINDLY ADVISE.

vinaykala   16 April 2012 at 16:43

When technically a trail commences

dear sir,

in the case of a suit for possession filed be me the defendant now wants to amend the written statement -- a delay of one and a half years.

no mateiral documents are added and no material information is sought to be added which has not been pleaded earlier.

i am informed that courts do disallow wuch amendments in ws if the trial has commenced.

in my case all evidences have been filed and i am to be crossexamined on april 18

kindly let know when the trail commences

is it after issues framed or is it after evidences filed

vinay kala

april 16,12

sunny bagla   16 April 2012 at 12:43

Suit for recovery

hello friends....
i had filled an counter claim along with the proper court fees but that counter claim was dismissed by the court.
now i going for an appeal against the rejection of the claim.

Do i have to again pay the court fees for filling the appeal...???

Please update me on urgent basis......

lrrameshadv   15 April 2012 at 22:37

Partition

Sir I am Vanaja, I am the adopted child to my parents. Now I am in 22 years. I got married and I begotten two children. When I was in one year age my parents taken me some where. When I was at 8 years age my parents got female children namely Sharanya now she is 17 years age and studying Intermediate. Now my father has died recently who worked as Govt. Attender.
Now my mother has not given any share of my fathers property. whether entitled 1/3rd share in my fathers property or not ? suggest me sir

pranab majumdar   15 April 2012 at 22:24

Legal notice

Respected experts,
one EMI of housing loan defaulted.ECS returned & within 15days legal notice
served.Is it justified legally without
prior information & giving a chance to
the individual for paying back?
Regards
pranab majumdar

lalit   15 April 2012 at 22:15

Sarat- wazib-ul-araj

Whether Deputy Commissioner pass order against/contrary to Sarat- Wazib-Ul-Araj ?

tdeli   15 April 2012 at 20:43

Limitation act and records to be maintained ...

Hello,

Under Indian Limitation Act one can make a demand to you regarding Rent or a Debt for 3 years.
A tenant kept all the records regarding Rent paid by cheques for which receipts were not issued to him for 3 preceding years and gave details of the payments regarding to the court .He had paid Advance Rent much more then the rent he had to pay in those preceding 3 years and all the payments were through cheques. When asked by the Defendant during cross about details prior to last 3 years he said he does not have them as dint need to keep details before 3 years as they were out of the preview of the Indian Limitation Act and no notice of default was ever issued to him.

The defendant confirmed to the receipt of extra amount received but said that the Extra Amount paid to him has been adjusted for previous defaults but he has never issued notice for the defaults ever.
Whose version will the court believe to.

Thanks...

YOGESH BHATIA   15 April 2012 at 20:12

U/s 138

sir
i am a resident of delhi and involved in the business of dry fruits. i took personal loan from kotak mahindra bank ltd situated at delhi and pdc were issued from my cc account in indian overseas bank, defence colony, delhi branch. now due to financial loss incurred the cheques got bounced. but the bank filed a case in kanpur court u/s 138 for which nbw was also issued. i was arrested by the prashant vihar p.s. and produced before the judge in rohini court and was granted bail till my appearance in kanpur court on 23-4-12.now i want to know whether the case can be contiued in kanpur as all the acts were performed by me in delhi but the bank just to harass me has produced the cheque in their kanpur branch. does kanpur court has the jurisdiction to carry on further with the case.
yogesh bhatia

pawan kumar   15 April 2012 at 19:22

Court procedure

exparte evidence is made by way of filing attested affidavits of plaintiff. defence of defendent is already struckof. can defendent cross the plaintiff evidence

G.Padmanabhan   15 April 2012 at 18:51

Execution proceedings

In a money recovery suit, there are 5 JDs. One execution proceedings (say A) initiated against three of them for attachment of salary was ordered. Second execution petition (say B)against two other JDs for attachment of immovable properties was closed. a fresh execution petition has again been filed against 2jds for attachment of salary. One of the JDs in the present petition was also covered in the first mentioned EP (i.e. 'A'), and the other JD was covered in the EP (B). Now is this present EP maintainable? If not, would our experts explain?