vaishali
30 November 2008 at 20:11
hello, r\sir
my que. is that,can a court executing the decree go behind the decree? any citetion on that point.
thanks!
vaishali
30 November 2008 at 20:03
hello,sir
i want to ask that, when can a court pass an order of attachment before judgment?
i gone through order38, rule5 but consept is not clera yet.is it a discretionary or mendetory?
thanks!
vaishali
30 November 2008 at 20:02
hello,sir
i want to ask that, when can a court pass an order of attachment before judgment?
i gone through order38, rule5 but consept is not clera yet.is it a discretionary or mendetory?
thanks!
Vikram Chandra
27 November 2008 at 20:38
Respected Sirs,
My Query is - Whether parties are necessary to be present on the day of compromise along with the counsels. Specifically, if the Plaintiff attends the court along with his counsel and reports before the court that he had no further issues with the defendant and the matter can be decreed as per Or.23 R.3. Further,can the counsel on behalf of defendant say that his client is not in a position to attend the court but he has no objection to carry on with the compromise. Whether the defendant should file any petition seeking his dispense of physical presence inview of his counsel's presence. Can the court decree the suit as per the wish of the counsels of plaintiff, defendant and the presence of Plaintiff.
KANDE VENKATESH GUPTA
27 November 2008 at 09:12
Whether "X" a Company incorporated under the Companies Act can appoint "Y" another Company Incorporated under the Companies Act represented by its Manging Director, as the General Power of Attorney, to institute and sign the pleadings in a suit againt "Z". I am appearing for the Defendant in the similarly situated circumstances. Please help me with the decided cases or your valuable opinions either on my mobile, post or e-mail so that I can draft the written statement. Now the matter stands posted to 5-12-2008 for W.S.
Thanks in advance,
Yours,
Venkatesh Gupta K.
Advocate,
H.No: 1-1-16/1/2/A
Jawaharnagar, RTC Cross Roads
HYDERABAD - 500 020
Ph.No: 27650240/9885808021
Mail: venkateshgupta_kande@yahoo.co.in
PH:
R.Manivasagan
26 November 2008 at 21:44
Sir,
I had filed a suit for Partition and declaration at Munsif Court since the share value is below Rs.30000/-. the Defendants entered appearance filed their Written statement, Counter, Drafted Issues in the first hearing itself. Subsequently, we had filed an application to amend the Plaint to include an ancestral property worth about 5 lakhs and we had 1 lakhs as our share in that property. According to our proposed amendment, if that application will be allowed the value will exceeds 1 lakhs and the present Munsif Court has no jurisdiction. In my matter, without allowing the amendment application, the Munsif Court returned the Plaint and other marked documents to represent the same before the proper court.
our contention is
1. without allowing the amendment application the Sub judge Court has no jurisdiction to take the suit on file.
2.The Munsif Court must pass an order in the Amendment application.
3. If our application will be allowed, the Munsif court may frame an issue regarding the jurisdintion and after that only the plaint should be returned.
Please clarify whether we correct in our stand or not.
Kiran Ahlawat
25 November 2008 at 20:56
is there any differnce between the terms case and suit? i tried to find in some law dictionaries but couldn't understand the difference.
Nitin Mehrotra
25 November 2008 at 13:09
please tell me the duration of the period of physical separation among husband and wife which is necessary before filing for divorce.a friend of mine is not living with his wife for last 5 months.neither they talk over phone.they have a child 1 yr old living with his wife.they are married for 1 year.can he file a divorce case as he is not keeping good health and wants to re-marry.
venkat reddy
24 November 2008 at 07:40
in partition suit knowingly or unknowlingly on of the properties was not mentioned in the suit what will be the fate of the suit.
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can court go behind the decree?
hello, r\sir
my que. is that,can a court executing the decree go behind the decree? any citetion on that point.
thanks!