Anonymous
19 March 2011 at 19:36
12. Remarks on demeanour of witnesses
The Court may record such remarks as it thinks material respecting the demeanour of any witness while under examination
11. Questions objected to and allowed by Court
Where any question put to a witness is objected to by a party or his pleader, and the Court allows the same to be put, the Judge shall take down the question, the answer, the objection and the name of the person making it, together with the decision of the Court thereon.
Query : How to know that the jduge has record the statment asany example of order 12 meantioned above.
Query :
Law Student
19 March 2011 at 19:16
Dear All,
Please let me know the status of an Execution Application if the OP files for an Appeal in the interim.
Facts of the Case:
1) The Company lost the District Consumer forum case and was directed to pay compensation for the product to the consumer.
2) They were ordered to pay a measly sum of Rs. 50K within 8 weeks of the order.
3) Even after repeated follow up by me (Consumer) they have not paid the compensation and hence I filed an execution application on Feb 24th.
4) The hearing for admission of the execution was for April 5th.
5) On March 8th the OP (Company) filed an appeal (after I filed the Execution Application). The appeal was filed with an application for waiver of delay as the appeal was filed after 75 days of the district forum order. The statutory time limit for filing an appeal is 30 days.
6) The State Commission heard their appeal filed on March 8th on March 18th and has adjourned it for 6 months. The order passed by the State Commission was -
For Appeal "Issue notice on delay application to the respondent r/o 10/08/2011. Apart from notice from State Commission, Simultaneous additional private notice of advocate is also permissible"
For waiver of Delay: " Adjourned to 10/08/2011"
7) I found out the above by way of searching case status on NCDRC. No notice/intimation has been received by me till date.
My questions:
1) What does the State Commission's daily Judgment mean?
2) Does filing of this Appeal automatically stay the District Forum's order (even though the appeal has not been ad-missed)
3) Does this hamper/stay my Execution application.
4) Can I request the State Commission that the Company is trying Dilatory tactics and the date of 10/08/2011 should be advanced.
PS: I had read that "Pendency of an appeal does not stop the operation of a judgment unless stay is granted - 2005(1) CPC 292 Chd. "
Is this true, If yes can someone post a link to this judgment.
Thanks a ton in advance. Your inputs will be highly appreciated by a hapless consumer like me.
Anonymous
19 March 2011 at 16:25
wife died by hanging within six months from the date of her marriage due to loss of her pregnancy. but, the father-in-law gave a report to police that her daughter died DUE TO dowry harassment by the husband, in-laws and brother-in-law of the deceased. a crime was registered against all under sec.304-b IPC.position of the case is..still didn't come to trial.
four years before her marriage, the father of the deceased has purchased a house in the name of daughter and after her marriage, she along with husband, in-laws and brother-in-law are residing in the above said house.
Whether the husband shall be entitled to get the house property according to hindu succession act.
Anonymous
19 March 2011 at 16:01
Hello
I am a woman from H.P. and got married in J&K. I have one daughter.she is born and brought up in J&K. I just wanted to ask that .....can she get Himachal Bonafide certificate on my ground as i am bonafide Himachali??????????
kotaruraghu
19 March 2011 at 14:28
if an advocate unfortunately lost is commission warrant without his negligence,then what is the remedy?
M RAVI KUMAR
19 March 2011 at 13:59
Shaik Mahamood Ali Sir, As we have not filed any FIR what are the evidences has to produce to the court and which court I have to approach, I am living in Mahabubnagagar and how much time it will takes to obtain Declaration of Death
M RAVI KUMAR
19 March 2011 at 13:05
Shaik Mahamood Ali sir, As our mother is absconding since 7 years and we have not filed any FIR how can we obtain atopsy repot
M RAVI KUMAR
19 March 2011 at 12:10
Sir, I am Ravi Age:25
Our father has murdered in 2001 July, my mother was A3 in that murder case, after our father's death we are not living with our mother. She was undergone Judicial remand. Since 2002 September she was not attended court and missing. Due to absence of my mother the case was split up in 2005 and run against A1&A2 and striked off on them. As our father is Govt. Employee, since my mother's absence the pensionary benefits was not released so far. Sir I request you suggest my how to get Declaration of Death by court. As she is not living with us we have not failed any FIR.
Anonymous
19 March 2011 at 11:30
One "A" has filed a Petition for compensation for the alleged injuries sustained by him in a road accident. The Insurance Company had filed the Insurance Policy which was marked as Ex B1 and had also filed a petition under Order 8 Rule 9 Of Civil Procedure Code for taking a specific plea as the driver was not holding license on the date of accident along with additional counter. The application for receiving the additional counter was only given SR Number but the application was not numbered. Judgment was pronounced. Judge stated that the Insurance Policy was not filed and did not mention about the filing of the additional counter taking the specific plea that the driver did not ho;d the license on the date of accident. Whether a review petition can be filed ? If so, I request you to send a format of the same. Thanking you in anticipation of the same.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Memorandum.
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 : PLS GIVE ME THE EXAMPLE MININUM 2 PLS.
Also odes the grounds of appeal & memorandum of appeal means with minium 2 example. PLS becasue i a confused.