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Ashvin Khambhata   06 March 2011 at 22:49

injuction &summary suit

Dear Sir
At the time of filling summary suit ,can i file an ad interim injuction application to restrain the property from selling etc

pratik   06 March 2011 at 21:48

Judge's Summons.

PLS explain me don't say no Sirji(s) or Jurist'(s).

Pls pls pls pls .

With the help of a example as i am a layman in the belowmentioned words.

The belo mentioned can be used in any tribunal or not & it is also used in Supreme court of india or not ? Also it is used in any tax matters & can be used in both civil or criminal case. can be used in any original or appellate juridisction in india.

1) Difference Between Judge's Summons and Master's Summons.

2)Difference Between Chamber Summons or Interlocatory Summons.

3)Difference Between Notice of Motion" and "Chamber Summons"

4)Difference Between Interlocatory orders or notice & impunged orders or notice.


Pls answer me as per the Bombay High Court rules. Because in rules i haven't found the exact easy meaning of it as a layman pls explain me in detail.

Pls above are very imp for me & i have got in any books also pratically seeing the notice , orders or summons are not possible because as i am not a law student but deply interested in law so it is a kind request to solve the query with the help of a example ?

God Bless U All.

Thanks In Advance.

Arka Foundation   06 March 2011 at 21:28

interim applicable?

Hello Forum,

Wife got exparte orders for a divorce & maintenance suit filed by her against her husband.

The Judge ordered a maintenace of Rs 5000/-per month.

The husband did not receive any copy of exparte orders, but came to know about the expartee.

In between husband filed RCR in original jurisdiction before wife got the expartee orders of divorce & maintenance.

The husband RCR is stil on-going.

Que'n:
Still husband has to pay interim maintenance?


A.F>

pratik   06 March 2011 at 20:41

Press & Registration Act, 1867.

1) As per the Press & Registration Act, 1867 the act has not ellaborated that if a publisher or a writer write or publish something wrong about any law which has been commencement or repealed then there is any offence or any peanlty ? Also after reading the book or newspaper or any magazines which has been published or written by the writer any person relied on that book or writing or publishing & file a case criminal or civil or Writ Petition or SLP after reading the contents mentioned under the book, magazines or paper than the writer or publisher who is laible for the offence or for any penalty ?

Any case law on the abovemention matter Pls .


2)What is the meaning of mofussil lawyers & advocates do they are in our today court or any tribunal. when can we use this word "mofussil lawyers or advocate" & where ?

Thanks In Advance.

GOd Bless U ALl.

sannnnnnnnnnnnnnnnnnnnnnnnnnnn   06 March 2011 at 20:28

de novo trial

whether de novo trial is needed when sm.c.s. is reregistered as reg.c.s. in the same court before the same judge

Anonymous   06 March 2011 at 19:04

Your Opinion

The Respondent has filed the writ petition against the CAT order and the Judgment/Order was given by the High Court as

"1. We note at the outset that in the reply filed to O.A.No. , vide
preliminary objections No.IV, a specific plea has been urged that
O.A.No. is barred by limitation. It was explained that the issue
raised in the application relates to a wait list panel pertaining to the year
2001 and at best extended till the year 2002. The Original Application filed in
the year 2009 was barred by limitation.
2. In response to the said preliminary objections, the applicant stated
that since his representations were replied to only in the year 2008, the
petition filed by him was within limitation.
3. Learned counsel for the petitioner and the respondent who appears in
person concede that the Tribunal has not dealt with the issue of the claim being
barred by limitation.

4. Thus, we dispose of the petition setting aside the impugned order dated
24.02.2010 and we restore O.A.No. with a direction to the Tribunal that
the issue of limitation should be decided by the Tribunal.
5. We make it clear that if the Tribunal decides on the plea of limitation
against the petitioner, issue on merits need not be decided by the Tribunal for
the reason the same has been decided by the Tribunal vide impugned order dated
24.02.2010. But in said eventuality while challenging the said order passed by
the Tribunal, the petitioner would be entitled to challenge the impugned order
dated 24.02.2010 as well.
6. Parties shall appear before the Registrar of the Tribunal on 01.11.2010
when the Registrar shall formally list the matter before appropriate bench for
re-consideration of O.A
7. No costs.
8. Dasti."

The CAT bench has disposed off as TIME BARRED

Kindly inform whether I-Applicant can enforce order as it has not been dismissed on its merits?

Anonymous   06 March 2011 at 18:56

Application dismissed by Limitation but not on merits

Sir,
i have query if any Petition in regards to service matter has been allowed on merits but agitated again on limitation which has been disposed off as time barred (Limitation) How can it be enforced on its merits?
For this, I want to state that my Petition by CAT has been allowed on Feb 2010 but was agitated before High Court on the plea of Limitation and High Court has remanded back to CAT for deciding the issue of Limitation which is now disposed off as Time barred

Now Kindly inform whether such order has still force as it has been allowed on its merits?

Anonymous   06 March 2011 at 18:01

kindly suggest..!


Dear, all learned lawyer, i have a query,i have following suit filled in revenue court for partition of agriculture land (originally, later acquired by rajasthan goverement) in 1994 by my sister(76yrs,age) it was pending in revenue court for years later in october,2009 the suit was withdrawn by her by giveing an application and an affidavit to sdo court on the basis of which the case was dissmissed,now again she filed an appeal before sdo court for restoreing the withdrawn case(nov,2009) as it was withdrawn under pressure against her will , later she died in july 2010, now no summons were issued to me or any other party for presenting their view against the appeal for restoration made by my sister . now, i want to know under which section and which section and circumstances an sdo can dissmiss the appeal for the restoration of the original suit for partition of agriculture land., kindly mention the relevant section throgh which sdo can dissmiss the appeal for restoration after it was withdrawn, i belong to jaipur.

mayureshgiri   06 March 2011 at 17:59

possession of flat

If I've a purchase a flat in darkhast auction and get possession order from court, can i able to break the door lock and take possession of that flat.

anuja   06 March 2011 at 16:48

Query relating to Arbitral award

hiiiiiiiiiiii,

If a professor has had a dispute with a University, for which he has appointed an arbitrator, but university fails 2 respond 2 his appointment and the arbitrator gvs d award in favour of d professor, can d university challenge dis award in the court???? if u can pls quote d section and ne case law supportin ur ans , it wud b better.....