Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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pushkar nehete (lawyer)     06 June 2011

Procedure to file Caveat in district/session court

Respected Sir,

i want to know step by step procedure to file caveat in distctrict court/session court,



Learning

 10 Replies

ashwani vij (head)     06 June 2011

caveat is advance information to court if there is any proposed suit by plaintiff against defendent and advance copy is served on proposed plaintiff thn along wd service caveat is filed in dstt cts r high court its valid for 3 months frm d date f filing 

pushkar nehete (lawyer)     06 June 2011

Thanks for the information  Ashwani sir, but i want to clarify one thing that, advance copy of "what" to be served on plaintiff along with caveat? and what documents need to be attached along with caveat?

ashwani vij (head)     08 June 2011

advance copy of your caveat n when u file u have tov file the postage proof its simple application of intimation to inform u if he is filing case against u no doccument is required only copy of post

Atul D Suryavanshi (Attorney - JC Law Firm)     24 June 2011

Dear Pushakar,

I agree with the information provided by Mr. Ashwaniji.

The Caveat is based on the Latin Legal maxim Audi alteram partem that literally means "hear the other side" or "hear the alternative party”. On filing the Caveat it is binding on the Court that the Court should not proceed in the matter unless and until Court heard Caveator. Generally Caveat is filled in Appellate Court after the decision in Lower Court. The Caveat is valid for  90 days only. The general Practice in Caveat where an appeal is likely to be filed can be seen as follow

1. Send the Original Copy of the Caveat Application to all necessary parties who can file the Appeal the judgement of Lowe Court.

2. The copies must be sent through the registered post.

3. The Caveat application is to be filed in appropriate Court along with the Judgement of Lower Court.

4. The Prayer of the Application must read out that – The Caveator must be heard before deciding any application or Appeal against the attached Judgement of Lower Court in which Caveator is the party.

5. Along with the Caveat Application , a simple application explaining to the Court thatThe Caveator already have sent the copies to all the parties, Therefore The Court need not to send them notices. (attach the receipt of Post Office)

Thats it....

Let us know if you need any clarification or information .

Atul Suryavanshi

Attorney – IPR – JC Law Firm, Jalgaon

09923552956 E-mail - justacausa.lawfirm@gmail.com

Arpit lalan (Legal Consultancy/Advocate)     15 September 2011

Mr. Suryavanshi,

                            A totally apt and perfect reply. Thanks for the amazing knowledge on the said topic.

Atul D Suryavanshi (Attorney - JC Law Firm)     16 September 2011

Thanks for the appriciation.

Regards,

 

Atul Suryavanshi

Attorney – IPR – JC Law Firm, Jalgaon

09923552956 E-mail - atul@justacausa.in


pushkar nehete (lawyer)     17 September 2011

Dear Atul,

Thanks for the satisfactory information you shared  with me as well as others!

Thanks & Regards

PUSHKAR NEHETE

Atul D Suryavanshi (Attorney - JC Law Firm)     17 September 2011

We are here to share the knowledge and information....

Wellcome all...

Regards,

 

Atul Suryavanshi

Attorney – IPR – JC Law Firm, Jalgaon

09923552956 E-mail - atul@justacausa.in

1 Like

Ravinder Reddy   17 March 2016

Dear Sir/Madam, We have some land in tenancy act and have passbook n pahanis registered with our names and we recently started cleaning it n make it into plots n came to know that already some extent of land had been made it into plots for 40 people.. Since these people have registration documents do they have a chance to take injection order if so shall we file an caveat.. Please explain how to file caveat.TIA

Ravinder Reddy   17 March 2016

Dear Sir/Madam, We have some land in tenancy act and have passbook n pahanis registered with our names and we recently started cleaning it n make it into plots n came to know that already some extent of land had been made it into plots for 40 people.. Since these people have registration documents do they have a chance to take injection order if so shall we file an caveat.. Please explain how to file caveat.TIA

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