anil
24 December 2021 at 23:45
Dear Expert,
In my property case which I filed partition suit in Senior Division City Civil court just 6 month back.
In that while filling suit, we filed temp. injunction application for not creating Third party interest and any kind of construction for maintaining status-quo.
Now opposite party filed there written statement. After filing written statement on next date opposite party filed one affidavit. Now due to judge retired case is pending for transfer, so we got some time.
When we ask court clerk they said word for affidavit something undertaking and statement made in this affidavit is false, as we have proof for this.
We want to oppose this affidavit and want to reject this affidavit as we want to get accept the temp.inj. application, hence we are thinking of counter affidavit.
I want to know,
what is counter affidavit and will it be come under any CPC provision.
Will counter affidavit Allowed to submit in Senior Division Civil court.
Is any other provision to reject or refuse this fake affidavit.
Currently case is pending for temp. injunction application.
Will counter affidavit help to oppose this opponent affidavit or any other way that we oppose this affidavit.
kunhi marakkar
24 December 2021 at 15:18
Sir
I am a cowner of my deceased father's property.civil court allowed partition suite on this property.but execution petition not filed yet.can I sell my share on this property to a third party who is not co owner in this property.should i waite until judgement on EP ? Can I sell my share to one of co owners of this property? Because dicision taking long time due to busy in court
Anonymous
19 December 2021 at 15:26
Hello,
I would like to know if evidence (statements and exhibits) from a criminal case is admissible in a civil case for compensation, and such evidence can be relied upon in the civil case.
Conviction was awarded in the criminal case, but appeal against it is pending before the High Court.
I found a judgment of Supreme Court that deals with admissibility of evidence between two criminal cases, and also two civil cases. https://www.casemine.com/judgement/in/5609aba4e4b014971140cf94
In the said judgment, it was held that evidence of one criminal case is not admissible in another criminal case. However, in (two) civil cases it is admissible when the parties agree or give consent.
What would be the legal position regarding admissiblity of evidence of a criminal case, in a civil case, and if such evidence can be relied upon in the civil case? Would such evidence be admissible with consent, if at all, and can be relied upon?
Please also provide important judgments/citations in this regard.
Thank you.
Sorry for being anonymous but it is important.
Anonymous
19 December 2021 at 12:35
We had filed declaration and permanent injunction suit. Now suit is decreed in our property.
However out of total schdule suit property some portion is sold by defendant during the pendency of the suit and transferree is in possession.
Can we take the possession based on our Declaration suit? or should we file seperate suit against tranferred during the pendency of the suit? if yes, what type of suit we need to file?
Anonymous
18 December 2021 at 22:24
My uncle purchased a property 10years
Ago recently he wants to gift the land to my wife in that process i found that an error of surway number my uncle sale deed
and out 5 persons 3 are deid remaining 1 person not trasable 1available to get rectify that error legal heirs of death persons are not trasable the sub registrar denied to recitify with one person what to do
Anonymous
14 December 2021 at 11:43
Regarding SLP(C) No. 031566 of year 2018 , there is no tentative date. Previously it was supposed to be listed today i.e 14 December 2021 and last hearing was on 15december 2020
Anyone could please explain such thing? Is it a bug/glitch or what is it then?
Anonymous
13 December 2021 at 19:07
I am appellate from Hubli in Karnataka in a matter of arbitration proceedings held at Chennai, by the sole arbitrator as appointed madras high court. Award of the arbitration is now challenged at Hubli. Our contagion is that the arbitration suit is maintainable at Hubli as the cause of action has arisen. Another side contention is that the arbitrator seat is at Chennai thus suit is to be filed at Chennai.
Anonymous
09 December 2021 at 09:41
PLEASE ADVICE EFFECT OF FINAL ORDER/DIRECTION ON PERSON/SOCIETY (ASSOCIATION/GROUP OF PERSONS) IF PERSON/SOCIETY NOT DESIRE TO APPEAR OR FILE VAKALATNAMA AS THEY ARE FORMAL PARTIES
PLEASE TREAT THIS MOST URGENT
SHYAMSUNDER BUBNA
09 December 2021 at 09:37
PLEASE ADVICE EFFECT OF FINAL ORDER/DIRECTION ON PERSON/SOCIETY (ASSOCIATION/GROUP OF PERSONS) IF PERSON/SOCIETY NOT DESIRE TO APPEAR OR FILE VAKALATNAMA AS THEY ARE FORMAL PARTIES
PLEASE TREAT THIS MOST URGENT
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