pratik
06 August 2010 at 14:50
116. Part to apply only to certain High Courts.
SPECIAL PROVISIONS RELATING TO THE 1[HIGH COURTS 2[NOT BEING THE COURT OF A JUDICIAL COMMISSIONER]]
116. Part to apply only to certain High Courts.
This Part applies only to High Courts 3[not being the Court of a Judicial Commissioner].
Query : Pls tell me what do es the above section says pl with the example(S)(S).
Thanks In Advance.
pratik
06 August 2010 at 14:44
114. Review.
Subject as aforesaid, any person considering himself aggrieved-
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred,
(b) by a decree or order from which no appeal is allowed by this Court, or
(c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.
Query : 1) what do u mean by by a decree or order from which no appeal is allowed by this Court becasuse i have heard that the appeal is perfered to the appeallte court so how can we appeal to the same court which has passed the judgement or decree which is not maintainable as per the aggrived party.
2) by a decree or order from which no appeal is allowed by this Court (what does it says)
3) If the judgment or decree passed by the state of maharashtra & the Review can be filed under the gujarat court.
Thanks In Advance.
pratik
06 August 2010 at 14:38
113. Reference to High Court
Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit.
Query : As per my opinion any lower court before the high court can seek the opinion from him that what should be the judgment or decree should i can passes. or can a judge of a lower court can say that pls give your decision that i will be giving in the jurisdiction of my court. Can after going through his section we can appeal to the high court again because also again as per my thinking we can;t appeal becasue already the decision given by the lower court has been Reference by the High Court.
Pls comment on the above mention or any case laws than pls forward it to me.
Thanks In Advance.
Anonymous
06 August 2010 at 13:56
SIR
WHERTHER CIVIL JUDGE J.D. HAS JURISDICTION TO TRY THE CIVIL SUIT ON RESTITUTION OF CONJUGAL RIGHT OF MOMEDIAN IN GUJARAT ?
Anonymous
06 August 2010 at 12:34
sir,
pp
what is order 38 rule 5 and when is it applied.
thanks
vinay kala
6,10
aug
DEFENSE ADVOCATE.-firmaction@g
06 August 2010 at 09:52
In response to some querries I had replied that even though there is outstanding and attachment or sale notice is issued by any financial body under Surfasi act or any other court order, decree still you can escape the coercive action by creating private trust in favor of relatives, friends , employees or even charity. But it should be back dated.
People send me emails with incomplete infromation and pressing for urgent reply as if I am responsible for their problems.
Please note that there is always ways to come out of rigours of the legal problems but you have to be sincre to seek advice and must provide all the details.
Reasoned actual qurries in this regard are welcome.
For personal advice pl send mails at firmaction@gmail.com giving full synopsis of your case.
Anonymous
06 August 2010 at 07:10
Oral partition of ancestral property was made between two brothers about 60 years back. They were enjoying their respective shares of the ancestral property allotted to them. One of the brothers died about 35 years back. The surviving brother and the sons of the diseased brother entered into a partition list in 1991 citing the oral partition made and the properties allotted were listed in the partition list drafted by a senior advocate. The partition list is unregistered. About 8 years back the grandsons of the diseased brother have filed a suit against all other family members claiming their shares. Kindly illustrate with case details where the oral partition and the unregistered partition list as per which the elder members of the family were enjoying their respective properties is upheld by the courts.
chandrashekharshah
06 August 2010 at 01:45
Dear Sir,
Please tell me that whether the Motor Accidents Claims Tribunal or in Appeal the High Court may exercise the powers of the Hon'ble Supreme Court under Article 142, Constitution of India.
Request you to answer with citations.
Thanking you,
C.S.Shah
pratik
05 August 2010 at 23:07
1) Pls tell me whether Caveat as per section 148 A of the CPC can be filed under the income tax , sales tax , excise matters which are at high court proceedings. (In simple the judicial proceddings which are at high court relating to the income tax , sales tax , excise matters than Caveat as per section 148 A of the CPC can be filed ?
2) Also if anticipatory bail is given & the person to whom the anticipatory bail is given & no FIR is lodged against him to arrest him then what will happen to anticipatory bail given & who is laible or what is the further process to be taken to close the case .
Thanks In Advance.
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Nomination
Hello,
I m 33 years wroking man. I have sister (married in USA) and mother. My father died 6 years ago. He didn't make any "will". We have house from grandfather and my grand-father made will and every right is transferred to my father. Apart from This, we have few companies and already sold after my father's death. We made FD's on mother name. My mother is taking the ownership of all property and my self & sister has no problem with this. My sister made general power of attorney to my mother's name.
1. House on father's name
2. 10 Land on Father's name
3. FD's by selling 2 companies
(Company: one on Father's name and one on Father's HUF)
My father wished to transfer 30 lacs to my sister and i & mom are ok with that. She may not be ok with that in fututre so what can we do to make 100% pakka document to have all property trasnfer to my name after my mother and there will be not any legal actions pending. My mother is supporting me for any legal action to do. Please send me your guidline step by step to make the docs.