Akbar Khan
01 April 2012 at 19:57
Married in 2007 both Muslim, In Nov. 2009 I divorced her through a Talaqnama, dispatched through post to the available address of the lady, which she refused to accept, later in Oct 2010 the lady filled a case of restitution of Conjugal right in Court, were she prayed for 1) “A decree of Conjugal right, directing defendant to restore the matrimonial relationship as legally wedded husband of Plaintiff” 2) “ A decree of permanent prohibitory injuction, restraining the defendant from contracting second marriage” . The Hon’ble court passed the order as “ the non-applicant is restrained till next date of hearing from solemnizing another marriage.” “Issue notice to non-applicant for his appearances & filling of objections to this application”. I have filed my objections & in none of the hearing any discussion about Status Quo was discussed.
I solemnized another married, now the lady has applied for the Contempt of Court, I submitted my objection as:
1) Suit of Plaintiff is not maintainable u/s 16 & 20 CPC as this Court lacks Jurisdiction, as Respondent resides in another District & carries his personal gain in the same district. In view of Section 16 & 20 of CPC this court lacks jurisdiction to try the suit & in order passed by this court is without Jurisdiction so application merits dismissal.
My query is what the credibility of this Contempt,
That ‘Status quo’ is not defined in CPC but in my case the plaintiff had filed the proceeding u/o 39 R. 2-A whether it is correct ?
My client simply let out the suit premises (Shop) on rent after the status quo is granted whether it amounts to breach of injunction order or alienation of property because my client did not transfer the title ?
Mere transfer of possessory rights for a specific period amounts an alienation ?
anurag kaushik
01 April 2012 at 15:39
A ew days ago I hasd asked the following query?
How does one buy a car parking alongwith flat and what is the document required(Mumbai):
1) will allotment letter from builder be binding on society?
2) Can builder take refundable deposit(not sale) and allot a car park/
3) will 2 be binding on society?
4) shall it be aprt of registered sale deed?
Now I came acrossET(wealth) dt march 26 ewherein one lawyer Mr. Ravi Goenka , Mumbai High Court opined that " builder can allot the car park on the first come, first served basis without charging any money from him".
Is the opinion legally tenable, is society bound to accept such allotment.
x
01 April 2012 at 15:15
The case it at the stage of Defence Evidence. I have been told that the Defendant's evidence should contain as much of the suit as possible to avoid the judge ignoring the oral and/or written arguments when the suit comes for arguments.
What would you experts advise.
Thanks in advance.
Akbar Khan
01 April 2012 at 14:54
Respected Experts,
My ex-wife has filled cases for 498A & 406, maintenance for baby as she her self being empoly, SHRC, Women commission,RCR,Office all my seniors including Minister,
What other case she can file against me as She & his father is hell bent against me.
I was told by my friend they are planning more case against me.
As i am already fedup because of tough time in 498A 406,which is pending in court.Maintenance also disposed off.
Hello Members
I need the help in this regard, can the evidence that was taken in some other criminal case can be used in civil case for corroboration, as in my case I am from the side of respondents in Regular Second Appeal and both the courts below is in my favour and now the aggrieved appellants filed the RSA before the Hon'ble Punjab and Haryana High Court and whole their arguments is based on this score only.
So my request to you is that please provide me some judgments specially of Supreme Court Of India in favour respondents and against the appellants, in which it is held by Hon'ble Courts that Evidence led before the Criminal Court cannot be used in Civil case at all.
Thanks
Munish Kumar Garg
Advocate
Punjab And Haryana High Court, CHD
under which bare act statutory provisions are made regarding pre emption laws?
thanks
RAHUL MAHAJAN
31 March 2012 at 21:47
R/Sirs,
A files a declaration suit against B regarding some property,summons were issued to B,B did not appeared on due date fixed,but B appears on the next hearing along with his counsel and came to know that case has been decided ex-parte against B but his counsel did not filed any application for setting aside the same ,now please tell is there any remedy remained for B ,as tomorrow is his next date after one month and his counsel could not appear due to his ill health.no ex-parte evidence has been lead by A.Now plz advice, What should B do?
sridhar
31 March 2012 at 21:13
sir
In myhome town Renigunta In Andhra pradesh the civic authorities are constructing the fly over bridge.How ever no one is against the this work . But some graves of Muslim graveyard are raged to ground by the construction company . Can any moves to court against the construction company in this matter
Party in person arguments
I have a case on appeal in money suit and arguments started and I was very disappointed with my lawyers performance as he was ill prepared. Arguments to cntinue in three weeks. Can I as party in person present arguments on next hearing and if yes what is the procedure? Thanks