Sheetal
26 February 2015 at 02:10
Greetings to all
If Insurance company in motor accident compensation judgment went to high court for Appeal after judgment in MACT district level court. Or In any civil case if any party goes to high court in appeal.
1)Then how Case cycle moves in high court,Maharashtra?
2) What are diffrent case status till final disposal?
3) If appeal admitted what happens next? In many cases i seen status admitted for 3years or more, so when final Decision or disposal happen? and what are stages from admitted stage to final disposal?
Or does Admitted means case is over?
Alok saxena
25 February 2015 at 23:18
One business agreement was executed in Noida consisting of arbitration clause. When dispute arouse, the OP filed Arbitration case before Arbitrator who conducted one meeting in Delhi and remaining meetings in Noida for proceedings of the case. Thereafter, Arbitrator passed award at New Delhi engrossed upon the Non Judicial Stamp of Delhi.
Now, I have moved one application in the Court at Noida for setting aside the award under Sec. 34 of the Arbitration Act. Court asked to dismiss the application as the Award was passed in New Delhi and only the Courts at Delhi have the jurisdiction to set aside the award.
What is the correct legal position and is there any case law in support of our contention.
Yash
25 February 2015 at 21:24
Dear team
pls suggest if 1st ep is dismissed due to the reason that DH was unable to provide "list of property", is it allowed to file 2nd EP with the required details?
Udit
25 February 2015 at 21:19
In the case under rent control act for determination of standard rent I applied in the competent court but the court rejected my plea after full hearing and said that rent can not be increased against the order i applied to high court. The high court ordered the lower court to PROCEED AFRESH AND DECIDE THE MATTER AFRESH IN ACCORDANCE WITH LAW AFTER TAKING SUFFICIENT EVIDENCE FROM BOTH THE PARTIES. So i applied in the court again with the high court order along with a new plaint in which the only difference was of the evidence and the time of rent was differ from that of earlier evidence. Second party did not raise any objection of any kind regarding fresh plaint during the case. And due to high court's order the case went against the other party. Now while he appealed in the high court, there they are taking this step against the judgement that the said judgement was decided on the basis of a new plaint and it comes under the doctrine of constructive res- judicata. So my question is that is it wrong to submit a new plaint with not much difference in the facts from the earlier plaint and that is when such plaint was submitted when the high court ordered to proceed afresh in the matter. Pls tell me submitting a fresh plaint was a right step or wrong, while there is not any difference in the facts of the case in both the plaints.
Abhijeet
25 February 2015 at 20:58
Whether SARFAESI Act is applicable to State Industrial Development Corporation's property and Whether Section 30(E) of Said act is applicable to said property. State Industrial Development Corporation Leased their property to Lessee, can bank apply SARFAESI Act to said Property. Any Supporting Authority Please share.
anandfarmania
25 February 2015 at 19:17
I am having a case in which my client is having a land on lease basis from kolkata port trust and total rent due is around Rs:- 60,000/- and he paid Rs:-10000/-.this payment was adjusted by port trust in suspense a/c.now he wants to start a suit against port trust.please suggest.
Karan Govel
25 February 2015 at 17:58
Person A is into the business of garments and deals in credit for buying raw materials. person A buys cloths worth 40 lakhs and goes out of business and is not in a position to repay the money. Supplier X files a case and case is referred to mediation. In the mediation person A tell the Judge that he will sell his property and pay the supplier X. In between A passes away. person X sends a legal notice to the Legal heirs of the A. it is observed that the property A had quoted in front of the mediator belongs to B and and A just had the possession and nothing else. Does X have any claims over the property or claims?
Additional Facts:
All bills were made in A's company name which was sole proprietorship.
Further B is A real brother but the property is question is B's own made property.
A has left no additional assets.
does A's Legal heir become liable to pay the amount.
If not can anyone help me with appropriate sections and citations of HC and SC.
Thanks in advance.
varma
25 February 2015 at 16:11
Can any one give Highcourt/or Supreme court citation regarding " G.P.A which has to be stamped not duly stamped eventhough it was registered,then also that G.P.A document becomes null and void."
Debjit
25 February 2015 at 13:18
I am a Ex Defence Person and fighting a case to evict one notorious tenant from my ancestral property. I am not having any ration card post joining Defence. But the oponent lawyer is disturbing my parent saying that as I am not having any ration card at my native place, I will not return to native again.
Just want to clarify what is the Ration Card rules for Defence pesonnel on joining Defence service.
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Appeal by insurance company in high court
If Compensation is awarded to Claimnt or applicant by MACT in Pune. And insurance without giving claim went for appeal in high court. In that case what will be consequence.If Appeal dismissed offcourse it will not change anything from previous order.
if Appeal admitted then what are possibilities. And answer below
1)Already Applicant getting judgment after 5 years and still high court can not give reasonable amount to claimnt though appeal is admitted?
2) And if Appeal is admitted when final decision happens in how many years? Here i want to ask specifically if appeal admiited then what will be next case satges till its disposal or does it happen when appeal admitted it disposed off simultanouslly?