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yogesh   30 October 2009 at 08:50

Case laws favoring petitioner for non joinder of the parties

Dear Sir,
Please provide me the case laws which has favoured the petitioner for nonjoinder of the affected parties??
Regards

yogesh   30 October 2009 at 08:48

Whether petition can be dismissed on non joinder of parties?

Dear Experts
Please advise whether the petition can be dismissed on the non joinder of the affected parties even his fundamental rights have been infringed??
If the individual does not want his colleagues to made his parties and also doesnot want the affected order should passed against him??
Reagards

Kumar Krishan Agarwal Advocate   29 October 2009 at 23:21

Making party to State

Dear Sir,

Suppose 'P' VS 'R1, R2' is contesting a civil suit. Any Interlocutory order passed against P. Then P decides to file revision as
Crl Revision: P Vs State
so that the R will not interfere and the order will be easily set aside. It is wrong or right.

Or

We have to make the same parties in the revision which were in the civil suit or in the order.

yogesh   29 October 2009 at 22:43

Final reply from experts regarding filing Written Arguments

Dear Respected experts,
I have posted the message earlier but there are ambiguities and different opinions are there which made me confused in taking the correct procedure
I reconcile the same
In previous hearing at the Hon'ble CAT, I made my plea to file the writeen arguments which was turned down by the Hon'ble Tribunal But some of the members advise me to go ahead in filing the same as if it get rejected It will be the good ground of AppealIn the light of the aforementioned facts what should I do whether I should file the Written Arguments or not?
Your opinion definately help me in giving right direction
Regards
Thanks in anticipation

yogesh   29 October 2009 at 22:40

Final reply from experts regarding filing Written Arguments

Dear Respected experts,
I have posted the message earlier but there are ambiguities and different opinions are there which made me confused in taking the correct procedure
I reconcile the same
In previous hearing at the Hon'ble CAT, I made my plea to file the writeen arguments which was turned down by the Hon'ble Tribunal But some of the members advise me to go ahead in filing the same as if it get rejected It will be the good ground of Appeal

In the light of the aforementioned facts what should I do whether I should file the Written Arguments or not?

Your opinion definately help me in giving right direction
Regards
Thanks in anticipation

Kumar Krishan Agarwal Advocate   29 October 2009 at 22:36

Order VI Rule 17

Dear Learned friends,

I have a case of property from plaintiffs in which the Ex-parte injunction order has passed after that adverse parties file W.S after that I filed the fresh Amendment on the same cause of action but narrated all matter of fact which are not told in Plaint and after that Rejoinder of W.S.

But the court has dismissed the amendment that the trial has commenced or started off?

While the amendment the court has to be very linent as [Andhra Bank v. ABN Amro Bank N.V. & Ors (Civil Appeal No. 2946 of 2007) decided on 10 July, 2007]

2. Will the application for filling REPLICA is possible after rejoinder so that I copy all the part of the 'dismissed amendment' into REPLICA.

3. Any amendment granting SCC or HC ruling and its crucial wonderful marker lines in judgment if any to be noticed ?


Kumar Krishan Agarwal Advocate   29 October 2009 at 22:22

O.VI Rule 17

Dear Friends,

What is the clear mean of this ?

Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.

According to your own interpretation.

Anonymous   29 October 2009 at 20:00

dacoity

my truck was looted in a dacoity in dhanbad p.s.(jharkhand).FIR WAS FILED.NO INVESTIGATION REPORT WAS FILED BY POLICE IN 14 MONTHS,AND JUST AFTER MY TRUCK WAS FOUND IN BUNDU P.S.(JHARKHAND)WHERE A FIR WAS FILED FOR ACCIDENT NEAR BUNDU P.S.,WHICH WAS DONE BY DACOITS.WHEN I AND POLICE OFFICERS OF DHANBAD P.S. WENT TO BUNDU P.S. TO SEIZE THE TRUCK,BUNDU P.S. DISALLOWED US.WHAT CAN I DO? PLEASE HELP.

Anonymous   29 October 2009 at 16:52

Private Trust

Hello.

My Grand father's grand father had created a provate trust and got it registered with sub registrar in rajesthan state.

The trust was formed by my great great grandfather in 1952 and appointed fouur board of trustees and my grandfather as the manging director of the trust. the other three members have died and one of them was the legal decendent of my great grand father. the trust was formed with the purpose of serving sadhus and doing charitable work. under the trust there is a property.

now all the legal decendents of my great grand father wants to sell the property.

Can you please tell whats the process of selling the porperty and is there any legal complication.

Please note that this is a provate trust and its mentioned cleally only the legal decendents can be made the trustees in future.

Member (Account Deleted)   29 October 2009 at 14:40

Order 39 rule 2A

Whether for the breach of violation of a interim order passed by a subordinate court under Rule 1 & 2 of CPC. Contempt petition under Section 10 of Contempt of courts act, 1971 maintainable?