pratik
03 March 2011 at 15:26
Summary Trial -
The trial of an action by way of affidavit evidence only or by use of truncated process.
Query : What do u mean by truncated process & where it has been defined in law what exaclty it means with the example pls. Also The trial of an action by way of affidavit evidence only so if we say that the The trial of an action by way of affidavit is written than we cant say that is is a summary trial ? Also where it has been said that the summary trial should be oral & not written. Also where the summary trial is define pls help me more with the example. Also any case law which defines in depth the defination of summary trial.
Thanks In Advance.
God Bless U All.
Anonymous
03 March 2011 at 15:17
I am From Mumbai. Our society's building was redeveloped in 2007 by utilizing the 2.4 FSI offered by MHADA. we appointed a developer who reconstructed the building and got some extra 9 flats to sell for himself which he has already done and given possession to the new buyers. we got the possession of our redeveloped flats in 2007. now the developer has not yet obtained th Occupation Certificate From the BMC and despite several reminders he is just avoiding getting the OC. it seems he is deliberately sitting on the OC so as to coerce the society members in to agreeing to permit him to construct some additional flats on the building premises.
Now in such case what can be done to force the developer to obtain the OC from the BMC and hand it over to our society at the earliest??.
Anonymous
03 March 2011 at 11:30
10 members of our caste forming a committe for constructing a temple.They collected money from our community around 4 lakhs and 2 lakhs worth of work has been completed,remaining money was in bank FDs.For the last two years they did not do any work on temple.Now the donors are asking committe why delay?.But they are replying the temple is under dispute,so case going in court.my question is
1)can i know whether is there any case pending on temple in the court,if so ,how?
so please clarify me.
pratik
02 March 2011 at 23:01
Summary Trial -
The trial of an action by way of affidavit evidence only or by use of truncated process.
Query : What do u mean by truncated process & where it has been defined in law what exaclty it means with the example pls. Also The trial of an action by way of affidavit evidence only so if we say that the The trial of an action by way of affidavit is written than we cant say that is is a summary trial ? Also where it has been said that the summary trial should be oral & not written. Also where the summary trial is define pls help me more with the example. Also any case law which defines in depth the defination of summary trial.
Testimony -
The oral evidence of a witness in a judicial proceeding, such as a trial.
Query : Where it has been said The oral evidence of a witness in a judicial proceeding is called as a testimony ? So can we say or it is said as per the defination of the testimony that if the evidence is in writing than we can say it as a testimony ? Also give more info about testimony pls.
Thanks In Advance.
God Bless U All.
pratik
02 March 2011 at 22:50
Examination In Chief -
The questioning of your own witness under oath. (it is allowed as per the indian evidence act, 1872 if yes as per which section) if it is allowed that what do u mean by cross - examination . & what is the major & basic difference between Examination In Chief & Cross - Examination pls tell me everything in detail pls experts pls pls pls.Examination In Chief is held first or Cross examination is held first both in civil case & criminal cases.
Examination on Affidavit - (it is allowed as per the indian evidence act, 1872 if yes as per which section)What do u mean by Examination on Affidavit exaclty as a layman with the help of a example.
Thanks In Advance.
God Bless U All.
pratik
02 March 2011 at 22:31
Civil Procedure Code, 1908.
Section 135(2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto, their pleader, mukhtars, revenue-agents and recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process other than process issued by such tribunal for contempt of Court while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal.
Query : AS per the above section what do u mean by mukhtars, revenue-agents and recognized agents becasue they are not define in any act. so pls tell me the meaning of it or any case law which defines it in a clear manner.
Thanks In Advance.
God Bless U All.
S Sharma
02 March 2011 at 20:31
My father-in-law had two small shops adjacent to each other. He bought both of them himself and was not an inheritance. He gave both of them to my husband's brother through a registered will. My father in law is no more. My husband also died recently. Can my son get a share in the said shops. I have also come to know that my husband's brother has sold one of the shops recently. But he has signed a rental agreement with the new owner of the shop and pays him rent by cheque every month. He has also changed the name of the firm and created a new firm to do the same old business. Do I have any legal recourse to make a claim on the said property for my son who is 20 years old as this is his grandfather's self earned property. The registered will was not challenged before by my husband or by me till today.
Anonymous
02 March 2011 at 17:51
Que.1.Is their any time frame prescribed for High Court to dispose a Divorce Transfer petition filed u/s 24 of CPC from one court to another?
Que.2.If their is no time frame prescribed for disposal of transfer petition in CPC in such a scenario the time taken more than 16months to dispose the Transfer petition be considered in Family Court under Judicial Separation period and pass an Order of Dissolution of marriage
Anonymous
02 March 2011 at 17:42
This year in 2011,I had sent a cheque of Rs. 3308 to Yahoo India,Bangalore for opening of my own new website.This money included services of domain name and web hosting.
It was received by them on 4th February,as per courier company confirmation.
However they confirmed the receipt of this cheque only after 1 week,perhaps due to lack of coordination in their own office.
On 18th February I received a call from them that my registration work will be done very soon.
But a few hours later,they called me again to inform that my bank account
from where the money was to be withdrawn(Punjab National Bank) has no balance
at all & that the bank officials had called Yahoo to say this.
I called the bank on the same day to know my account status.
But bank people said that there's adequate money in my bank and that Yahoo never presented them any
cheque to withdraw any money.So question of cheque bouncing did not
arise at all.
I telephoned Yahoo again on the same day to inform this,so that there is
no further misunderstanding.And I was assured that Yahoo will look into the
matter and will call me 20th February.
However,I haven't received any call from Yahoo yet in this regard..So I
called up Yahoo again a few days back to know the situation and I was told that
they have again presented my cheque to Punjab National Bank to withdraw money.I was
assured I will receive a call soon.
However I am yet to hear from them despite writing to them twice again.When I wrote to them again,they wrote back on 26th February that they have not received any money from me,which is all the more suprising
Please tell me how to deal with these Yahoo people.
My website creation has been utterly delayed.
They don't call me to update about anything.And my cheque is lying with them.
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DRT pecuniary jurisdiction
I have heard that the pecuniary jurisdiction for Debt Recovery Tribunal (DRT) has been reduced from Rs.10 lakh to Rs.1 lakh. Can anybody guide?