Anonymous
18 January 2011 at 12:00
Dear Criminal Law Experts
Can there be substitute service of pasting summons to the last know address of the accused if the accused is absconding and not treaceable ?
By way of pasting service is summon considered effected to the accused and the court can proceed ex-parte hearing against the accused ?
Thanks !
Anonymous
18 January 2011 at 11:34
A munciff court decreed agaist my client in a petition . subsequetly the lower court directed the respondent to maintain status quo for 30 days . next day respondent violated the order of munciff court .the following petitions were filed before the munciff court.
1. violation petition
2. commr. application
3.restoration petition
Mean while an appeal against the orinal decree was filed and the same is pending for disposal
the lower court now is of the opinion that it has no jurisdiction over the petitions filed under order 39 rule 2 as it has dismmised the original petition and against the same an appeal is filed before the appex court.
kindly guide me what to do with the citations if any
thanking you in advance
shyjo
mahendrakumar
18 January 2011 at 06:54
apart from asking for the implementation of the order of the consumer court,any further reliefs could be sought in the execution petition like cost of filing and rectification of "mathematical error" in calculating the compensation amount in the original judgement?
Anonymous
18 January 2011 at 01:15
i m a tenant residing in same place for 3yrs now. when we joined the society there were few cars, hence parking was easily available. now the no. of cars have increased , however still there is ample of parking space in the society. there is a new rule passed all of sudden to move all tenant cars out of the society and 2nd cars without the consent of the other members (car owners), just a bunch of committee members who dont even own cars.
since there is ample of parking space even after flat owners have occupied, still we r asked to move our cars away. however again a rule is passed stating any non-member can park their car in society premises at a monthly charge of rs.1500/-.
is this justified? can the other society members challenge this rule passed just by 2-3 people.
is there any bye-law stating any parking facility for the tenants, if there is ample of parking space?
does alloting parking space mean ownership? of the place, or the parking lots can be slloted to ease the issue?
Anonymous
17 January 2011 at 23:34
I want to understand the difference between the RWA & Condominium Association.
Does it make a diffrence in the applicability of the Haryana Apartment Owners Act their bye laws etc....
T.Ramsamy Murugan
17 January 2011 at 22:13
My father was guardian for a property in my name, he sold it with court permission, when i was 16 age, now, can cancel this sale through court?
Please answer my query,
1.When the trail court reject the Petition for a reference to high court,can we file revision in higher court?
2. Is it possible to ask reference directly in high court?
Please answer my query,
1.When the trail court reject the Petition for a reference to high court,can we file revision in higher court?
2. Is it possible to ask reference directly in high court?
Anup Hadgaonkar
17 January 2011 at 20:13
That A filed suit for partion of ancestral properties against his brothers and sisters. But ex-party order passed against all brothers and only sisters are the contesting parties to the suit. Now all the contesting sisters are redy to compromise the matter.
My Q1. is that, in the absent of the brothers, compromise decree can be passed or not?
advice
my client instituted suit for possession and precess server of court reported that defendant has refused to receive summons , consequently defendant was proceeded ex-parte and ex-parte decree was passed in my favour . Thereafter i filed execution application then i came to know that defendant has expired and execution was filed against his legal heirs , the legal heirs contested the execution application and produced the certificate of death that at the time of instituting suit their father was dead . The court has refused to execute the decree being nullity, now what is proper remedy for me to take possession of suit land . if i will file fresh suit against legal heirs of deceased , whether second cause of action is maintainable in second suit because earlier i have filed suit against their father , suit is also barred by resjudicata also , how can i cover my limitation in second suit .