G.Nagarajeshwar Rao
20 April 2011 at 22:26
A filed a suit against B and C who are the legal heirs of the deceased borrower, along with a petition U/Or.38 rule 5 of C.P.C., court ordered attachment before judgment with a condition to furnish third party sureties within 48 hours on service of the notice. The B and C are cleverly avoiding to receive notices / summons and they shifting their addresses. One fine morning the B has come to sub registrar [after filing the suit] and the property which is shown in the money suit and which is sought for attachment the same is sold out. The sub registrar also one of the party to the suit. A petition was filed along with the suit praying the court to pass an order restraining the sub registrar entertain any registration by the B and C to any third parties. The petition was returned by taking objection, that the suit schedule property is not the subject matter of the suit. As such the petition is not maintainable. At present the A is intending to implead the third party in the suit, who is the purchaser of the property while pending the suit and petition attachment before judgement. Whether the petition of A under Or.1 Rule 10 for impleading the third party purchaser is maintainable? If so how it is maintainable? If not so how it is not maintainable? please clarify with available citations. With regards. gnrsharma@gmail.com. 09849458545; 08686186286. Thanks one and all.
Anonymous
20 April 2011 at 20:41
The Rejoinder Affidavit shall be treated as affidavit by way of evidence as the complaints under the consumer Protection Act are not governed by the procedural provisions of C.P.C. So can we say that Rejoinder Affidavit is applicable to civil cases in CPC law & not in Crpc in any criminal cases right ?
Also it has been said that CPC law are not applicable to Crpc any criminal cases so what about procedural provisions in crpc cases.
Thanks.
Anonymous
20 April 2011 at 20:36
If acquittal & Discharge is there then CPC Laws not applicable because it is used in criminal cases so ONLY ONLY ONLY Crpc is applicable right? correct me if i am wrong
can give me
The Maharashtra High Court (Hearing of Writ Petitions by Division Bench and Abolition of Letters Patent Appeals) (Amendment) Bill, 2008.
thanks.
Anonymous
20 April 2011 at 20:19
A general question in all appeal in any Indian court regarding the pecuniary jurisdiction of the courts they have.
Pecuniary jurisdiction is applicable till original side of the court or till trial & when the appeal lies to any court whether sub – ordinate to the High court than Pecuniary jurisdiction does not come into the picture or we can say that it is irrespective of the Pecuniary jurisdiction we can fill a appeal in the appeal jurisdiction of the court even though the Pecuniary jurisdiction exact the limits of that appeal jurisdiction. Pls correct me & if wrong than where the appeal does lies. Pecuniary jurisdiction includes any other cost, interest, penalty or any other sum can anybody give the example that how to calculate the Pecuniary jurisdiction in any courts.
Pecuniary jurisdiction of bombay city civil court , small causes court becasue bombay city civil court act does not mention any Pecuniary jurisdiction.Where to find the Pecuniary jurisdiction of the court's in maharashtra. any site pls mention here.
Thanks.
Anonymous
20 April 2011 at 20:05
please guide what is pecuniary jurisdiction of different courts in maharashtra like small causes court, city civil court, district court, high court etc. for appeal and original side.
(1) The ([State] Governnrent may appoint an officer to be called the Registrar of
the City Court. He shall be the chief ministerial officer of the Court, and shall exercise
such powers and discharge such duties of a ministerial nature as the Judge of the City
Court. or when the court consists of more than one Judge the principal Judge may from
timetotime,byrulesdirect. 5[TheStateGovernmentmayalsoappoint6[two officers to
be called the additional Registrars.] of the City Court '[Any additional Registrar] shall
exercise all or any of the powers and discharge all or any of the duties of the Registrar as
the principal judge may, from time to time by rules direct] What do u mean by chief ministerial officer of the Court ?
Anonymous
20 April 2011 at 19:04
Sir,
My father got an motor accident in 1986 and got injured. A case was filed for and i have a court verdict stating the amount what my father can be claimed. We havent claimed the amount but the amount was depoisted in a bank. I want to know the legal entity how to withdraw the money from the bank. My father is alive
Anonymous
20 April 2011 at 19:02
Sir,
My father got an accident in 1986 and i have a court verdict stating the amount what my father can be claimed. We havent claimed the amount but the amount was depoisted in a bank. I want to know the legal entity how to withdraw the money from the bank. My father is alive
Anonymous
20 April 2011 at 18:07
What do u mean by fact can be physical, as well as, psychological fact. so what does the actually psychological fact means as per the Indian evidence act, 1872.
Difference between Judge's Summons and Master's Summons.
Because the high court rules whther orignial or appellate side says only about word summons & CPC , Crpc also say about summons only so what does the Judge's Summons and Master's Summons as i neeed any section, or any case law which define & the meaning because when i have asked a queries to my law teacher as i am in 1st year of LLB he say that there is no summons like that as mention over abve but my frined told that there is but he also dont know about it where it is used & how has the power to issue. if i got the answer with section or case law than i can tell my law teacher that there is like summon which don't have the idea .
requext to help.
Thanks.
Anonymous
20 April 2011 at 18:01
I have a tax matter pending in the court but after some discussion on the pending tax matter by lawyer (who is practising in Tax matters) said that a summons is different form Chamber Summons and Interlocutory Summons & he says as it is not applicable in Bombay High Court in tax matters also it is only applicable in civil matters. so pls can i know that what do u mean by Chamber Summons and Interlocutory Summons & also it is not applicable in any tax matters. my next hearing is on may 2011.
Help me out .
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Affidavit.
Evidence act itself says provisions of the Evidence act are not applicable to affidavits.
Every suit and pleading has to be supported by an affidavit.
Pls tell me which section says the above one's.
&
The meaning & difference between counter affidavit & rejoinder affidavit .
The meaning & where to fill & when to fill has not been given under CPC.
Thanks