Jamai Of Law
28 December 2010 at 16:33
Dear Sir,
CPC O47 R 1(c) talks about 'grounds' applicable to apply for a review of an Oder or decree.
Three grounds as:::
1. discovery of new and important matter or evidence which, after the exercise of due diligence
I. was not within his knowledge
II. or could not be produced by him at the time when the decree was passed or order made,
2. or on account of some mistake or error apparent on the face of the record
3. or for any other sufficient reason
These above three are 'grounds', which a review-applicant 'alleges' about.
CPC O47 R 4(2)(b)also uses word 'ground' as follows.
"....on the 'ground' of discovery of.... which the applicant alleges .... without strict proof of such allegation"
So shouldn't it mean that strict proof is required only for 'discovery of new matter or evidence'?
'New' is relating to something which isn't on the record/exhibits.
there is no problem to understand meaning of 'not within the knowledge'
But shouldn't it mean that it should suffice to admit in pleadiing that 'irrespective of due diligence Review-Applicant couldn't adduce the evidence although known to him, before the order was passed'?
shouldn't it mean that requirement of 'strict proof' doesn't apply to process of 'due diligence in collecting evidence'?
Please help me to sort out my doubt.
Regards
Anonymous
28 December 2010 at 16:28
Dear Sir,
CPC O47 R 1(c) talks about 'grounds' applicable to apply for a review of an Oder or decree.
Three grounds as:::
1. discovery of new and important matter or evidence which, after the exercise of due diligence
I. was not within his knowledge
II. or could not be produced by him at the time when the decree was passed or order made,
2. or on account of some mistake or error apparent on the face of the record
3. or for any other sufficient reason
These above three are 'grounds', which a review-applicant 'alleges' about.
CPC O47 R 4(2)(b)also uses word 'ground' as follows.
"....on the 'ground' of discovery of.... which the applicant alleges .... without strict proof of such allegation"
So shouldn't it mean that strict proof is required only for 'discovery of new matter or evidence'?
'New' is relating to something which isn't on the record/exhibits.
there is no problem to understand meaning of 'not within the knowledge'
But shouldn't it mean that it should suffice to admit in pleadiing that 'irrespective of due diligence Review-Applicant couldn't adduce the evidence although known to him, before the order was passed'?
shouldn't it mean that requirement of 'strict proof' doesn't apply to process of 'due diligence in collecting evidence'?
Please me sort out my doubt.
Regards
Kirankumar
28 December 2010 at 16:21
Pre Nuptial Agreement,
What is meaning of Pre Nuptial Agreement,
and its information ?
Plz, send me information about it.
raghavendra
28 December 2010 at 15:44
sir,
my friend mother encroached some govt land ,after she expired govt granted that land to her after her death . but my friend mother made that will on her on daughter before her death and before grantd that land to her ,my question is how long that will is valid
she has totally 6 daughters and two brother all 6 daughters want to give this site to one of their brother ,but another brother objecting this ,instead he says he wants half share of the site , how partition can be do
Anonymous
28 December 2010 at 15:01
whether a decree of possesstion can be implemented in case of it has been passed on the ground of wrong disctetion of the property
yogesh
28 December 2010 at 11:44
Sir,
While drafting pleading before any court/Tribunal if advocate write the case laws/Judgments in the plaint itself in one paragraph immediately above the prayer clause,Jurisdiction clause. Will it harm or form the defective pleading as I saw most of times that court will not consider the judgments/orders on records when we specify during the arguments
Narrating case laws/judgments in the plaint itself will become the part of record?
How much caselaws/Judgments one should specify in the petition?
Regards
Anonymous
28 December 2010 at 09:48
Suit partly decreed.
Defendant preferred appeal with a delay of 65 days. and the Plaintiff received notice from the Court.
Now the question is, what is the limitation period for filing cross appeal by the plaintiff. from the date of receiving summon or from the date of numbering of the appeal?
N.J. MISHRA
28 December 2010 at 09:29
the company is shipping company having its head office at Singapore and other office at Mumbai, Chennai, Kochi, Kolkata, Delhi, Patna, Dehradun, Pune,Jamnagar.
the company execute a employment contract with the seaman when they are appointed on a contract basis.
there is one clause in the contract that "by signing the contract you also agree to Singapore Law governing all matters arising from this contract and all claims are subject to the jurisdiction of the court of Singapore"
By insertion of this clause can company inserty arbitration clause under Indian Arbitration and Conciliation Act because there is one more clause which shows that if the seaman is not covered with any agreement or insurance then the company will pay the compensation according to Workmen's Compensation Act, 1923. kindly suggest whther Arbitration clause under Indian Law can be inserted or not.
Krish
28 December 2010 at 09:22
i am residing in the Ground floor of an intestate house owned by my late mother.After her death we were three legal hiers(me, my father,and my elder brother).my father expired in feb 2010, and brother expired in Aug.2010,his widow along with her two children shifted to 1st floor of the house and locked the 2nd floor.she locked the common staircase to go upstaires on the 3rd floor and roof where the wather tanks are fixed.who can we open the access to go on the top?Is this possible to open her lock from the undevided floors& roof ? How much time it will take to get justice?
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Correction in Plaint of Civil Suit
Lnd Experts,
In continuation of my last query about/ regarding no. of Plaintiffs out of total legal heirs,
Here I am attaching the plaint of the civil suit to be filed for removal of encroachment of northern portion of the land for correction, Plz. Suggest/guide, if anything wrong, especially Cause of Action.
As far as Plaintiffs are concerned, I may get the signature of all the legal heirs, Plz, check other parts.
Thanks and Regards,
ABC