Anonymous
08 November 2011 at 00:45
if decree or order is set aside or modified by suit.I M CONFUSED IN DECREE OR ORDER SET ASIDE OR MODIFIED BY SUIT.how can such eventuality occur that a suit is already instituted and decree is passed and again that decree is set aside by bringing another suit.i heard court can set aside expartee decree but not such kind of decree by bringing another suit.pls explain me
Anonymous
07 November 2011 at 23:07
my doubt is regarding mutations and registration.if registration of property is done in name of another person for consideration can vender refuse mutution.what is value of mutation.what r rules for mutation.advise pls
Anonymous
07 November 2011 at 21:29
I am head of an office of a regional state govt. office.I am a heart patient and of 58 years age.
One of my office junior Lady clerk aged 47 years was not working properly then I recommended for her transfer to other place.Govt. transferred her.After that she complained to Govt. and police against me and other staff member alleging for sexual harassment,inquiries were conducted by state govt. and police as well and her complaint were found false . Then she filed a case against me in the High Court alleging me for personal advance. While this case was pending she filed another case in the High Court alleging State Police for not filing FIR against me.In this writ petition she did not disclose about inquiries and the earlier case which she filed regarding allegation of malafide ,case of transfer .Then Hon'ble High Court upon hearing of second case dismissed the petition with remark of unclean hand and imposed Rs. 2000 cost on petitioner and on next hearing the court dismissed the earlier petition as well with the finding that the allegations were false .
Now the petitioner has filed writ appeal and want to take revenge from me and the hearing of appeal may come on 10/11/2011 .Please tell me what should I do . May I file a defamation case against her .Please answer as early as possible because I am in fact harassed by her like any thing.
Anonymous
07 November 2011 at 21:24
I am head of an office of a regional state govt. office.I am a heart patient and of 58 years age.
One of my office junior Lady clerk aged 47 years was not working properly then I recommended for her transfer to other place.Govt. transferred her.After that she complained to Govt. and police against me and other staff member alleging for sexual harassment,inquiries were conducted by state govt. and police as well and her complaint were found false . Then she filed a case against me in the High Court alleging me for personal advance. While this case was pending she filed another case in the High Court alleging State Police for not filing FIR against me.In this writ petition she did not disclose about inquiries and the earlier case which she filed regarding allegation of malafide ,case of transfer .Then Hon'ble High Court upon hearing of second case dismissed the petition with remark of unclean hand and imposed Rs. 2000 cost on petitioner and on next hearing the court dismissed the earlier petition as well with the finding that the allegations were false .
Now the petitioner has filed writ appeal and want to take revenge from me and the hearing of appeal may come on 10/11/2011 .Please tell me what should I do . May I file a defamation case against her .Please answer as early as possible because I am in fact harassed by her like any thing.
Anonymous
07 November 2011 at 20:29
Ex parte order was obtained by A against B. The said oder was set aside by filing Misc Appl in the same court under order IX rule 13. In fact, despite several adjournments were taken by A on medical ground to harass B a resident of another state, A did not step in the box for Cross Examination & relied upon Affidavit. On the other hand, despite B is resident of another state he was present in the court on each & every date of hearing. A preferred another Misc Appl u/s 151 of CPC in the same court for recalling & set aside the order on the ground that no opportunity was given to A as A has not been examined in the said case. The said Misc Appl was dismissed without any objection has been filed by B on the ground that trial court has considered the case of B while setting aside ex parte decree and hence, no necessity to consider the fresh Misc Appl of A.
Now, Civil revision petition has been filed u/s 115 of CPC in the High Court - Prayer - REVISION PETITION MAY BE ALLOWED BY CALLING FOR RECORD AND SETTING ASIDE THE OREDR (LATER) PASSED BY THE COURT.
U/S 151 OF CPC - THE ABOVENAMED PETITIONER A BEGS TO STATE AS FOLLOWS -
FOR THE REASONS SWORN TO IN THE ACCOMPANYING AFFIDAVIT, THE PETITIONER PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO STAY ALL FURTHER PROCEEDINGS IN PURSUANCE OF THE ORDER PASSED ( i.e. setting aside ex parte decree), PENDING FINAL DISPOSAL OF THE ABOVE REVISION PETITION.
Ex parte decree was set aside in 2009. Fresh Misc Appl was filed by A IN 2009 which is decided in July 2011 & Civil Revision Petition is filed in Sept 2011.
I feel that
1. that present Revision Pettion against order of 2009 is barred by limitation.
2. that u/s 115 of CPC the High Court cannot interfere with the concurrent orders.
3. that the original suit is pending in the trial court, hence, Revision is not maintainable
I seek opinion & guadance of learned counsels on the subject matter. Thanks in advance.
Chetan Pardakhe
07 November 2011 at 19:03
That the widow claiming the share of her husband to the daughter-in-law of her husbands brother in the ancestral property, but did not make all the legal heirs as party in that suit
Whether the suit is tenable ?
Whether all legal heirs are necessary parties ?
Pls guide alongwith relevant provisions
C.B.Sharma
07 November 2011 at 18:57
I will like to know whether the Consignment note issued by a carrier to the consignor at the time of booking as a negotiable instrument having value equal to the declared value of the consignment.
Further is the transporter justified in delivering the consignment to the consignee without submission of the consignee copy without any reference to the consigner
vigneshwar
07 November 2011 at 18:29
hello experts i want to know some details about injunction.
1.What is injunction?
2.How to file a permanent injunction?
3.i dont have any rent agreement with my landlord so how to avail a suit for injunction?
4.How much it costs?
5.Is there any possibility that court calls me for hearing?
thank you
taylor
07 November 2011 at 17:46
XXIII - WITHDRAWAL AND ADJUSTMENT OF SUITS
1. Withdrawal of suit or abandonment of part of claim?
At any time after the institution of a suit, the plaintiff may as against all or any of the defendants abandon his suit or abandon a part of his claim:
Provided that where the plaintiff is a minor or other person to whom the provisions contained in rules 1 to 14 of Order XXXII extend, neither the suit nor any part of the claim shall be abandoned without the leave of the Court.
An application for leave under the proviso to sub-rule (1) shall be accompanied by an affidavit of the next friend and also, if the minor or such other person is represented by a pleader, by a certificate of the pleader to the effect that the abandonment proposed is, in his opinion, for the benefit of the minor or such other persons.
Where the Court is satisfied?
that a suit must fail by reason of some formal defect, or
that there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject-matter of a suit or part of a claim, it may, on such terms as it thinks fit, grant the plaintiff permission to withdraw from such suit or such part of the claim with liberty to institute a fresh suit in respect of the subject- matter of such suit or such part of the claim.
Where the plaintiff?
abandons any suit or part of claim under sub-rule (1), or
withdraws from a suit or part of a claim without the permission referred to in sub-rule (3), he shall be liable for such costs as the Court may award and shall be preclude from instituting any fresh suit in respect of such subject-matter or such part of the claim.
Nothing in this rule shall be deemed to authorise the Court to permit one of several plaintiffs to abandon a suit or part of a claim under sub-rule (1), or to withdraw, under sub-rule (3), any suit or part of a claim, without the consent of the other plaintiffs.
1A. When transposition of defendants as plaintiffs may be permitted? Where a suit is withdrawn or abandoned by a plaintiff under rule 1, and a defendant applies to be transposed as a plaintiff under rule 10 of Order I the Court shall, in considering such application, have due regard to the question whether the applicant has a substantial question to be decided as against any of the other defendants.
PLS EXPLAIN ME WHAT IS MEANT BY DEFECT OF FORMAL CHARACTER AND SUFFICIENT CAUSE SOTHAT PERMISSION FOR FRESH SUIT MAY BE GRNTD.
AS GIVEN IN RR IA I WANT TO KNOW WHAT IS THE ROLE OF PROFORMA DEFENDENT.
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Some concepts
interim order and interlocutory order.
revision lies in both cases or only in interlocutory orders.pls explain how interim order differ fro interlocutory order.