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N.Vignesh Kumar (Civil Engineer)     18 August 2011

How to get adjournment cancelled?

Respected Sirs,

 HOW TO GET ADJOURNMENT CANCELLED?

Regards.

N.Vignesh Kumar



Learning

 4 Replies

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     18 August 2011

 

Court has to be approached with definite reasons for it because adjournment per se is not enforced, but is a mutual process. But then, at times, you get cheated ............... then you would want to get it cancelled.

At the outset, one has to define court, decision, adjournment in the context of this question:

* Court comprises of 2, rather 4 more components: the two parties, law, society.

* Weightage of/in decision: Court gets 50% weightage, 20% each for the two parties, 5% each for law and society.

* Adjournment: Court fixes next date in the case. It is binding on both the parties. However, court has only 50% weightage. There could be some extraordinary circumstances when one amongst the other 4 components that carry 20, 20, 5, 5% weightage could take 100% precedence. This is an establilshed procedure. However, it is governed by CPC, the mother of all laws. 

* Adjournment (i.e. modifying the next date of hearing of a case) is governed by Order 47 of CPC. 

So, answers to these questions will determine whether you stand a chance to get the adjournment  cancelled:

* Did you consent (writing)?

* How did it happen? - Were you forced/cheated?

* Has your fundamental right/s been violated in the trial?

* Has opposite party lied/submitted false evidence/any falsity, whatever it be?

* Have you come across some evidence/information that did not exist at the time when the adjournment was granted?

* Is there any deceit/violation?

If answer to ANY of the above is yes, you should complain to the court.

Can a professional please address the 'HOW' part?

Alok Tholiya (self employed)     18 August 2011

V. Good reply with full analysis.

girish shringi (advocate)     20 August 2011

It has become a precedent in the copurts,nobody can ractify this situation in the country.

We need some revolutionary measures in it.

Nahi to:TARIKH PE TARIKH....................................................................................................

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     20 August 2011

One illegal adjournment HAS, WILL, WILL BE changing the entire course of Justice once for all. An innocous looking adjournment that is tharik change turns to be a WHITE COLLAR CRIME that cannot be done justice in any way right through. IT IS A CALCULATED CRIME AND NOTHING LESS. Let us remember that we are addressing this neo-CRIME. 

So, professionals, please dig out solution from existing rules to tackle this professional challenge. 

It is happening to one man today, it will happen to many others tomorrow. You will come to know some, hoards will die off silently, but then, the world is round, the poison will engulf you sooner than you can even imagine.

WHEN, WHEN? WHAT, WHAT? HOW, HOW?


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