Anonymous
22 August 2023 at 01:28
Plaintiff filed a suit for possession against the defendant. Defendant moved an application under order7 rule 11, CPC for rejecting the plaint on the ground of failure to file the sufficient court fee. The application was dismissed by the trial court. However revision was allowed by the high court with effect that the trial be continued but judgement be stayed until the court fee is paid. Plaintiff instead of filing court fee in the trial court, filed an SLP in the Supreme Court. Supreme Court did not grant the stay. Meanwhile, as the court fee was still not paid by the plaintiff, the trial court rejected the plaint and consigned the case file to the record room. Thereafter, Supreme Court allowed the Plaintiff's application against the order of High Court (Supreme Court was misled by the plaintiff as the fact of rejection of plaint was concealed). Now, the Plaintiff moved an application in the Trial court and the trial court restored the suit without intimating the defendant. Is it legal? Please help and give the remedy with relevant case laws.
shyam lal
20 August 2023 at 11:46
hoisted flag on 15Aug on residence was pulled down by hodlums .can a acomplaint be made..what is the punishment ..?
Anonymous
20 August 2023 at 00:48
Can a joint GPA given to one Agent be revoked by one principal alone?
In my case Mother and Sister has given GPA to Son…..After 15 years Only Mother has revoked the GPA ( Registered Revocation)…… is this a valid revocation ?
As no notice issued to Son ( Only oral revocation as said in revocation ) and Sister is completely not aware about the said revocation
aslamskhan
19 August 2023 at 17:59
A legal letter required to examine why a land alloted for constructing 6 chawls. All chawls has property no. And sub code. 1 out of 6 chawls constructed cannot be issued name on property tax.
Whereas all 5 chawls has name of their owners on property tax receipt....
Anonymous
19 August 2023 at 13:49
my wife name is used as performa party for a money suit case wherein she is not involved in anywhere .kindly suggest how to submit written statement as i cannot afford a lawyer
Anonymous
19 August 2023 at 12:56
One of my friend's surname has been changed due to some reason. She has made the changes and has the gazette of the new surname. She wants to change her surname in the electricity bill as well. What would be the process? She owns a flat in a Co-operative Housing Society in Mumbai.
shyam lal
19 August 2023 at 11:12
The immovable proprty has been divided by percentage basis but not physically demarcated .there by no share holder is able to sell/ give possesion to a third party..situation is out of frustration one of the share holders wants to donate/gift /charity.. his share to a temple/ngo..Query legally is it permissible?
Anonymous
19 August 2023 at 01:00
is it legal to obtain a copy of a will and reveal it to others before the will owner's death without his permission? .
my brother's will has been revealed to his sons by one of his friends.
Since then my brother has been facing a lot of problems from his son who is excluded in that will ?.
can we file a case against that friend who is also a lawyer for revealing his WILL to his sons without my brother's permission?
Afroze Ali Syed
18 August 2023 at 23:57
If the civil case, original suit is at awaiting reports stage for about 6 hearings, approximately 10 months. What do I do to move the case forward?
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Dv act and section 128 crpc
Case background:
Already divorced in 2017. She filed a Domestic violence under sec/12(sec-18,19,21,22)including full false allegations along with asking maintenance to her and my minor daguther in 2018. Unfortunately, it was a ex-parte order i didn't appear for the case. The order was in May 2019 summarized that the false allegations were not proven and only remedy is to provide Maintenace to my minor daughter.
In 2021, i filed a Visitation rights which is pending in family court. In dec, 2022, she filed a petition under Sec 128 of CrPC connected to DV judgement in CJM court.
Queries:
1. Is Section 12(sec-18, 19,21 & 22) of DV judgement can be enforced through sec/128 CrPC? Why she didn't file under sec/31 of DV act / 468 CrPC convertable? Due to time limit expiration of sec/31 she didn't file or might be anyother reason?
2. In DVC, Can she file section 128 of CrPC to connect DV case? Will it be maintable? can i challenge to dismiss the petition because of time delay or can't file DV case judgement in sec128/CrPC?
(DV case Judgement date was May 2019, after that her sec/128 filing date is Dec/2022. Registration date is July/2023)
3. Or how should i proceed with this case?
4. Shall i gohead to trasnfer my Visitation rights case and this Sec128/CrPC or challenge the same if i'm able to win with any strong suggestions?
(Note: already a police complaint done and CSR has been provided against petitioner's father. This may be a strong ground to get transfer direction i believe)
Thanks in advance