Alok saxena
23 May 2011 at 13:08
Sir,
Can a suit under order 37 CPC be filed by Noida Power Company Limited to recover its dues of electricity bills.
ALok
Anonymous
22 May 2011 at 23:33
cpc is divided in 3 parts[section,order and rules,formate portion] while crpc is divided only in 2 parts[sections,formate] why so??
Anonymous
22 May 2011 at 22:10
A witness standing in the witness box & giving the evidence or he was cross examined during that time other witness standing by side or any person for the or public sitting in a open court (called as a layman audience) says some bad words to the accused or the witness who was cross examined than it has been said as per the contempt of court act, 1971 section 2 he was purposely interfering the court proceedings so it is said that it is a contempt of court & person is liable for contempt case but as per section 10 no High Court shall take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal Code (45 of 1860). if any offence is punishable under the IPC, 1860 than no contempt case will be held. So know contempt case should be filed or section 499 (defamation) case should be filed against that person. Because as the person was giving bad words to xyz person in the court during the proceedings so it is a defamation because he was insulting the person without any reason but simultaneously it is contempt of court also so which one will prewill & can both the case (contempt case, Section 499) can be filed on that person ?
Also it has been said that the witness are not under the preview of section 499 of the IPC, 1860 Right Or wrong if right can i have the case law on that ?
Thanks
Anonymous
22 May 2011 at 22:01
Section 126. Committing depredation on territories of Power at peace with the Government of India
Whoever commits depredation, or makes preparation to commit depredation, on the territories of any Power in alliance or at peace with the 1[Government of India], shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation.
Query : Not understood the meaning of (Asiatic Power , depredation) in (LAW) as a layman ? In LAW If possible with the example.
Thanks.
Anonymous
22 May 2011 at 21:55
8. Memorandum when evidence not taken down by Judge.
Where the evidence is not taken down in writing by the Judge, 2[or from his dictation in the open Court, or recorded mechanically in his presence,] he shall be bound, as the examination of each witness proceeds, to make a memorandum of the substance of what each witness deposes, and such memorandum shall be written and signed by the Judge and shall form part of the record.
Query : what does the above matter what to say ? because as per the reading it seems that when any witness gives the oral evidence in the open court the judge has to takedown the every evidence which the witness gives in oral i think the meaning but confused so pls clarify me ?
So what does grounds of appeal & memorandum of appeal means in simple wrods.
anand
22 May 2011 at 20:03
That the appellant has filed two appeals on the same judgment and decree, suppressing the material truth of having filed apeal before this Hon'ble Court has filed another appeal at High court .
1)[That the Appellant can withdraw it under what sec.]
?
2) That Respondent sought the withdrawl of memo cannot be granted nor appellant under law is permitted to do so.
what ruling have to use the Respondent ? appeal cannot be withdrawn but has to be dismissed
Anonymous
22 May 2011 at 18:23
DEAR EXPERTS SIRS, I HAVE PUT THIS QUERY MANY TIMES BUT i COULD NOT ABLE TO UNDER WHY THE EXPERTS ARE NOT THROWING LIGHT PERTAINING TO DEMARCATION OF JOINT-LAYOUT WHICH WAS PREPARED SOME DECADES BACK .ONE OF THE LEGAL HEIRS OF THE OF SY.NO."X" filed a demarcation of this layout by supressing the fact there is a joint layout prepared by his predessors some decades back by briing the official of the revenue depart the legal heirs have started paying agricultural taxes., which they know that the said land of their survey No:x has been sold long back. which they have admited in the cross examination. I would like to have to have judgments of any high court and if any from the apex court thank you sirs, I hope the Experts of this filed will not hesitate to give the scolding me in their hearts.
I WOULD LIKE TO TO INFORM THAT EXPERTS THAT X,Y,Z ARE THE SURVEY NUMBERS for which there is single joint layout was prepared and plots were given serial Number 'A'in survey No:x plot No:'B' in survey Number y and plot No:c in Sy.No: z
anand
22 May 2011 at 15:33
can defendant appeal [2appeal one in District Court R.A and another one in Highcourt R.F.A]
1) Grounds are same
2)The valuation is made differenc in District Court One Lakh and in Highcourt Ten lakh[partition and seperate possession]
3)If they want to withdraw [than they have to withdraw first appeal which they made in District Court or second in High court]
sir if you have any ruling that they filed 2 appeals [The Hon able court have to Dismissed the case] plz forwrd me they are wasting the time of court [How to Dissmssed the case on what grounds]
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
clarification about the easementary rights
Originally the tiled house of 3 portions facing to west side is having lane of 1’-6” width at southern side. In the year 1933 one portion (Northern side) out of 3 has purchased by great grandmother of my wife.
Schedule of property in the above document is
i)House 12’-0” X 48’-0” = 64.66 Sqyds.,
ii) 1/3 share of common lane (Southern side) 1’-6” X 4’-0”= 2.65 Sqyds.,
Total = 67.31 Sqyds.,
and provided Easementary Rights providing 3’-0” width rear side (Eastern side ) of remaining portions (2) to reach the inmates in to common lane at southern side through this lane 3’-0” width providing rear side. Subsequently the remaining 2 portions sold to Smt. Yerramma in the year 1937. In the seal deed of 1937 the Easementary rights of earlier portion that was sold in 1933 clearly mentioned by the seller.
Subsequently in year 1993 due to disputes in family of great grandmother the house was placed in auction, In auction notification it is mentioned as area of building is 67.00 Sqyds with all Easementary Rights of the house that had.
My wife with having affection on great grandmother she purchased house in the auction in year 1993. The court receiver prepared document without mention clearly the previous schedule of the house. He mentioned the area of house as 67.00 Sqyds., with normal Easementary Rights, without mention 1/3 share of southern side lane and Easementary Rights over the lane of rear side of balance 2 houses.
We have provided Municipal tap line after purchasing in 1993 to our house and it passes through southern side common lane and 3’-0” wide rear side lane and also a small drain is passing through 3’-0” lane provided for easement and it passes through southern side common lane, we are being used the same drain to dispose of sullage water of inmates of our house.
Now recently the grand daughter who acquired the property of balance 2 houses through gift from Smt.Yerramma. Where in the gift deed Easementary Rights over 3’-0” wide passage not furnished by the donor wantonly got the injection order by showing the sale deed of our house which was registered by the court receiver and showing the gift deed, without showing the documents 1937 and 1933 and they have constructed a 3’-0” width wall across the 3’-0” passage and concrete plug was put in the small drain.
Now the dispute is in the Hon’ble Court
Let me know whether the old documents can be useful to prove our Rights even those document prepared by the receiver not specifically mentioned the Easementary Rights over rear 3’-0” wide passage.