Jamai Of Law
17 June 2011 at 14:51
On the website of 'HIGH COURT OF JUDICATURE AT ALLAHABAD'
I get to see many cases with case type given as:
Case :- FIRST APPEAL DEFECTIVE No. - of
What is the meaning of "FIRST APPEAL DEFECTIVE" ? especially the word 'defective' in it?
Does that suggest that the citation has become defective or no longer has existance due to SC's subsequent ruling on it? Are these cases NOT supposed to be used as a citation? are these citations overruled and set aside by Supreme Court?
This also raises another doubt :-
How to find if any High court citation has been overruled and set aside by the Supreme Court or Not? Otherwise, if anyone uses any such citation of HC (which is set aside by SC) it may result in falling on the nose!!
Please give your experienced reply.
Regards
Anonymous
17 June 2011 at 11:35
In both birth and passport name is correct.
However in high school they have added fathers name.
1)How to reconcile?
2)Is there any civil/criminal liability for having different names in different documents.
3) If YES what is it?
Anonymous
17 June 2011 at 11:06
Question: Civil courts Mumbai passed a exparty decree for recovery of Rs. 1 lac, there after i filed execution but later on i came to know Judgment debtor have no moveable or immoveable property at Mumbai rather JD have a office in Gujarat , i have no knowledge regarding any property of JD except office having sufficient computers/furniture’s etc at Gujarat, now i filed a transfer application for transferring the execution to Gujarat court which is now fixed for consideration , court view is that only on the ground as mentioned by me court cannot transfer the execution to Gujarat, kindly help with citation plz.
Answer given was: you have to furnish documents showing that the JD has property in the jurisdiction of Gujarat Court. Unless there is some prima facie evidence about existence of property in the jurisdiction of another court, a decree can not be transferred.
But my Question is : But section 24 & 25 of the CPC doesn’t say that any evidence is required to trf the case for state to another state or not any condition is imposed for trf the case to the another state court? So I require a citation which says that proper evidence is required to trf the case to any state court.
If the procedure of keeping a case on dormant file is available in your state, request the judge to keep the case on dormant file. once it is kept on dormant file, it can be taken up at any time after the accused is found.
Thank U.
Anonymous
17 June 2011 at 10:58
Section 4(1)(d) of the RTI act, 2005 frame question ? quasi judicial authority? Can we demand the info that why he/she has passed the order in favour of any one else.
Because Section 4 (1) (d) Right To Information Act, 2005 say ((((provide reasons for its administrative or quasi-judicial decisions to affected persons.)))
case law required & opinion are welcomed.
so we can say that court decision are not covered by the above mentioned section because words ((((( administrative or quasi-judicial decisions)))) is given.
also eleborate which authority comes under quasi judicial authority * which comes under administrative authoirty?
State Of maharashtra.
Thanks
Anonymous
17 June 2011 at 09:34
R/Members LCI
I myself and my wife are residing in a house which is in the name of my wife,my neighbour has filed a suit for mandatory injustion on the ground of encrochment on his land only against me.Some one has advised me to file a application under sec 10 of CPC,Kindly help.Regards
Padma
17 June 2011 at 01:13
Hi, We have to apply for Succession certificate to transfer the shares in my mother name. An advocate said that a new GO has come not to issue succession certificate through court. Now Only Legal heir certificate will be issued through court, Is it true??
As per my knowledge, Legal heir certificate for pension purpose to govt. employess will be issuesd at Revenue office. The succession or legal heir certificate for the purpose of any movable or immovable property will be issued through court.
But after speaking with advocate i got confused, Please confirm on this. what is the new GO, what are its contents and how can i get succession certificate to transfer shares in my mothers name from my fathers.
mukund reddy
17 June 2011 at 00:57
I had given loan to one person. He has not paid the loan properly. Now I have filed a civil suit for attachment of his property, but he has informed court that he already had mortgaged the land to someone.
He submitted a Rs.100 stamp paper document signed by notary public in which the mortgage details can be found.
Now he says that the land can not be attached by me. Are those stamp paper document valid in law? Those document was not registered, but signed by notary public. Please suggest me.
Anonymous
16 June 2011 at 19:28
My friend got married but hardly lived (few days) with the boy as irreversible differences cropped up immediately. They got married according to Hindu rites but never registered the marriage. Ever since, ie for last one and a half year, they have been living separately.
Now they have applied for a divorce. But she is told that she needs to get the marriage registered. She does not wish to register the marriage now as the relationship has already fallen apart. Could you please help me / my friend in guiding as how she could go for separation without registering the marriage at this stage.
thanks
giridhar
16 June 2011 at 18:33
Due to unavoidable circumstances my younger brother would unable to take part in the execution of sale deed. what is the solution>?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Execution of allotted land
Sir,
We have received final decree from Trichy sub-court for the suit we filled in 1993 after a compormise deed. The allotted land property is still with the defendant name, we checked with our advocate and received answer saying with the final degree we can sell or go for loan with Bank. But bank denied to accept the final decree, could you please help us how to proceed to get the allotted land property under our names. Is there any process called execution ? please help us..