Embedded Files
Case is filed, Case is numbered/registered, case is admitted, case is posted for arguments/hearing, ... ...
case status= pending due to objections, pending for listing, pending for scrutiny, pending as not decided, returned due to objections,, pending for disposal as the trial is under process, disposed as the final order is issued, ???
disposal type: withdrawn
order type= interim order, final order, ... ...
case disposal types= dismissal, acquittal, conviction, or by granting relief to the petitioner.
What is meant by decreed with cost?
The term "Decreed" means that the court has made a final judgment or order in the case, resolving the dispute between the parties. The term "with Costs" means that the court has ordered one party to pay the costs of the proceedings to the other party.
The term "with Costs" means that the court has ordered one party to pay the costs of the proceedings to the other party. This could include legal fees, court fees, and other expenses incurred by the winning party during the course of the case.
Dismissed without costs means Plaintiff failed to prove his case to the satisfaction of the court and hence his case is dismissed without costs. Costs menas he will not get court expenses such as couer t fee, batta AND LITIGATION COSTS ETC
When a 'case is dismissed with costs', it means the petition has been disallowed (failed) and the petitioner must pay the necessary costs incurred by the party responding to it ie. the trouble and expense that party went to defending and succeeding in their defense.
Case Disposed of means the case is over and the proceedings are completed by the court. A case is said to be disposed of when the reliefs sought are either granted or rejected partially or completely and the particular case is closed without any further hearing required. A case Disposal includes dismissal, guilty plea, found guilty or not guilty at a trial by the judge
Disposal basically means all the issues are looked into and the judge has given his final decision on the matter.
dismissed=If a wrong complaint has been filed, Evidence is not there,
In dismissal, the court passes its judgment without even hearing to the plea, if any of these are present:
If a wrong complaint has been filed
If a person is not satisfied with the arrest
If the witness is not available
Evidence is not there
CAN A DISPOSED CASE REOPEN?
A Disposed Case can be reopened for many reasons:
If either the party to the case is not satisfied with the final judgment.
Due to some mistake, the relief can be granted
If any new evidence is found relating to the case which can alter the judgment
WHY THERE IS A DELAY IN THE DISPOSAL OF CASES the people drag their point of grievances in the court of law which can be solved even outside the court. People should be made aware of the Mediation which can help a lot of cases to be solved outside the courts.
cause list a list of cases awaiting a hearing = a legal calendar
cause title= details of "b/w parties"
Ca·ve·at/ˈkavēˌät/ noun I. Google search 1.a warning or proviso of specific stipulations, conditions, or limitations:
"there are a number of caveats which concern the validity of the assessment results"
What does the word caveat mean?
Simply put, the term caveat is a noun that can be defined as a clarification or warning of various acts. It can also be used in reference to the law, defined as a formal notice filed with a court or public officer to refrain from taking some specified action without giving prior notice.
As we also talked about, when a lawyer asks for a break in proceedings, the legal term is a caveat. If a lawyer is trying to issue a caveat, this, in turn, means they are filing a formal notice to postpone the trial until their client receives a hearing.
a caveat is defined as a cautionary detail that should be considered when interpreting, doing, or simply just evaluating an action.
II. Merriam Webster caveat
1.a: a warning enjoining one from certain acts or practices
a caveat against unfair practices
b : an explanation to prevent misinterpretation
c : a modifying or cautionary detail to be considered when evaluating, interpreting, or doing something
The driving instructor gave his students this caveat: if you are driving under the speed limit, stay in the far right lane.
III. : a legal warning to a judicial officer to suspend a proceeding until the opposition has a hearing
Cambridge caveat UK /ˈkæv.i.æt/ US /ˈkæv.i.æt/ a warning to consider something before taking any more action, or a statement that limits a more general statement:
He agreed to the interview, with the caveat that he could approve the final article.
caveat noun [ C ] US /ˈkæv·iˌæt, ˈkɑ·viˌɑt/
a warning, for example about the use or effectiveness of something:
One caveat: Know when passengers must be back on board the plane.
(Definition of caveat from the Cambridge Academic Content Dictionary © Cambridge University Press)
caveat noun [ C ] UK /ˈkæviæt/ US
a warning to consider something before doing anything more:
One caveat: while the plans can offer an opportunity to accumulate significant wealth over time, they cannot guarantee the safety of employee contributions.
a statement that limits a more general statement:
Behind every set of statistics there's always a caveat.
IV. Collins caveat A caveat is a warning of a specific limitation of something such as information or an agreement. [formal] I've given it to them, but with the caveat that it didn't work.
There was one caveat: he was not to enter into a merger or otherwise weaken the Roche family's control of the firm.
caveat in British English (ˈkeɪvɪˌæt , ˈkæv- ) NOUN
caveat in British English (ˈkeɪvɪˌæt , ˈkæv- ) NOUN
1. law a formal notice requesting the court or officer to refrain from taking some specified action without giving prior notice to the person lodging the caveat
caveat in American English (ˈkeɪviˌæt; ˈkæviˌæt; ˈkɑveɪˌɑt)
caveat in American English (ˈkeɪviˌæt; ˈkæviˌæt; ˈkɑveɪˌɑt)
NOUN 1. Law a formal notice that an interested party files with the proper legal authorities, directing them to refrain from an action until the party can be heard
2. a warning
caveat (n)1. a warning or caution; admonition 2. Law a legal notice to a court or public officer to suspend a certain proceeding until the notifier is given a hearing
caveat (n)1. a warning or caution; admonition 2. Law a legal notice to a court or public officer to suspend a certain proceeding until the notifier is given a hearing
a caveat filed against the probate of a will
a caveat filed against the probate of a will
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IA= a type of interim application. An IA is for interim relief or for any other matter connected with the main case
Pending=no order as of yet has been passed on it by the court
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IA=Interlocutory Application. This type of applications or petitions are filed to get some relief which is connected in some way to the matter of relief in main case. The main case is not taken up for hearing until the IAs are disposed off. IA pending means, the IA has not been adjudicated still and is pending before the court.
IA stands for Interlocutory Application… Meaning when a case is going on either of the party can file various IA for various remedies. Which includes alternative remedy, interim remedy, bringing some documents on record, bringing new persons on record etc etc…
Unless all the IA s are heard and dispose of, the main case will not be heard and disposed of. However, at the request of both the sides the court can dispose main case along with IA at once (this normally happens in High Court and Supreme Court).
vacate stay of execution judgment
In addition to the court's ability to regulate default judgments and stay proceedings, the court may on its own motion and must upon application: (1) stay the execution of any judgment or order entered against a servicemember; and (2) vacate or stay any attachment or garnishment of the servicemember's property or assets, whether before or after judgment if it finds that the servicemember's ability to comply with the judgment or garnishment is materially affected by military service. 50 U.S.C....
How to vacate a default judgment?
Go to the Civil Court Clerk’s office in the Court that issued the default judgment and request a complete copy of your court file including the affidavit of service. This will help you to know whether you should ask the court to vacate the default judgment based on excusable default or lack of personal jurisdiction (bad service).
How long can a judgment be stayed?
(a) Automatic Stay. Except as provided in Rule 62 (c) and (d), execution on a judgment and proceedings to enforce it are stayed for 30 days after its entry, unless the court orders otherwise. (b) Stay by Bond or Other Security. At any time after judgment is entered, a party may obtain a stay by providing a bond or other security.
What is a stay of execution?
In cases that the death penalty has been imposed, a stay of execution is often sought to defer the execution of the convicted person. That may occur if new evidence is discovered to exonerate the convicted person or in attempts to have the sentence commuted to life imprisonment.
What is the time limit to vacate a judgment?
If you received (were served) a copy of the judgment, you have up to one year from the date of the judgment to ask the court to vacate a judgment based on excusable default. If you never received (were served) a copy of the judgment, this one-year time limit does not apply to you.
What did the Supreme Court say about stay of proceedings?
The Hon’ble Supreme Court also emphasised on the accountability of the courts while granting stay of proceedings and held that such matters should be disposed of in two-three months without allowing any adjournments.
What is the difference- stay order/petition Vs. set aside order/petition
A vacated judgment (also known as vacatur relief) makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions.
A trial court may have the power under certain circumstances, usually involving fraud or lack of jurisdiction over the parties to a case, to vacate its own judgments.
A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment.
Another means of having a vacated judgment would be if the defendant dies prior to all appeals being exhausted. Notable defendants having their convictions vacated under this include Kenneth Lay, the former Chairman and CEO of Enron who died before sentencing, and Aaron Hernandez, a former football player who killed himself in jail before his appeals were exhausted. In March 2019, the vacated conviction of Hernandez was itself overturned, and his murder conviction upheld.[1] On June 30, 2021, the Pennsylvania Supreme Court vacated the sexual assault charges against Bill Cosby due to violations of his right to due process.
"Relief from judgment" of a United States District Court is governed by Rule 60 of the Federal Rules of Civil Procedure.[2] The United States Court of Appeals for the Seventh Circuit has noted that a vacated judgment "place[s] the parties in the position of no trial having taken place at all; thus a vacated judgment is of no further force or effect."[3]
One form of a vacatur in the United States legal system was established by United States v. Munsingwear, Inc. 340 U.S. 36 (1950), otherwise known as the Munsingwear vacatur. This approach is used when while a case is being held on appeal, whether at the Circuit Court or Supreme Court level, underlying factors make the case moot. The higher court will vacate the lower court's ruling, send the case back to the lower court, and have them render the case moot. Certain conditions must be met before the higher court can give a Munsingwear vacatur, generally allowing this vacatur to be used in three situations: in the matter of "happenstance" (such as the death of a litigant), through a settlement of the parties, or a unilateral action by the prevailing party in the lower court.[4][5]
Central Park jogger case – 1989 crime in New York City
Judgment – Decision making; evaluation of evidence to make a decision
Jury nullification – Type of jury verdict in criminal trials
Kenneth Lay – Founder of Enron Corporation (1942–2006)
Remand (court procedure) – Case referral back from higher court
Abatement ab initio – Legal doctrine re death of defendant
Expungement – Process by which a record of criminal conviction is destroyed or sealed
^ Tony Marco; Ray Sanchez (13 March 2019). "Aaron Hernandez's murder conviction reinstated by high court". CNN.
^ Federal Rules of Civil Procedure (Dec. 1, 2012)
^ United States v. Williams, 904 F.2d 7, 8 (7th Cir. 1990) (citations removed).
^ Millett, Pattie (June 10, 2008). "Practice Pointer: Mootness and Munsingwear Vacatur". SCOTUSblog. Retrieved November 5, 2018.
^ Schoen, David (April 3, 2014). "Consequences of Mootness on Appeal". American Bar Association. Retrieved November 5, 2018.
quo warranto (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or franchise they claim to hold. Quo warranto is also used, with slightly different effect, in the Philippines.
Can stay order be vacated?
You need to go to a lawyer with the entire facts of the case, including a copy of the stay and the petition under which it was granted. If reasonable grounds can be made out as to why the stay should be vacated, it can be done.
What does vacating mean in law?
To set aside or annul a previous judgment or order.
How long is a stay order valid?
No there is no any stay order which can be permanent ., stay order is always a temporary order and is an interlocutory order.
What is the meaning of order vacate?
if a court's decision is vacated, it is changed so that it does not have to be obeyed: A $10 million lawsuit verdict has been vacated by a New Jersey state appeals court. (Definition of vacate from the Cambridge Business English Dictionary © Cambridge University Press)
Can stay order be extended?
The trial Court where order of stay of civil or criminal proceedings is produced, may fix a date not beyond six months of the order of stay so that on expiry of period of stay, proceedings can commence unless order of extension of stay is produced.
How do I vacate a stay order?
You need to go to a lawyer with the entire facts of the case, including a copy of the stay and the petition under which it was granted. If reasonable grounds can be made out as to why the stay should be vacated, it can be done.
How do I withdraw a stay order?
We have to file an application for vacation or stay before the concerned courts by stating the reasons for such an application. If satisfied, the court will vacate the stay. The procedure is almost the same, it is in case for taking a stay.
Which writ means stay order?
Prohibition writ for the court is issued to stop or put a stay on the power exercised by the authority and is commonly known as stay order. In India, a writ petition is issued against the proceedings going on in lower courts and in such proceeding, the lower court is exceeding its powers.
Is stay order valid for 6 months?
The trial court before which the order of stay of civil or criminal proceedings is produced, may fix a date not beyond 6 (six) months from the date of the order of stay so that upon expiry of the period of stay, proceedings can resume unless an order of extension of stay is produced.
Can a stay property be sold?
If what you are saying is correct , then the sale of property prior to the grant of stay order stands as valid. The buyer will not be affected by the stay order, you, as a seller, too would not be affected by the order of stay
Is a stay order an injunction?
An order of stay operates against a court while an injunction is applicable against a person.
(Order 21, Rule 26; Order 41, Rule 5 the CPC, 1908)
A stay order means to temporarily suspend the execution of a court judgment or order. A stay is a suspension of a case or a suspension of a particular proceeding within a case.
Stay order refers to stoppage, arrest or suspension of judicial proceedings.
An order of stay is primarily passed against the execution of a decree. It is made against the execution of a decree to enables the judgment-debtor to appeal to an appellate court against such a decree. Such an order excludes commencement of any proceeding for execution of the said decree.
What is the meaning of interim order vacated?
order passed earlier stands vacated automatically, and therefore, this Court does not require to pass any formal order. Stay order ... interim order is not disposed of within the stipulated period ; the ex parte interim order shall automatically stand vacated.
Can interim order be vacated?
interim order be continued till the next date of hearing. It is the well established legal principle that if injunction is not vacated in expressed words then it shall be deemed to be continued
Can stay order be vacated?
You need to go to a lawyer with the entire facts of the case, including a copy of the stay and the petition under which it was granted. If reasonable grounds can be made out as to why the stay should be vacated, it can be done.
What is the next step after interim order?
the next course of action is that the court shall hear your arguments on the matter and pass its final order. the court has granted stay/ interim orders till the next date of hearing and once the orders are passed either in favour of the Plaintiff or Defendant, one has to abide by it or appeal in the appellate court.
What is the meaning of interim order in court?
The term interim order refers to an order issued by a court during the pendency of the litigation.
How long is an interim order valid for?
There is no presumption in law that when an interim injunction is issued up to the specified date and the case is heard on that date, but the judgment is not pronounced on the same date, the interim injunction is “deemed” to have continued till such time the judgment is pronounced.
Is interim order final?
.... Since the interim order merges into final order and it is the specific stand of the respondent-State that after passing of the interim order, no furthe...for the petitioner to move an application for revival of the present petition, if any violation of the order of this Court is made in future.
What is the review of interim order?
A full review of an interim order by a court is an invitation to all losing parties to seek recourse under Section 37(2)(b) of the Act and is plainly against the objective behind the amendments made to Sections 9 (power of courts to grant interim reliefs) and 17 (power of an arbitral tribunal to order interim measures)
What is vacating a stay order?
period specified in the first proviso, the stay order shall stand vacated after the expiry of the said period ... specified period of 180 days, the stay order would stand vacated after the expiry of the said period.
What is the purpose of interim order?
These orders enable the protection of subject matter of the suit and aid in the due assistance of parties. Illustration- If the suit relates to a demolition of a building, and then an interim order may be passed to stop the demolition, until the final order relating to the property is passed.
Is interim order valid for 6 months?
The trial Court where order of stay of civil or criminal proceedings is produced, may fix a date not beyond six months of the order of stay so that on expiry of period of stay, proceedings can commence unless order of extension of stay is produced.
What is the difference between interim order and stay order?
The Interim order is the order which is passed when the suit is still pending in the court. The Ad Interim means in the meantime or temporary.
Can interim order be set aside?
A perusal of the above would go on to show that the order of injunction may be discharged or varied or set aside by the Court on an application made thereto by any party dissatisfied with such order.
Can writ be filed against interim order?
present writ petition against the interim order is not maintainable. He further submits that so far as the contention of petitioner, that his transfer is bad, being premature, is concerne... whether the order impugned, passed by the learned Tribunal rejecting the interim relief, warrants interference at this stage.
What is interim order under civil procedure code?
Interim measures are provided under Order 38 Rule 5 of the CPC, which requires a person requesting such relief to establish a higher standard than a prima facie case, balance of convenience, and urgent prospect of irreversible harm or injury
What is interim order in high court?
Interim orders are temporary orders while the Court makes its decision. They are usually made when there is an urgent issue that needs action while the court process is going on. You may need orders to deal with an issue while the court process is underway.
What does it mean to stand vacated?
to give up or relinquish (an office, position, etc.) to vacate the presidency of a firm. 3. to render inoperative; deprive of validity; void; annul. to vacate a legal judgment.
What does vacating mean in law?
To set aside or annul a previous judgment or order.
Is interim order binding?
Any decision on any issue in interim order is also not binding upon the same court which has passed it. Because of this reason only the court can decide and is required to decide the issues finally in final judgment uninfluenced by any prima facie finding given in interim order.
How many days stay order is valid?
As for the time required for the process to complete, a high court stay order validity after issuance can take anywhere from 7 to 21 days, all depending on how quickly the prima facie satisfies the court, and how strong your case is presented to the court.
Is injunction and stay order same?
But there is one difference between an order of injunction and an order of stay arising out of the fact that an injunction order is usually passed against a party while a stay order is addressed to the court
What is interim order and interlocutory order?
Interim or interlocutory orders are those orders passed by a court during the pendency of a suit or proceeding which do not determine finally, the substantive rights and liabilities of the parties in respect of the subject-matter of the suit or proceeding.
What is the limitation to file appeal against interim order?
Such a limitation is provided under the Limitation Act, 1963. For appeal, in case of a decree passed by lower court in civil suit, the limitation is : Appeal to High Court - 90 days from the date of decree Or order. Appeal to any other court - 30 days from the date of Decree or order.
Does interim mean permanent?
The word interim comes from Latin and means approximately during the time where inter means between. The Cambridge Dictionary describes the word as something temporary that is meant to be used until something permanent exists.
Is interim a temporary?
An INTERIM appointment is defined as a position filled on a temporary basis
What is the short meaning of interim?
: a time intervening : interval. interim adjective.
Can interim order be challenged in Supreme Court?
Appellate Court Can't Interfere With Interim Order Unless Trial Court Did Not Consider Material In Proper Perspective/ Misdirected Itself:
Does interim order comes to an end with dismissal of proceedings?
Interim Order Comes To An End With The Dismissal Of Proceedings: Supreme Court. The Supreme Court observed that a stayed order is not wiped out from the existence, unless it is quashed in the main proceedings.
Can an interim injunction be appealed?
Temporary Injunction Can Be Continued By Appellate Court If Trial Court Finding Not Clear On Title Of Suit Property:
When can an injunction be vacated?
It is further provided that if an application for temporary Injunction, or in any affidavit supporting such application, a party has knowingly made a false or misleading statement in relation to a particular matter and the injunction was granted without giving notice to the opposite party, the court must vacate the ...
Under which order is permanent injunction?
As under Section 38 of The Specific Relief Act, Perpetual injunction can be granted under following circumstnces: (1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing
What is the next step after interim order?
the next course of action is that the court shall hear your arguments on the matter and pass its final order. the court has granted stay/ interim orders till the next date of hearing and once the orders are passed either in favour of the Plaintiff or Defendant, one has to abide by it or appeal in the appellate court.
How do you execute an interim order?
Still further, execution of interim order is nothing but a preliminary decree and it cannot be severable from the final decree and therefore cannot be executed independently. The court is required to ascertain under Section 47 of CPC that if the order is to constitute a decree.
What are the different types of interim?
Common types of interim measures include (1)those that facilitate the production of evidence, (2)those that preserve the status quo, (3)measures that facilitate the enforcement of an award, and injunctions.
What is the meaning of vacate stay petition?
period specified in the first proviso, the stay order shall stand vacated after the expiry of the said period ... specified period of 180 days, the stay order would stand vacated after the expiry of the said period.
Can interim order be changed?
Once an interim order has been passed on contest the Court cannot vacate or modify it unless there is a change of circumstances.
Is interim order valid for 6 months?
The trial Court where order of stay of civil or criminal proceedings is produced, may fix a date not beyond six months of the order of stay so that on expiry of period of stay, proceedings can commence unless order of extension of stay is produced.
Is stay order permanent?
No there is no any stay order which can be permanent ., stay order is always a temporary order and is an interlocutory order.
What is interim order in law?
The term interim order refers to an order issued by a court during the pendency of the litigation. It is generally issued by the Court to ensure Status quo.
When can interim order be vacated?
interim order be continued till the next date of hearing. It is the well established legal principle that if injunction is not vacated in expressed words then it shall be deemed to be continued.
Can writ petition be Cancelled?
While the withdrawal of a writ petition filed in a High Court without permission to file a fresh writ petition may not bar other remedies like a suit or a petition under Article 32 of the Constitution of India since such withdraw-
Can interim order be set aside?
A perusal of the above would go on to show that the order of injunction may be discharged or varied or set aside by the Court on an application made thereto by any party dissatisfied with such order.
Who can withdraw writ petition?
you being the writ petitioner first need to make a mention before the bench that you are withdrawing the writ. the bench will call for the file within next two days and if opposite side counsel does not have any objection, the court will issue orders for withdrawal of writ.
How long is an interim order valid for?
Interim measures are temporary and expire once the court has made a final decision.
What is interim order in court?
The Interim order is the order which is passed when the suit is still pending in the court. The Ad Interim means in the meantime or temporary. Ad Interim stay means the temporary order of injunction passed by the court while the suit is still pending.
What is the limitation to file appeal against interim order?
Such a limitation is provided under the Limitation Act, 1963. For appeal, in case of a decree passed by lower court in civil suit, the limitation is : Appeal to High Court - 90 days from the date of decree Or order. Appeal to any other court - 30 days from the date of Decree or order.
What is interim appeal?
An appeal against an order made during the pretrial stage of civil litigation.
What is the time limit within which appeal?
--(1) Any party aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court within a period of sixty days from the date of communication of the decision or order of the Appellate Tribunal to him on any question of law arising out of such order.
What is the fees to file appeal to Appellate Tribunal?
Appeal filing fees – Tribunal
500/- (ii) Above Rs 1 lakh and not more than Rs 2 lakhs – Rs 1,500/- (iii) More than Rs 2 lakhs – 1% of the assessed income or Rs 10,000, whichever is less.
What is the time limit for appeal to Appellate Tribunal?
The appeal to the Appellate Tribunal shall be filed within 60 days of the date on which the order sought to be appealed against, is communicated to the assessee or to the CIT, as the case may be.
What is the time limit for the second appeal?
The Second Appeal can be filed after forty –five days after filing of First appeal or immediately after First Appellate Authority decision.
What is ex parte decree?
As a rule of procedure, if the defendant does not appear on the day fixed for hearing, the court can order to proceed ex parte. In other words, the trial will continue on merits at the option of the plaintiff even though there is no defendant to put his defence.
What happens after ex parte decree?
After the case has been resolved ex parte, the party against whom the ex parte order was made may appeal the decision to a higher court. Even if the defendants fail to appear, the court will decide the case on merits.
Can an ex parte decree be challenged?
defendant (apart from filing a review petition and a suit for setting aside the ex parte decree on the ground of fraud) has two clear options, one, to file an appeal and another to file an application for setting aside the order in terms of Order 9 Rule 13 of the Code.
What is ex parte in Indian law?
A judicial proceeding, order, or injunction is said to be ex parte when it is taken or granted at the instance and for the benefit of one party only and without notice to or contestation by, any person adversely interested.
What is the difference between ex parte order and ex parte decree?
Ex-parte decree or order means that the court has adjudicated the matter even though one of the parties to the suit is absent and technically the matter has been decided only on the contentions of one party who is present to the suit.
Limitation period for filing an application for setting aside an ex parte decree is 30 days from the date of knowledge of the decree.
Can I marry after ex parte divorce?
“Therefore, in case of an ex parte decree of divorce also it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within the period of limitation,
Ex parte divorce also breaks ‘marital tie’, remarriage lawful if order not challenged within time: Delhi HC
Ex parte divorce also breaks ‘marital tie’, remarriage lawful if order not challenged within time: Delhi HC
The observations came in a woman's plea challenging a May 2003 order of divorce passed by a lower court in Delhi, in her absence, on her ex-husband’s plea who has since remarried.
The observations came in a woman's plea challenging a May 2003 order of divorce passed by a lower court in Delhi, in her absence, on her ex-husband’s plea who has since remarried.
The Delhi High Court has held that a “decree of divorce breaks the marital tie” making the couple competent to remarry and even in an “ex parte decree of divorce” remarriage is lawful if an appeal is not filed within the stipulated time.
A division bench of Justices Sanjeev Sachdeva and Vikas Mahajan, in its April 21 order, said, “It is trite that the dissolution of marriage is complete once the decree is made. A decree of divorce breaks the marital tie and the parties forfeit the status of husband and wife in relation to each other. Each one becomes competent to contract another marriage as provided by section 15 of the (Hindu Marriage) Act”.
On section 15 of the Hindu Marriage Act, the court said that a divorced Hindu couple becomes “competent to contract another marriage” in the absence of a duly filed appeal. “The provision enables parties to marry again only after the decree of divorce has become final,” the court said, further observing that in this case no appeal had been filed within the given time period hence there was no merit in the woman’s plea.
The court further held that the legal effect of an “ex parte decree of divorce” is not different from a decree which is contested. “Therefore, in case of an ex parte decree of divorce also it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within the period of limitation,” the court said.
The woman first unsuccessfully assailed the divorce before an additional district judge 18 months after the date of the order on the ground that she had no knowledge of the proceedings. She moved an appeal in the high court against the February 2006 order of Additional District Judge, Delhi who had dismissed her application seeking setting aside of the “ex parte judgment” and order of divorce passed between the parties on May 14, 2003 under the Hindu Marriage Act.
Before the high court, the former husband opposed the woman’s plea and informed that he remarried 17 months after the ex parte decree and now has two children from the second marriage.
The woman claimed that the husband had previously filed a divorce plea before the District Judge, Saharsa (Bihar) but then withdrew it stating that only the Madhepura District Court had jurisdiction. She contended that she had the impression that the divorce petition will be filed only in Madhepura court, Bihar but the ex-husband “committed fraud by filing the divorce petition” in a court in Delhi and she had no knowledge about the petition pending before the Additional District Judge, Delhi.
The court said “no fraud” was committed by the former husband and summons in relation to the divorce proceedings were served on the woman as per the law.
It noted that on January 23, 2003 summons were issued to the woman through “registered post” as well as through the concerned district judge. The summons sent through registered post were received back unexecuted with the report that “lene se inkaar karne par chipka diya”. When she refused to accept them, the summons was affixed on a conspicuous part of the woman’s house in the presence of two witnesses, the court noted.
“This being the position, an application…filed by the appellant a day after the second marriage was solemnised by the respondent-husband, was infructuous for all practical purposes, from the very inception. So is the present appeal,” the court said, dismissing the plea.
Types of Cases
Criminal Cases. Criminal cases involve enforcing public codes of behavior, which are codified in the laws of the state. ...
Civil Cases. Civil cases involve conflicts between people or institutions such as businesses, typically over money. ...
Family Cases.
Is divorce case a criminal case? As divorce (dissolution of marriage) cases fall under the umbrella of family law, divorce cases are considered a civil case.
What is GR case and CR case?
In one word, the cases which are entered in the police station are GR cases and the cases which are filed in court are CR cases.
What is the Fullform of CW in court?
Court witness is a witness which the court has summoned for clarity/knowledge/receiving of certain documents or facts. The Judge uses the deposition of the CW for the consideration accordingly. The CW is counted as a witness only neither prosecution nor defence can assume him/her to be their witness.
Court witness is a witness which the court has summoned for clarity/knowledge/receiving of certain documents or facts. The Judge uses the deposition of the CW for the consideration accordingly. The CW is counted as a witness only neither prosecution nor defence can assume him/her to be their witness.
What is the meaning of ER in court?
E/R warrant means that you have not appeared in court and warrant has been issued against you.
S.R. means Service Return, the summon issued to the Defendant which is received by him. next date is fixed for his appearance or absence his appeararce suit will be heard ex-parte.
USR=Unstamped Register Number. It is a number which is provided to a document which has been filed by either of the parties but till now not admitted or numbered in the court; a case document is (1)filed (2)numbered/registered (3)admitted (4)posted for listing (5)listed in the cause list
CNR no. of a case= a unique number assigned to each case filed in district and taluka courts. Once the CNR number is entered, you can get the current status and details of the case. Case status can be searched also by party name, case number, filing number, advocate name, FIR number or Act type.
“Interlocutory application” means an application to the Court in any suit, appeal or proceeding already instituted in such Court, other than a proceeding for execution of a decree or order.
What is the meaning of appearance in case status?
The word “appearance” under civil cases has a well-known meaning. It means the appearance of the party to the suit before a court of law. The appearance can be by the party in person or through his advocate or through any person along with the advocate of the party.
Cause title for the case, cause list, cause for the case, list on -----, means to appear in the cause list on ---?
“Special leave petition” or SLP hold a prime place in the Indian judicial system. It provides the aggrieved party a special permission to be heard in Apex court in appeal against any judgment or order of any Court/tribunal in the territory of India. SLP can be filed in a case where a substantial question of law arises or gross injustice has been done. Under this, the aggrieved party is provided a special permission to be heard in Apex Court in appeal against the order or judgment of any court or tribunal in the territory of India.
The Supreme Court, under Article 136 (SLP), has extraordinary jurisdiction wherein special leave can be granted by it to appeal from any judgment, decree, determination, sentence or order in any matter passed by any court or tribunal in India with no limits or restrictions.
An SLP or Special Leave Petition is filed in the Supreme Court of India as a special permission to be heard in appeal against an order from any High Court or Tribunal. Filing in the Supreme Court is therefore by way of an SLP or Special Leave Petition and not as an appeal.
What is the limitation period for SLP?
A special leave petition must be filed within 90 days from the date of judgment, or it must be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to the Supreme Court
The Special Leave Petition against the judgment of High Court has to be filed in Supreme Court within 90 days of date of pronouncement of the order.
What is an Implead petition?
It is well settled principle of law that basically, it is for the plaintiff in a suit to identify the parties against whom he has any grievance and to implead them as defendants in the suit filed for necessary relief. He cannot be compelled to face litigation with the persons against whom he has no grievance
What does Implead mean in court?
im·plead im-ˈplēd. : to bring into a lawsuit. specifically : to bring (a third party who is or may be liable to the plaintiff or defendant) into a suit compare interplead, intervene, join.
What is Impleading application in CPC?
The court can implead any party at any stage even without an application if it thinks that their presence is necessary in order to effectively adjudicate the suit. The trial court had found that the persons related to the trust need to be impleaded to correctly decide interest of the plaintiff in the suit properties.
What are the grounds for Impleadment?
He cannot be compelled to face litigation with the persons against whom he has no dispute. However, if any third party is likely to suffer any injustice, on account of the outcome of the Suit, he is entitled to get himself impleaded.
What is the difference between Implead and joinder?
Impleading occurs when a third party—against whom the defendant may himself have a claim—is brought into the original suit in the interests of time and efficiency. Joinder of suit occurs when two or more issues are dispensed within the same hearing.
What is the difference between Impleadment and intervention?
While impleadment results in addition of the applicant as a party, intervention merely allows the applicant to address the Court.
What are the two types of advocates?
(1) There shall be two classes of advocates, namely, senior advocates and other advocates.
Who may be plaintiff?
All persons whose right to relief arises out of the same act or transaction or series of acts or transactions may be joined as Plaintiffs.
Which type of advocate is best?
Of all the types of lawyers, the most popular is the profession of Criminal Lawyer. These professionals are specialized in the intricacies of Criminal Law. and they defend individuals who are charged with committing crimes.
Which is better lawyer or advocate?
The primary difference between the responsibilities and duties of a lawyer vs. advocate is that a lawyer has less experience and might not represent clients in courts. Comparatively, advocates are more qualified in legal matters and can represent their clients.
Who can be party in civil suit?
The plaintiffs and the defendants are two necessary parties to every suit. However, there may be any number of plaintiffs or defendants in one suit, but at least one of each is necessary.
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