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Shree. ( Advocate.)     15 May 2008

What is Notice of Motion?

 

 What is Notice of Motion? 


         The Plaintiff applies for urgent relief - seeking an injunction restraining the opposite party from disturbing the status quo, seeking appointment of a Court Receiver over the property so that the property is taken in custodia legis - (in the custody of the Court) etc. In Bombay, the application is called a Notice of Motion and in other places it is called an interim application. This is supported by an affidavit which briefly makes out a prima facie case and tells the Court that the balance of convenience is in his favour and that irreparable loss will be caused if the ad- interim relief is not granted.




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 10 Replies

ASHUTOSH (lawyer)     16 May 2008

sir yor anser is notice of motion means if we file any I.A. ( interim application) advanced copy should be given to opposite party means servise is necessary before filing

Yudhish Padman S (Advocate (Madras High Court) 9566217446)     22 September 2011

This is my humble opinion:


"Notice of Motion" in general is one of several stages of a case.  Let us take a Writ Petition for example.

Stage 1: "For Admission"

In this stage, the counsel for the petitioner has to argue the significance of the case and why it should be admitted.  At this juncture, the counsel may obtain any ad-interim orders for his miscellaneous petitions (interim applications in civil suits).

Stage 2: "Notice of Motion"

In this stage, since the case is a writ petition, the government would be notified automatically, but at certain times, the respondent might also include a private party and so, it is the duty of the petitioner to intimate the respondent that a case (suit) is pending against him.  This process of notifying the respondent that a case (motion) has been instituted against him is known as "Notice of Motion".  Summons/Private Notices has to be issued at this stage and Affidavit of Service should be filed.

Source: Case Flow Management

Krunal Modi (Advocate - Gujarat High Court)     25 April 2014

With due respect to Mr. Shree, I would say Mr. Yudhish is right ...."Notice of Motion" is a formal notification to individual or non individual(i.e. Respondent / defendants) , by a indi or non-Indi(i.e. Applicant / petitioner) who has approached the Hon'ble Forum (i.e. Courts or any Quasi Judicial Authority)  quoting the date and venue where & when hearing suppose to take place.....

(Sources :

Sample of Notice of Motion link: https://delhihighcourt.nic.in/writereaddata/upload/Downloads/DownloadFile_2UYN5W9S.PDF

Info on Same: https://thelawdictionary.org/notice-of-motion/

Regrds,

 Modi

Keep Blogging...

 

 


Krunal Modi (Advocate - Gujarat High Court)     25 April 2014

bhagwat patil (Property due diligence 9422773303)     25 April 2014

NOTICE OF MOTION... Formal notification to one or more parties that the named party has filed a motion (involving them in a lawsuit) before a court which will be heard on the stated date.

Abhi (owner)     14 March 2016

Dear Sir, Just wanted to know is this the last stage of argument in court or one of the initial stages?

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     14 March 2016

Notice of Motion @Sh. Krunal Modi's post is for Advocates. It will be nice if 'In Person' is made available.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     28 March 2016

Originally posted by : P Suresh
Notice of Motion @Sh. Krunal Modi's post is for Advocates. It will be nice if 'In Person' is made available.

 

Message above does not reflect corrections & gives wrong sense.

"Notice of Motion @Sh. Krunal Modi's post is for Advocates. It will be nice if the 'Notice of Motion' 'in cases where parties are 'In Person' is made available.

 

Adv. P.B. Agrawal. (Advocate)     29 April 2016

What is a NOTICE RETURNABLE by High Court to 4 Defendents Departments.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     01 May 2016

As far as I know, 'Notice of Motion' is served by the Party to the Opponents. It does not matter who, who all the Respondents are. THIS IS NOT SERVED BY THE COURT. The Court then decides whether it has to send a Notice.


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