Jamai Of Law
12 July 2012 at 19:35
Facts of the case:-
Party got slapped with mandatory injunction which was sought by opposite party (hence party is Judgment Debtor)
Party applied for 'Stay of execution' (stay of order and stay of operation within the decision vide O21 R 26 and R 29) before the same Court!!!
Also before the same Court .... party filed
1. Review O47 R1 (eror apparent on the face) as well
2. recall vide Sec 151 (alleging fraud upon court which committed by opposite party upon court)
Review got dismissed but again it was infested with grave error on the face!!!
Party applied for review against 'the dismissal of review'
This also got rejected erroneously and infested with errors!!
Now this is the time to move upper court!!! Now party wants to take it to superior court!!!
My Question is:-
Is it allowed to filed writ against all the above dismissals in addition to the perverse mandatory injunction order which was infested with error' IN SAME GO i.e. IN JUST ONE WRIT (multiple adverse orders to be assailed in one writ)??
i.e to put it in another way....
Writ against .............
1.Mandatory injunction Order which is to assailed
2.Dismissal of "Review of Mandatory injunction Order"
3. Dismissal of "Review of Review of Mandatory dismissal Order"
4.And also party needs to assail the dismissal of plea of stay of execution of Mandatory injuction order" as well.
In short finality of mandatory injunction is utterly required to assailed.
Note: It was given to understand (in this forum also) to us that 'origial mandatory injunction order wasn't appealable'.
Also dismissal of review is also not applealable.
Is is correct to move writ jurisdiction for all above 4 adverse decision against party IN JUST ONE WRIT Application?
All that is needed is the stay' on the operation and quashing of the samd injunction.
Hence all this efforts !!!!!!!1
(Opposite party has huge influence in court and money power as well !!!/very senior layers......... and our party had employed junior lawyers)
But fact of the matter is .... original injunction itself was blatant fraud.......dismissal of review is also infested with same and there is clear favour given to opposite party!!!
Please suggest remedy and advise on writ.
Regards
Jamai Of Law
31 December 2011 at 12:16
http://www.lawyersclubindia.com/forum/Judicial-abuse-office-power-process-whos-got-jursdiction--49311.asp
Contempt of Court, Abuse of process may also happen by 'officers of courts as well' (its not necessary that it has to happen only by litigants!!!)
If there is such an instance of Judicial abuse of power, authority, office, discretion (ofcourse, there is difference in each although in subtle ways but a lot of commonality is also there)...................
Either by ..........
a) Category 1: The presiding officer of Court (as a lawful public servent/authority) .......... OR
b) Category 2: Any other staff of court/officers of court (as a lawful public servent/authority , judicial as well as non judicial, such as prothonotaries / oath commissioner etc) ..............OR
c) Category 3: Any Other officers of court such as attorneys/pleaders/Lawyers etc
................Then who has the authority to make enquiry or complaint against them ? and finally who has authority to register a case against them? (E.g. 'Contempt of court' has to be initiated by the Court itself and a litigant can make only allegation of contempt or purjury or abuse of process etc but cognizance and complaint has to be by court !!..................... But if there is such misconduct by' any of the above categories' then what is the resourse of action?)
Please explain .............in the context of
Category 1) Civil Court JD/SD or Addl/joint District Court (or the ones deemed as district Court judges in Labour/Family/ESIC/Charity Commissioners etc and tribunals which report directly to HC not under principle court/district court) ........
Q1. Who's got authority to make complaints against this category of officers?
Q2. and where/who's got the jurisdiction to entertain such complaints against this category of people?
Please explain .............in the context of category 2 and 3 as well.
Also Please give refs of codified provisions such as code of conduct, laws and rules as well as case laws in this context.
Please share your valuable knowledge on all above
Thanks
JOL
Anonymous
17 June 2011 at 22:33
For judgment and decrees:-
There is sec 33 and O 20, Which tells that how court hears the matter and when passes the judgment etc.
But my question is about Orders :-
For passing orders:-
where are the analogous guidelines and legal provisions in CPC like above?
Can a court take "liberty" not to "hear" parties whiling making an order (Both parties have filed a lengthy written arguments!! And then court dispensed the stage of 'oral arguments'. )
Is it legally appropriate for a court make sua sponte order in such a fashion?
Jamai Of Law
17 June 2011 at 14:51
On the website of 'HIGH COURT OF JUDICATURE AT ALLAHABAD'
I get to see many cases with case type given as:
Case :- FIRST APPEAL DEFECTIVE No. - of
What is the meaning of "FIRST APPEAL DEFECTIVE" ? especially the word 'defective' in it?
Does that suggest that the citation has become defective or no longer has existance due to SC's subsequent ruling on it? Are these cases NOT supposed to be used as a citation? are these citations overruled and set aside by Supreme Court?
This also raises another doubt :-
How to find if any High court citation has been overruled and set aside by the Supreme Court or Not? Otherwise, if anyone uses any such citation of HC (which is set aside by SC) it may result in falling on the nose!!
Please give your experienced reply.
Regards
Anonymous
01 June 2011 at 16:20
How to get the docs marked towards plea of interim maint?
Matter is adj for arguments on it?
How do we do marking of evidence in such summary procedures?
I have recently started working as lawyer. I was a home maker.
I am not able to answer abrupt questions of the court. please help. There is already some prejudice against the wife as she was delaying the councelling initially.
I am handling a wife's case of divorce HMA, on husbands plea of divorce on cruelty and adultery.
Wife needed to file interim main aplication sec 24 and hence we did so.
All following filed on same day:
1)WS (without support affidavit, for time being)
2)List of docs+ docs: photocopy of marriage card, photos, hisband's sal slip etc
3)Motion of Int Maint + 4) Supporting Affidavit
5) Notice to produce original and latest salary slip and bank statement, and Notice to admit the fact that photocopy of husband's sal slip is correct and bank details etc, which is in the above list.
Court isn't giving any adjournments. Senior lawer is representing the husband.
and now court has kept the matter for framing and Arg on 'interim maint'. Husband has opposed the 'Int maint' on wife's adultery but has not denied notice to produce but rather in dubious manner.
Since int maint hearing happens without any exam-in-chief, How are we gong to bring husband's salary slip on record?
Court is neither making any order on 'notice to produce' nor 'willing to admit wife's documentary evidence of husband's earning'.
This is 'interim maint'. Cruelty or adultery isn't even framed yet in issues.
Anonymous
27 May 2011 at 22:30
What all functions and roles and designations are there in Family courts, especially in court room?
Can anybody clarify exact roles of each person?
inside of a court room:
Bench clerk, baillif, shirastedar, judge, reader, judgement dictation writer short-hand, Orderly, caller & announcer
outside of court room:
Counsellors
mediaters
oath commisioner
other staff (?? please let me know the designations)
Registrar
Records inchanrge
Who is petition writer? is it an another name/function of 'judgment dictation writer'?
What all other sections and departments are there in a family court? Similar information about following section also sought.
Records Room
Nazer Section (What is it called in english?)
Registrar Section
Administrator Section
Public information officer
Is there any other type of 'grievience section' in courts.
Does the legal service authority representative present in each court location?
I want know each and every type of person who is employed by government in family court.
Please mention any other role , designation which I missed out.
Anonymous
21 May 2011 at 20:46
Dear Experts,
Courts have always said that:-
"Stay of Execution" of a Money decree is normally not granted, and in only exceptional cases it may be granted.
Different rule of thumb is applied if decree is in regards to 'immovable property'.
I want to now the logic behind it.
Please post a SC citation where money decree's execution is stayed in appeal.
Jamai Of Law
19 May 2011 at 14:00
Sec 26 HMA in a Divorce suit 13ia:
Case is going on
Is it mandatory for wife enjoin/implead kid as a party in IA vide sec 26 of HMA in a divorce suit .....or rather .......... kid be made as a party alongwith mother as a party and represented by mother...against the father who filed divorce suit?
Was that mandatory ever before?
Even Order of child Maint actually doesn't say anything like 'IA as per Sec 26 or so' ............
Order of child Maint is about to be assailed in civil revision vide art 227 of COI
Its puzzling like googlie as to why suddenly this Q came up? ..........
Is there any clear citation that child maintenance may be obtained 'for the sake of child only' under HMA Sec. 24 ALSO.
(which may not make it mandatory to enjoin kid as a party to such IA)
Puzzling part of the situation is that earning wife asks maint 'for the sake of kid'? (Then it becomes a clear case of HMA 26 and hence kid needed to be enjoined as aparty and represented by mother!!)
Jamai Of Law
02 January 2011 at 00:02
This is extension to my query,
http://www.lawyersclubindia.com/experts/please-help-me-to-understand-strict-proof-aspect-in-CPC-O47-R-1-c-r-w-R-4-2-b--143336.asp
Thanks to Berman ji and Gupta ji, their comments has helped to word this query more appropriately.
Can I disect the Rule 1 of O47 as follows in 4 ctegories?
Is there Discovery of 'new'?
Is there Discovery of 'importance'?
And
Was it within the knowledge?
Was it unfeasible to adduce on time?
I want to stress that: 'There is "discovery of Importance" about a perticular evidence which after due diligence, litigant ignored, but hon. judge put a lot of weightage on it and passed order due to lack of evidence. And hence litigant is shocked!!!
And hence litigant wants to adduce it as 'important' evidence which was within the knowledge but couldn't adduce it but wants to adduce it now, as judge finds it important.
Pease explain my doubt.
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Judicial misconduct (intend to file complaint need help)
Judicial misconduct (intend to file complaint at HC, but to ensure it doesn't boomrang I need to draft it in proper wordings. Urgently need help)
Are there any case laws as to Fake Proceedings by judge? (exactly ssimilar to fake encounter of a detainee in custody. Detainee albeit he might be a wanted even in numeous murder charges/cases, but in police custody he is vulnerable party)
The case is pertaining to civil suit.
'Fake Proceedings' means Judge falsely purported that Oral Arguments were held and also stating in judgment that 'HEARD BOTH SIDES AT LENGTH', which is contrary to reality (Court had told the Petitioner that 'Judge is too busy' and take adjournment date instead. The senior lawyer of Petitioner expressed displeasure as this had happened twice. But deception played by court and again gave a subsequent short date
On the subsequent date, he rejected application by expressly wording it as .... 'I heard petitioner's ld. legal cousel .... bla bla blaa .... and application has no merits.')
Court steno/clerk who's dishonestly loyal to dishonest judge also played role in preparing the court records of that previous hearing date on which parties were told to take adjournment.
But there are some discrepancies.
How to tackle this.
Is fake proceedings the correct way to express above scenario?
I am not able to find any similar case laws.
Please help