Raghav saggar
15 May 2015 at 11:01
I want details of nature and rationale of appeal
Wat will be d exact content 2 write for dis topic
jiten
15 May 2015 at 10:29
very good morning to all of you,
actully i need your help,thing is a private company wants to search some party's address for his legal matters,matters is going on in court but summons not served to that party's ,company requested to court to grant some time as they are going to hire security service for the same and sumbit the adress in court with in a month,court granted the same.
now company wants to hire secuirty service for party's address only(so that summons can served),so company wants to execute the agreement for the same can you pls send me draft of agreement,what is the responsbility involve of both the party's in agreement.
kindly help me.
regards.
Rajesh Tandon
15 May 2015 at 08:10
1.It is a query regarding filing of the written statement. I'm a government servant. Recently in the land case related to our department, I had to file written statement. I have filed a written statement. But I was not aware that an affidavit also has to be filed with the written statement. The special executive magistrate is presently on leave. The bench clerk had received written statement and has sent a copy of the same to the petitioner (I believe). As it is we got the process issued by special executive magistrate 20 days late whereby we missed submitting the written statement in time whereby the special executive magistrate had already taken the decision against us.
2. It is only today that I came to know that by amendment of 2002, there is a period of 30 days from receipt of the summons wherein the written statement has to be filed and while filing the written statement day before yesterday, we are still well within this period of 30 days but my worry is that I did not file an affidavit with the written statement and this may give an opportunity to the petitioner to raise the plea that written statement has been filed without affidavit and probably he may request the court to reject such a statement and yet preparing his defence further.
3. This was a case of imposition of section 144 CRPC.
4. Subsequently, yesterday I have filed another application under clause (5) of section 144 CR PC for rescinding the said order passed by special executive magistrate based on the facts and circumstances of the case but that also without affidavit. The requirement of filing the affidavit with the written statement came to my knowledge today morning only through one of the Query answered by somebody on this forum.
5. What are the options available to me. Kindly suggest.
a) Firstly, Can an affidavit be given at this stage separately . If so can a combined affidavit be given for the written statement as well as the fresh application filed under clause (5) of section 144 CR PC for rescinding the said order or to separate affidavits to be given.
b) Secondly, is it that both the written statement as well as the fresh application as mentioned above to be withdrawn and resubmitted with the affidavit.
c) What consequences could be there is the option b) is excerised especially when the bench clerk told me that the copy of written statement submitted by me has been already sent to the petitioner.
d) Do I submit the reasons in the affidavit for not filing initially with the written statement and the fresh application as to my ignorance about the same.
e) Could somebody throw a light as to what could with the format of such affidavit for written statement as well as fresh application.
6. An early reply will be highly appreciated due to the peculiar turn of the event in the case.
Rajesh Tandon
15 May 2015 at 07:06
1. In the soft copy of the training manual of the executive magistrate (as downloaded from the Internet), a case citations is given under a query. The same is as appended below
Q- Limit of Jurisdiction under section 144 CRPC.
The magistrate cannot order a party to be dispossessed and other party to be in possession in proceedings under section 144 CRPC.
In 1988, CrLI, NOC 6 (Pat)
2. The abbreviation of CrLI could be a misprint. I presume it must be criminal Law Journal. However it is not understood what is NOC 6. Further, I presume Pat must be a reference to some judgement of Patna High Court.
3. I'm a government servant.This reference is urgently required for defence of our case of government land against the encroachers. Could somebody throw light on what is NOC and how to access to the actual judgement or details of the full text in the Law Journal so that the same can be shown to the Special Executive Magistrate in our case or how and where to obtain from, the said judgement? I would be grateful if somebody could throw the light of this. I have searched the Internet extensively but could not get any access to the said judgement of which the references is given.
Sashi Kumar
15 May 2015 at 03:14
What is the time limitation for filing a Money Recovery suit by the buyer.
Unregistered Sale Agreement signed & Bayana Paid on - June 10 2012
1st payment due date - Aug 10 2012 - (Buyer did Not make payment)
Execution of Sale deed Registration & Final Payment due on - Oct 10 2012- (buyer did Not make final payment also)
Contract was cancelled, deposit was forfeited by seller due to non performance in Dec 2012.
My Question: By what date can the buyer file money recovery law suit?
Krishna
15 May 2015 at 00:41
I HAVE FILED A CIVIL SUIT. I AM APPEARING PARTY IN PERSON. I WANT TO CONTRADICT ONE OF MY OWN WITNESS. WITNESS CROSS-EXAMINATION IS OVER ON LAST DATE. I WANT TO USE SECTION 145 OF EVIDENCE ACT. SHALL I NEED TO MADE AN APPLICATION IN THE COURT TO USE THIS SECTION. OR IS THERE ANY OTHER ACTION OR ANY OTHER REMEDY AVAILABLE IN THE LAW.
anilgupta
15 May 2015 at 00:13
my father build a residential house in kanpur (u.p)1970. after my father death this house is tranfer in my & my brother name in 2006 by kanpur nagar nigam. I am unmarried & financially weak .due to this my brother &his six son want to forcely acquired my 1/2 share in this house. so please tell me partition court fees of my 1/2 share .so that I manage money before file partition suit.current Market value of my house is 1carore & house tax is Rs 5000/ per year value of my house was Rs3816/-in1970 pls help me
anilgupta
15 May 2015 at 00:08
my father build a residential house in kanpur (u.p)1970. after my father death this house is tranfer in my & my brother name in 2006 by kanpur nagar nigam. I am unmarried & financially weak .due to this my brother &his six son want to forcely acquired my 1/2 share in this house. so please tell me partition court fees of my 1/2 share .so that I manage money before file partition suit.current Market value of my house is 1carore & house tax is Rs 5000/ per year value of my house was Rs3816/-in1970 pls help me
Aniket Doshi
14 May 2015 at 23:59
District court passed 156-3 .What to do next? what about quash of FIR? Is it that session court influenced by media ? What r the consequences? Plz help.
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dispositional alternatives under probation of offenders act
I want d details. On dispositional alternatives under probation of offenders act 1958
Pls reply asap