Civil Law queries [Resolved] [1837]

baswanth mohan paruchuri 15 September 2011 at 17:26

Affidavit

what is the importance of affidavit in civil practice, and what is the phrase ' to be filed by Affidavit'mean ?

Anonymous 15 September 2011 at 17:18

PLEASE CLARIFY IN EASY NON LEGAL LANGUAGE.

CPC Section 114Order XLVII Rule 1 reads as follows:

"REVIEW :

1. APPLICATION FOR REVIEW OF

JUDGMENT.

(1) Any person considering himself aggrieved - (a) by a decree or order from which an appeal is allowed, but from which, no appeal has been preferred,

(b) by a decree or order from which no appeal is allowed, or

(c) by a decision on a reference from a Court of Small Causes and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him may apply for a review of judgment to the court which passed the decree or made the order.

(2) A party who is not appealing from a decree or order may apply for a review or judgment notwithstanding the pendency of an appeal by some other party except where the ground of such appeal is common to the applicant and the appellant, or when, being respondent, he can present to the Appellate Court the case on which he applies for the review.

Explanation : The fact that the decision on question of law on which the judgment of the court is based has been reversed or modified by the subsequent decision of a superior court in any other case, shall not be a ground for the review of such judgment.

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Anonymous 15 September 2011 at 15:51

Share in a property

Hi All. There is a property which was 70 years old and the owner of the property had 3 childrens. The childrens also expired and the owner has 6 grand sons. Currently 3 grand sons are occupying the property who were the childrens of first son of the owner and the two were the sons of the second daughter and 1 is the daughter of the last son. Here, the taxes were paid by the 3 grand sons of the owner and they were occupying the property for more than 30 years. The original owner of the property allocated few resources to last two childrens and not for his first son. the 3 childrens who were occupying the property is the legal heirs of the first son of the original owner. Also, the house is not having any documents. Now the question is, who and all will have rights over the 70 years property?

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K. GOPALAKRISHNAN 15 September 2011 at 15:17

Letters of administration - reg.

Dear all,

I have a question?. Will the Letters of Administration / Probate obtained by a Malayasian nationale in Malaysian courts pertaining to the properties situated in the India is legally enforciable in India. and whether the properties are able to sell by them. Please is it is very urgent.

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Ravi 15 September 2011 at 15:03

Dues of installment

Dear Sir, my mom have 2 wheeler lone from bajaj finance. but last 4 month my mom cant paid emi for some financialy problem. and today my mom got notice from Advocate. sir please suggest me what can i have to do?? can police arrest my mom.. my mom is 50 years old

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Anonymous 15 September 2011 at 14:48

Dues emi

Dear Sir, my mom have 2 wheeler lone from bajaj finance. but last 4 month my mom cant paid emi for some financialy problem. and today my mom got notice from Advocate. sir please suggest me what can i have to do?? can police arrest my mom.. my mom is 50 years old.

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Anonymous 15 September 2011 at 12:54

Live in relation

1) is Government legalised the concept of Live In Relation ?

2) is it an offece if two opposite sex live together ?

3) what is the overall Status of Live In Relation in india ?

4) any recent Decisions Judgements in this regards by any court ?

plz some experts clarify my doubt

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Anonymous 15 September 2011 at 12:16