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Rasik Dagli   24 September 2008 at 12:15

Subsequent pleading under Order 8 Rule 9 of Civil Proc. Code

As per this provision of Order 8 Rule 9 of C.P.Code subsequent pleadings regarding Set-Off or Counter Claim can be filed without the leave of the Court.Other pleadings do require leave of the Court. I could not find any direct Judgement on this point either of Supreme Court or any recent High Court Judgement. If any Lawyer or Expert find any judgement directly on this point, reply may be posted on this column.Thanks.

sagar madan   24 September 2008 at 09:42

Notary in India

What are the requirements to become a notary in India?

Gopinath   23 September 2008 at 10:37

Construction Contract

This is regarding a dispute between the Owner and the Builder.
As per the agreement between the owner and the builder we should pay what was entered as sqt rate. But the builders agreement did not list about charging for Lift charges for the construction of property in the agreement no where or a disclousre. But now he says that is exculding the charges which we are suppose to pay irrespective of whether it is in agreement or not.
Please let me know what would be the final consequence if he is filling a case against us for not paying for the lifting charges which are not part of the agreement.
Thanks

vinod bansal   23 September 2008 at 08:10

suit for compensation

Sir
My friend was beaten badly by jail authority when he was in jail in a crl case ,Fir uss 323/325/506/34 ipc has been registered against jail official now my friend wants to file a suit for compensation on account of torture by jail personal...under which provision we can file this suit further is there any court fee i have to deposit in court for this suit.....can i file suit us 19 of cpc plz enlighten me....TRhanx
vinod Bansal

allurisivajiraju   23 September 2008 at 07:44

Amendments in Execution proceedings.

Respected Seniors,

In a civil case ofter obtaining Decree the DHr filed a petition to attach the amount of the JDr which was pending in the Savings Bank Account. The Court attached the said amount and conducted enquiry onthe said amount and after that passed an order in favour of the DHr.

Meanwhile the said Bank changed account numbers of all its customers due to computerisation and administration purpose.

After that the DHr filed a petition for sent for the attached amount from the Bank to Court. But the said Bank instead of sending amount to the Court gave a reply that the account number of the JDr was not tallied.

It is very clear by the earlier experts opinion that the there is no possible to change the account number by filing a petition U/O 6 R. 17 of C.P.C.

In the above circumstances what are the options available to the DHr for obtain the said attached amount. Please refer any citations in favour of the DHr.

Thanking You Sir.

allurisivajiraju   22 September 2008 at 07:54

Order 6, Rule 17 of C.P.C.

Dear Seniors :

Whether the Order 6 Rule 17 of C.P.C. is applicable in Execution side ( E.P. Proceedings ) or not. Please advise me, if yes please refer some decisions.

Rajaram C Iyer   21 September 2008 at 19:55

Specific Performance of Contract

Dear Members,

Can anyone give me a sample plaint for Specific Performance of Contract.

Thanks

devojit goswami   21 September 2008 at 08:20

service of notice

The plaintiff filed a title suit mentioning the address of the defendant. Notice was sent. defendant responded to notice, filed written statement and contested the case.
In the first Appeal also notice was sent to the defendant in the same address. he responded to the notice and contested the appeal.
In the second appeal at the High Court also notice was sent in the same address of the defendant, but this time the notice was sent back with an endorsement of the postal department mentioning that the address was incorrect/addressee not found.
Is there any precedent that if notice is sent in the last known proper address and they are returned back with endorsements as mentioned above, notice can be deemed to have been served?
Kindly help me in this regard.

susanth nair s   21 September 2008 at 07:14

easementright

plz explain ingredients to be pleaded for easement by necessity with latest s.c ruling

Ladhu Ram Chowdhary   20 September 2008 at 22:29

difference between

What difference between sec.26(2) C.P.C. and order 6 Rule 15(4) c.p.c about affidavit



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