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ADVOCATEMMMOHAN -  Practicing both IN CIVIL, CRIMINAL AND FAMILY LAWS,Etc.,

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Thursday, September 30, 2010

SEC.313 OF Cr.P.C.

POWER TO EXAMINE ACCUSED :- [1] . In every inquiry or trial for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the court- [a] . may at any stage, without previously warning the accused put such questions to him as the court considers necessary ; [b] . shall , after the witnesses for the prosecution have been examined and before he is called on for his defense, question him generally on the case: PROVIDED THAT IN A SUMMONS-CASE, WHERE THE COURT HAS DISPENSED WITH THE PERSONAL APPEARANCE OF THE ACCUSED , IT MAY ALSO DISPENSE WITH HIS EXAMINATION UNDER CLAUSE [b]. [2]. no oath shall be administered to the accused, when he is examined under sub-sec.[1][b]. ----- [3]. when accused refused to answer or give false reply , no punishment attracts.--[4]. the answers may be considered against or infavour of accused while judging the case. ........ presence of accused is must as it is mandatory and examination of lawyer of accused is not sufficient compliance with t he mandate - A.I.R.1993 SC 2090. EXAMINATION OF ACCUSED IS MUST NOT FORMALITY AIR 1997 SC 768.

Wednesday, September 29, 2010

TRIAL IN SUMMONS -CASES BY MAGISTRATES

SEC. 251 -NO SEPARATE FRAMING OF CHARGE IS NEEDED -SUBSTANCE OF ACCUSATION IS TO BE STATED. 2. SEC.252 - CONVICTION ON PLEA OF GUILTY. 3. SEC. 253 CONVICTION ON PLEA OF GUILTY IN ABSENCE OF ACCUSED IN PETTY CASES. 4. SEC.254 - PROCEDURE WHEN NOT CONVICTED - HEAR ON BOTH SIDES INCLUDING RECORDING OF EVIDENCE ON BOTH SIDES. UNDER SUB SEC[2] MAY ISSUE SUMMONS FOR WITNESSES ALSO ON THE APPLICATION OF BOTH PARTIES -PROSECUTION OR ACCUSED, ON PAYMENT OF BATTA. 5. SEC.255 - ACQUITTAL OR CONVICTION. 6. SEC.256 - NON - APPEARANCE OF THE COMPLAINANT OR DEATH OF THE COMPLAINANT. - ON CONDONE ABSENCE PETITION , THE COURT CAN ADJOURN THE CASE FOR SOME OTHER DAY OR SHALL DISMISS THE COMPLAINT. 7. SEC. 257 - WITHDRAWAL OF COMPLAINT - ON PETITION ON SUFFICIENT GROUNDS , WITHDRAW A COMPLAINT AGAINST ALL OR SOME OF THE ACCUSED. 8. SEC. 258 - POWER TO STOP PROCEEDINGS IN CERTAIN CASES - OTHER WISE THAN UPON COMPLAINT, AT ANY STAGE , ON APPLICATION THE MAGISTRATE MAY STOP PROCEEDINGS AND DISCHARGE THE ACCUSED. 9. 259 -POWER OF COURT T O CONVERT SUMMONS-CASES UNTO WARRANT CASES

Tuesday, September 28, 2010

CHANGE OF RELIGION -SUCCESSION

SEC. 26 OF HINDU SUCCESSION ACT - CONVERSION TO ANOTHER RELIGION- DISQUALIFICATION TO INHERIT TO PROPERTY OF A HINDU -A PERSON WHO REMAINED AS A HINDU , WHEN SUCCESSION OPENS, NOT DISQUALIFIED TO INHERIT THE PROPERTY OF HINDU, EVEN THOUGH HE CONVERTS TO ANOTHER RELIGION SUBSEQUENTLY - SON MARRYING A MUSLIM WOMEN AFT ER THE DEATH OF HIS FATHER- SON ENTITLED TO A SHARE IN JOINT FAMILY PROPERTY AS HE REMAINED TO BE HINDU WHEN HIS FATHER DIED-SEC. 26 WHERE BEFORE OR AFTER THEIS ACT, A HINDU HAS CEASED OR CEASES TO BE A HINDU BY CONVERSION TO ANOTHER RELIGION, CHILDREN BORN TO HIM, OR HER, AFTER SUCH CONVERSION AND THEIR DESCENDANTS SHALL BE RELATIVES, UNLESS SUCH CHILDREN OR DESCENDANTS ARE HINDUS AT THE TIME WHEN THE SUCCESSION OPENS. CONVERTED HINDU, CONVERTED HINDU CHILDREN AND THEIR DESCENDANTS SHALL BE DISQUALIFIED FROM INHERITING THE PROPERTY OF ANY OF THEIR HINDU RELATIVES, UNLESS SUCH CHILDREN OR DESCENDANTS ARE HINDUS AT THE TIME WHEN THE SUCCESSION OPENS -1996[3] ALT 659.

Friday, September 24, 2010

MONEY EXEMPT FROM ATTACHMENT

S EC.60[1][G],[K],[KK] AND[KKK] OF C.P.C AND PAYMENTS OF GRATUITY ACT AND OR. 21 AND RULE 52 OF CPC -DEATH CUM RETIRAL BENEFITS OF DECEASED EMPLOYEE AMOUNTS ARE EXEMPT FROM ATTACHMENT -GRATUITY, PROVIDENT FUND,INSURANCE AND OTHER COMPULSORY DEPOSITS OF DECEASED EMPLOYEE LYING TO THE CREDIT OF THE SUIT TO WHICH J.DrS ARE ENTITLED -NOT LIABLE TO BE ATTACHED UNLESS THE SAME IS ACTUALLY RECEIVED BY J.DrS.-2009 [3] A L T 281.

PROCEEDINGS BY or AGAINST REPRESENTATIVES

Sec. 146 :- save as other wise provided by this code or by any law for the time being in force, where any proceeding may be taken or application made by or against any person, then the proceeding may be taken or the application may be made by or against any person claiming under him. Or. 21 Rule 22, sec.50 and sec.146 both are not inconsistence , both are dealing with representatives or legal representatives -1986[1] A.L.T.226

EXECUTION AGAINST L.R.S MAY BE FILED DIRECTLY.

Order.21 Rule 22 :- [1] where an application for execution is made - [a] more than 2 years aft er the da te of decree, or [b] against the legal representative of a party to the decree or where an application is made for execution of a decree filed under the provisions of sec,.44A or [c] against the assignee or receiver in insolvency, where the party to the decree has been adjudged to an insolvent, the court executing the decree shall issue a notice to the person against whom execution is applied for requiring him to show cause, on a date to be fixed, why the decree should not be executed against him. - so any decree can be executed including injunction suit decree against the legal heirs who created objections while constructing a wall -2009[1]A.L.T. 515.

Tuesday, September 21, 2010

THE WORD "MONTH" -INTERPRETATION

THE WORD MOTH AND 3 MONTHS ETC., SHOULD BE CALCULATED BASING ON THE CALENDER MONTH. IF THE MONTH IS APRIL, JUNE, SEPTEMBER OR NOVEMBER, THE MOTH PERIOD IS 30 DAYS. IF THE MONTH IS JANUARY, MARCH MAY, JULY , AUGUST, OCTOBER OR DECEMBER, THE PERIOD OF MONTH IS 31 DAYS. IF IT IS FEBRUARY, IT IS 28 OR 29 DEPENDING ON LEAP YEAR. BUT NOT 30 DAYS FLATLY.

or. 9 , rule 13 C.P.C. and art.123 OF LIMITATION ACT

when a set aside EXPARTE petition filed for setting aside the EXPARTE decree, on the ground that from the date of knowledge as mentioned in art.120, and filed within 30 days from the alleged date of knowledge, no sec.5 petition condoning the delay under limitation act is necessary- 2010 SAR CIVIL 715.

Monday, September 20, 2010

GIFT WITH LIMITED RIGHTS -MOHAMMEDAN LAW.

UNDER SEC.164 OF MOHAMMEDAN LAW- GIFT WITH CONDITION - when a gift is made subject to a condition which derogates from the completeness of the grant, the condition is void and the gift will take effect as if no conditions were attached to it.--- When a gift is made gifting only rents for maintainence and not property, then sec.164 not applicable , even though a condition is mentioned for life time. but if a condition is imposed while gifting property itself with a condition of limited rights, that condition is void ABINTIO as per sec,164 of principles of Mohammedan law of Mulla-[ rent =usufruct=ariyat]-2010 [5] ALT 313.

Sunday, September 19, 2010

PART PERFORMANCE SEC.53-A

THERE MUST BE AN AGREEMENT OF SALE FOR VALUABLE CONSIDERATION, IN WRITING. POSSESSION MUST BE DELIVERED OR PRIOR POSSESSION MUST BE CONFIRMED. VENDEE HAS TO COMPLETE HIS PART OF PERFORMANCE , NO BALANCE SHOULD BE LEFT OVER AS PER TERMS OF AGREEMENT OF SALE. THEN THE VENDOR CAN NOT CLAIM ANY RIGHTS AGAINST THE VENDEE , EVEN THOUGH TRANSFER IS NOT COMPLETED AS PER LAW [REGISTRATION OF SALE DEED].- WITHOUT POSSESSION UNDER AGREEMENT OF SALE AND BY FORCE ABLE POSSESSION, NO ONE CAN CLAIM, PART PERFORMANCE AND PROTECTION UNDER SEC.53-A-2007[3]ALT631

Friday, September 17, 2010

DELIVERY OF POSSESSION - NOT A STEP IN FINAL DECREE OF PARTITION SUIT

OR.20, RULE 18 DEALS WITH ONLY PASSING OF FINAL DECREE BY APPOINTING A COMMISSIONER BY METES AND BOUNDS EACH SHARE OF THE PARTY. BUT NOT DELIVER POSSESSION OF EACH SHARE TO EACH PERSON - IT IS ONLY FOR EXECUTION PART- 2006 [6] ALT 285.

Thursday, September 16, 2010

AFTER PASSING FINAL DECREE - NO QUESTION OF AGAIN PASSING FINAL DECREE

OR. 20 , RULE 18 - AFTER PASSING FINAL DECREE BOTH PLAINTIFFS DIED WITHOUT OBTAINING INDIVIDUAL SEPARATE SHARES IN THE FINAL DECREE. THE LRS OF THE PLAINTIFF CANNOT ASK FOR RE-PASSING OF FINAL DECREE ASKING FOR SEPARATE SHARES AGAIN AND FOR PASSING ANOTHER FINAL DECREE AS THE COURT BECOMES FUNCTUS OFFICIO- 2006 [6] ALT 171.

WHETHER APPEAL OR SET ASIDE EXPARTE BY ONE OF THE DEFENDANT

PR. 9, RULE 13 AND OR. 43[1][D] - WHEN ONE OF DEFENDANT WAS SET EXPARTE, OTHER DEFENDANTS CONTESTED AND MONEY SUIT IS DECREED AGAINST ALL OF THEM, NO SET ASIDE EXPARTE IS MAINTAINABLE . THE ONLY REMEDY IS APPEAL BECAUSE, SINGLE CLAIM AGAINST ALL, THERE IS NO SEPARATE CLAIMS AGAINST EACH OF THEM.-2006 [6] ALT 14.

PAYMENT OUT OF COURT -CERTIFIED

OR. 21 , RULE 2 - ANY PAYMENT MADE OUT OF COURT TOWARD SATISFACTION OF DECREE WHETHER FULL OR PART, MUST BE BROUGHT TO THE NOTICE OF THE COURT .WITHIN 30 DAYS, IT SHOULD BE RECORDED AND CERTIFIED BY THE COURT. OTHER WISE, IT IS NOT A VALID PAYMENT- AND UNCERTIFIED PAYMENT CANNOT BE TAKEN INTO COGNIZANCE- 2006[1] ALT193

SIMULTANEOUS EXECUTION OF DECREE

OR.21, RULE 21, 30 - THE DHR CAN EXECUTE THE DECREE AGAINST THE PERSON AND PROPERTY OF JDR SIMULTANEOUS . NEITHER THE COURT OR THE JDR CAN DIRECT THE DHR TO CHOOSE ANY ONE OF THE MODE OF EXECUTION-2006[6] ALT70.

FRAUD ON COURT

SEC. 33 OF C.P.C -WHEN A DECREE IS OBTAINED BY PLAYING FRAUD ON THE HON'BLE COURT, THE DECREE IS A VOID ABINTIO AND NULLITY - IT CAN BE CHALLENGED EVEN IN COLLATERAL PROCEEDINGS.- THE RESPONDENTS BY SHOWING THE DECEASED PERSONS AS ALIVE AND OBTAINED MUTATION OF ENTRIES IN REVENUE RECORDS - IS FRAUD PLAYED ON REVENUE COURT AND IS NON EST IN LAW -2006[3] S.C.J. 500.

Wednesday, September 15, 2010

EXECUTION PETITION - LEGAL REPRESENTATIVES

OR.21, RULE 12 -EXECUTION PETITION FILED IN TIME -SUBSEQUENTLY j.d.r. DIED, STEPS NOT TAKEN IN TIME AND E.P. IS PENDING - E.P. CANNOT BE DISMISSED EVEN FOR DEFAULT, BEHIND THE BACK OF LEGAL REPRESENTATIVES as abetted - 1998 SAR CIVIL 182.

EXECUTION OF DECREE- COPY OF DECREE CAN BE FILED LATER

AS PER OR.21, RULE 11[1][2][3] FOR EXECUTION OF MONEY DECREE- ORAL APPLICATION FOR OR WRITTEN PETITION FOR EXECUTION CAN BE UNDER SUB-RULES- COPY OF DECREE MAY BE FILED LATER- 1999 S.A.R CIVIL 831.

ORDER 5, RULE 9 -REFUSAL TO RECEIVE SUMMONS

A MERE ENDORSEMENT OF REFUSAL ON POSTAL, IS NOT SUFFICIENT WHEN THE COURT SUMMONS ARE SAYING AS ABSENT. AP HIGH COURT RULES ARE ALSO SILENT ABOUT THIS ASPECT. BY EXAMINING THE PROCESS SERVER ONLY, REFUSAL OF SUM MONS CAN BE PROVED.1997 S.A.R.CIVIL 449. [ 2.] SIMPLE IRREGULARITY, IN PUBLISHING IN ONE NEWS PAPER ORDER BY COURT, PUBLISHED IN ANOTHER NEW PAPER HAVING EQUAL REPUTATION , IS NOT FATAL. 2002 SAR CIVIL 851.

Tuesday, September 14, 2010

RIGHT OF CHILD IN WOMB

SEC.20 of the Hindu Succession Act - a child who was in the womb at the time of the death of an intestate and who is subsequently born alive, shall have the same right to inherit to the intestate as if he /she had been born before the death of the intestate, and the inheritance shall be deemed to vest in such a case with effect from the date of the death of intestate

Monday, September 13, 2010

ORDER 22, RULE 3 CIVIL PROCEDURE CODE AND ARTICLE 12 0 LIMITATION ACT

WHEN THE PLAINTIFF DIED IN A PENDING SUIT, THE LEGAL HEIRS ARE TO BE BROUGHT AS PLAINTIFFS IN THE ABOVE SUIT WITHIN 90 DAYS FROM THE DATE OF THE DEATH OF PLAINTIFF , AS PER ART.120 OF LIMITATION ACT.

Tuesday, September 7, 2010

THE FOOD SAFETY AND STANDARDS ACT,2006

SEC.2[ZK] :- primary food means an article of food, being a produce of agriculture or horticulture or animal husbandry and dairying or aquaculture in its natural form, resulting from the growing, raising, cultivation, picking, harvesting,collection or catching in the hands of a person other than a farmer or fisherman. sec.38 powers of food safety officer :- taking of sample etc., sec. 42 deals with procedure for launching prosecution :-after receiving samples, the analyst has to send his report to the designated officer [local authority], within 14 days. the designated officer within 14 days has to send his report to the commissioner of food safety for sanctioning of prosecution. the commissioner has to send his decision and to refer to file a case in regular court or special tribunal , to the designated officer and to food safety officer[food inspector].sec.46 says how to check sample and analysis should be completed etc., sec.47 says how to lift sample and how to prepare sample etc,.sec.48 general provisions of offences how a person would do. in this a s per [2][b] primary food beyond control of human agency fall substandard, could not be treated as an offence.sec.49 how to calculate penalty amount etc., sec.50 to 59 and sec.60 to 65 says about the punishments and the quantum's of penalties for different types of adulterations etc., sec.66 offences by companies. sec. 69 appellate tribunals and sec.69 power to compound offences :- with out launching a criminal case food safety officer himself impose some penalty not exceeding one lakh from a petty seller who manufactures and sell the articles- provided when punishment is prescribed , then compound not possible.sec.73. powers of J.F.C.M. PUNISHMENT LESS THAN 3 YEARS and under sec.79 has got power to pass enhanced sentence except more than 6 years. SEC. 74 SPECIAL COURT AND PUBLIC PROSECUTOR-more than 3 years. sec. 75 power to transfer cases from special court to j.f.c.m. sec.77 no offence should be taken cognizance after the lapse of one year. sec. 80 defenses which may or may not be allowed.

PREVENTION OF FOOD ADULTERATION ACT 1954- FOOD SAFETY ACT 2006

sec.11 :- how to take samples and it's procedure and where to send samples and rights of accused. By giving notice in-writing then and there of his intention to take sample for analyst, the food inspector has to lift the sample. the sample is to be divided into three equal parts and each part is to be secured title and marks and seals are to be affixed and signature or accused or on his refusal third party witness's be obtained on the above said 3 parts. with intimation to local authority, one part is to be sent to public analyst and other 2 parts are to be deposited with the local atuority under due receipt, for the purpose of precautionary method and for the sake of accused for sending to central laboratory. under sub section 2 or sec.13[2-a],[2-e]. on the succeeding working day itself , the sample is to be sent to the public analyst and local authority. sec.13 :- Report of public analyst-the public analyst has to send his report to local authority and after that the local authority , has to forward a copy to the accused, after filing a case, intimating to get the sample analysis by central food laboratory , within 10 days from the date of receipt of the report, through court.on the application of accused, the magistrate call for samples from the local authority for sending the same to C.F.L.after receive the report only whether to proceed against the accused or is to be decided.

PREVENTION OF FOOD ADULTERATION ACT 1954- FOOD SAFETY ACT 2006

Important sections of prevention of food adulteration act,are sec.7 to21. sec.2 [m] provides an exemption from this act , to the primary foods i.e., out come of agriculture or horticulture as per [xiia], - where the quality or purity of the article being primary food, has fallen below the prescribed standard or its constituents are present in quantities not within the prescribed limits of variability, in either case, solely due to natural causes and beyond the control of human agency then such article shall not be deemed to be adulterated with in the meaning of this sub-clause. sec. 7 :- prohibits the manufacture, sale or store for distribute any adulterated or misbranded or without following the conditions of licences when required, or prohibited items of food or, any other not permitted under this act or any adulterant. sec.10 :- powers of food inspectors- he can take samples of any article of food from any person selling such article, or any person who is in the course of conveying, delivering or preparing to deliver such article to a purchaser or consignee or a consignee after delivery of any such article to him . thereafter he shall send such sample for analysis to the public analyst for local area within which such sample has been taken and also prohibit the sale of such article with the permission of local health authority or with the previous approval of the food health authority and also check the go downs where the food articles are stored. while taking sample as above said , the food inspector has to pay the market value and to obtain a cash receipt to that effect. and the food inspector has some more other powers under this act . se.11 :- procedure while lifting sample by food inspector.

Monday, September 6, 2010

INFORMATION TECHNOLOGY [PROCEDURE AND SAFEGUARDS] FOR INTERCEPTION MONITORING AND DECRYPTION OF INFORMATION RULES, 2009.,

G.S.R.NO. 780[E],DT.27-10-2009.

A.P. ASSIGNED LANDS [PROHIBITION OF TRANSFERS] [AMENDMENT] ACT 2008

SEC.4[1][b][i] :- re assign the said resumed land, other than those lands/ areas as may be notified by the govt. from time to time in public interest and for public purpose, to the transferee who purchased the land in good faith and for valuable consideration on or before 29TH January,2007,subject to the condition that he/she is landless poor person and is in occupation of the land by using the said land for agriculture or as house site, as on the date of taking possession by eviction; provided that the reassignment in case of transferee shall be limited to only such an extent that the total holding of the re assignee including any other land held by him/her does not exceed 5-00 acres dry land or 2 1/2 acres wet land; provided further that where the transferee who has purchased the land and got reassignment of it , or his legal heir, transfers the reassigned land, the land will be resumed for assignment to other eligible persons..

AGREEMENT OF SALE AND ADVERSE POSSESSION

EVEN IT IS AN AGREEMENT OF SALE, THE PURCHASER OCCUPY IT AS IF IT IS HIS OWN PROPERTY AND LIKE SO THE VENDOR WHO HANDED OVER THE PROPERTY AS IF HE HOLDS NO RIGHT OVER THAT PROPERTY FROM THAT DAY ON WARDS AND AS SUCH THE INTENTION CLEARLY SHOWS THAT SALE WAS COMPLETED EXCEPT REGISTRATION AND IN SUCH AN EVENT THE POSSESSION OF VENDEE IS NOT PERMISSIVE AND IT IS ADVERSE TO THE TITLE OF VENDOR . NO MORE IT CAN BE CALLED AS PERMISSIVE POSSESSION UNDER THE SALE AGREEMENT SIMPLY BECAUSE THERE IS NO REG. SAL DEED -2010 [5] ALT 136.

HOW TO DEDUCTE THE PERSONAL EXPENSES OF DECEASED

WHILE FIXING COMPENSATION IN ACCIDENT CASES, THE SETTLED METHOD FOR ARRIVING PERSONAL EXPENSES OF DECEASED FROM HIS SALARY DEPENDS UPON THE DEPENDENTS . IF DEPENDENTS ARE 2 TO3, 1/3rd . IF 4 TO 6 -1/4th AND IF MORE THAN 6-1/5th OF THE SALARY MAY BE DEDUCTED FROM HIS SALARY TOWARDS EXPENSES OF DECEASED-2010[3] ALT 209.

WAKF AC T - EVICTION

SEC.54 OF WAKF ACT :- THE CHIEF EXECUTIVE OFFICER HAS TO ISSUE A NOTICE TO THE ENCROACHER, AND AFTER HEARING HIS OBJECTIONS AND AFTER SATISFYING THAT THE PROPERTY IS WAKF, THEN THE E.O. MAY ORDER FOR EVICTION WITHIN CERTAIN PERIOD. ON THE FAILURE OF ENCROACHER IN REMOVING ENCROACHMENT, THEN THE E.O. MAY APPLY TO R.D.O. FOR EVICTION PROCEEDINGS -2010[3] ALT 244.

Sunday, September 5, 2010

A.P. COURT FEE -TRUST PROPERTY

SEC.27 [1] -IN A SUIT FOR POSSESSION OR JOINT POSSESSION OF TRUST PROPERTY OR FOR A DECLARATION, WITH OR WITHOUT CONSEQUENTIAL RELIEF, BETWEEN THE TRUSTEES OR RIVAL CLAIMANTS TO THE OFFICE OF TRUSTEE OR BETWEEN A TRUSTEE AND A PERSON WHO HAS CEASED TO BE A TRUSTEE, FEE SHALL BE COMPUTED ON ONE-FIFTH OF THE MARKET VALUE OF THE PROPERTY SUBJECT TO A MAXIMUM FEE OF RUPEES TWO HUNDRED OR WHERE THE PROPERTY HAS NO MARKET VALUE, ON RUPEES ONE THOUSAND., [2] WHERE THE PROPERTY HAS NO MARKET VALUE, VALUE FOR THE PURPOSE OF DETERMINING THE JURISDICTION OF COURTS SHALL BE THE AMOUNT STATED IN THE PLAINT. EXPLANATION ;- FOR THE PURPOSE OF THIS SECTION, PROPERTY COMPRISED IN A HINDU, MUSLIM OR OTHER RELIGIOUS OF CHARITABLE ENDOWMENT SHALL BE DEEMED TO BE TRUST PROPERTY AND THE MANAGER OF ANY SUCH PROPERTY SHALL BE DEEMED TO BE THE TRUSTEE THEREOF.

RES-JUDICATE AND RES-SUB-JUDIE

EXPAMLES:- THE EARLIER CIVIL SUIT RELATED TO RIGHT OF WORSHIP AND EXCLUSIVE POSSESSION OR MANAGEMENT OF THE MAIN TOWN TEMPLE WHILE THE PRESENT SUIT I SNOT DIRECTLY AND SUBSTANTIVELY INVOLVED THESE ISSUES, IT IS PURELY FILED FOR THE TITLE TO THE SUIT PROPERTY , WHICH IS TO BE DECIDED.SO THE QUESTION OF APPLICATION OF RESJUDICATA NOT APPLIES-2002 S.A.R. [CIVIL] 719; ISSUE INTER SE THE PARTIES HAVING BEEN DECIDED IN EARLIER PROCEEDING UNDER THE VERY SAME ACT- RAISING THE SOME ISSUE IN SUBSEQUENT PROCEEDINGS-IMPERMISSIBLE-EVEN IF RES-JUDICATA IN ITS STRICT SENSE MAY NOT APPLY BUT ITS PRINCIPLE WOULD BE APPLICABLE-PARTIES IN THE EARLIER PROCEEDING MAY RAISE THE SAME ISSUE UNDER THE SAME ACT BUT FAILED TO RAISE, CAN NOT RAISE THE SAME NOW, ON THE BASIS OF CONSTRUCTIVE RESJUDICATA-ESTOPPEL-1998 SAR [CIVIL]939.;

Saturday, September 4, 2010

Amendment of Pleadings Or.6,Rule 17,18 C.P.C.

1].AMENDMENT OF PLAINT -SHALL BE SUBJECT TO CERTAIN CONDITIONS, NAMELY,[1] WHEN THE NATURE OF THE SUIT IS CHANGED BY PERMITTING AMENDMENT ;[2]WHEN AMENDMENT WOULD RESULT IN INTRODUCING NEW CAUSE OF ACTION AND INTENDS TO PREJUDICE THE OTHER PARTY AND [3]WHEN ALLOWING AMENDMENT APPLICATION DEFEATS THE LAW OF LIMITATION-2009[1]ALT22.4[SC]=2008[4] SC J 680. 2]. seeking amendment of plaint for declaration and cancellation of documents, after filing written statement where the defendant has taken the same objections in his written statement, for declaration and cancellation is 3 years and amendment sought for ,after 4 years of written statement, is not maintainable-1996 S A.R. civil 639.

Amendment of Pleadings Or.6,Rule 17,18 C.P.C.

The court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just and all such amendments shall be made as be necessary for the purpose of determining the real questions in controversy between the parties;--------provided that no application for amendment shall be allowed after the trial 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.----sec.18 says failure to amend after order- if party who has obtained an order for leave to amend does not amend accordingly within the time limited for the purpose by the order, r if no time is thereby limited then within fourteen days from the date of the order, he shall not permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, unless the time is extended by the court.

RES-JUDICATE AND RES-SUB-JUDIE

EXAMPLES :- 1.PENDING OF CRIMINAL PROCEEDINGS AND DEPARTMENTAL PROCEEDINGS , WHILE PENDING THE CIVIL SUIT ,DOES NOT ATTRACT THE SEC.10 AND SO SEC.10 NOT APPLICABLE=2009[4] A. L. T.800. 2 FIRST SUIT FILED BASING ON WILL AND APPEAL IS PENDING.ANOTHER SUIT FILED BASING ON THE GIFT.THE LOWER COURT DISMISS THE STAY PETITION AS THE CAUSE OF ACTION AROSE ON DIFFERENT DATES-IS ALONE NOT CRITERIA .OTHER INGREDIENTS ALSO ARE TO BE CONSIDERED.SO SEC.10 APPLY S AS THE SUBJECT-MATTER IS ONE AND THE SAME AND PARTIES ARE ONE AND THE SAME-2009[5] A LT 718. [APPEAL-SUIT]. 3. A WRONG DECISION BY MISTAKE ON THE POINT OF JURISDICTION OF THE COURT DOES NOT OPERATE AS RESJUDICATA FOR BATCH OF CASES PENDING AS IT IS PURELY ON THE QUESTION OF LAW DECIDED NOT ON THE SOUND PRINCIPLES OF LAW-PAYMENT OF WAGES ACT- 2009[5] A L T 260 4. JUDGEMENT IN RENT CONTROL COURT AND EX PART INJUNCTION SUIT JUDGEMENT NOT OPERATE AS RESJUDICATA AS THE RENT CONTROL COURT HAS NO JURISDICTION TO DECIDE THE TITLE AND THE EX PARTE INJUNCTION JUDGEMENT IS NOT ON MERITS AND AS SUCH THE SUIT FOR REDEMPTION OF MORTGAGE PROPERTY IS MAINTAINABLE-2009 [5] A L T 584.

Friday, September 3, 2010

RES-JUDICATA SEC.11 & RES-SUB-JUDIE SEC.10 OF C.P.C.

now the important point is that whether sec.10 or sec.11 applies only to suits alone or not ?. writ proceedings, arbitration proceedings , rent control proceedings, company proceedings, succession act proceedings, specific relief act proceedings , society act proceedings, and election proceedings etc., can we apply the above said principles laid down under sec.10,11, to the suit and other than suit or other than suit and other suit proceedings ,is a primary question frequently arising before the courts and public litigants. so many courts decided the matter in so many ways and finally it is settled law that there is no hard and fast rule and it depends on the facts and circumstances of the each case. another question is whether the both suits can be jointly tried if filed and objected under sec.10. and another interesting question is which court has to stay the proceedings under sec.10. another interesting question is whether sec.11 applies to interlocutory petitions also which are filed and decided in a suit, pending disposal of that suit.

RES-JUDICATA SEC.11 & RES-SUB-JUDIE SEC.10 OF C.P.C.

technical words used in both sections :-no court shall proceed with trial ; no court shall try ; any suit ; any suit or issue ; matter directly and substantially in issue ; same in sec.11 also ; between same parties ; same in sec.11 also ; both suits must be in pending ; one is decided and another is pending; former suit and later suit , the later suit is to stayed ; no former suit and later suit, only decided suit and not decided suit ; same cause of action and same subject matter ; same in sec.11 also ; in the same court or any court in India ; same in sec.11 also ; there is only one provision in sec.10 pending in foreign court is not to be consider ; there are 8 explanations in sec.11 ; explanation I - former suit means decided suit but not as first suit or later suit . exp.II - even the right of appeal is there over the decided case[ that means that one cannot say that he/other party filed an appeal and appeal is pending and as such no res-judicata applies ]. exp.III - there must be specific pleadings of facts [matter] by one party and specific denial or admission of pleadings by other party ,in the decided suit or issue, and pending suit ,be one and the same.exp.IV -any matter [facts] which might and ought to have been taken as a ground of defense or attack in such decided case [former suit ] , shall be deemed to have been a matter directly and substantially in issue[decided] in such suit. exp.V - any relief claimed in the plaint, which is not expressly granted by the decree, shall for the purposes of this section, be deemed to have been refused.[ it means , it should not be again re agitated in subsequent proceedings like E.P. ]. exp.VI- where some persons litigated bona fide in respect of a public right or private right, claimed in common for themselves and also for others, all persons interested in such right shall , for the purpose of this section, be deemed to have claimed under the persons so litigating [ that means if some persons of a locality file a suit for having access against some group of persons or individual or any authority, and litigated the case bona fide for the purpose of all persons of that locality, the judgement is binding on all the persons of that locality and as such they cannot re agitate it by saying that they are not parties in former suit -decided suit].exp.VII - the principles of res-judicata apply in execution proceedings also [ that means the matter decided in suit proceedings and matter decided in execution proceedings , should not be re agitated in execution proceedings or in subsequent stages of execution proceedings - constructive resjudicata].exp.VIII- when a small cause court decided any issue , again the same can not be re agitated in any suit of original jurisdiction ].

Thursday, September 2, 2010

RES-JUDICATA SEC.11 & RES-SUB-JUDIE SEC.10 OF C.P.C.

WHAT IS AN ISSUE = POINT TO BE DECIDED BY THE COURT ,FRAMED ON THE PLEADINGS OF BOTH PARTIES THAT IS ON THE PLEADINGS OF PLAINT AND WRITTEN STATEMENT OF PLAINTIFF AND DEFENDANT RESPECTIVELY. ISSUE MEANS DISPUTE POINT ARISES ON THE SUBJECT MATTER OF THE SUIT. WHAT IS THE SUBJECT MATTER OF THE SUIT = CLAIMING OF SOME RIGHTS ,TITLES AND RELIEFS OVER A SPECIFIC PROPERTY/IES OR STATUS, WHETHER TANGIBLE OR INTANGIBLE . FOR EXAMPLE IF "A" FILED A SUIT FOR DECLARATION OF TITLE AND POSSESSION OF CERTAIN PROPERTY , CLAIMING RIGHTS OVER IT AGAINST "B" IN A COURT OF LAW. AGAIN "A" OR "B" SHOULD NOT FILE THE SAME SUIT IN ANOTHER COURT OR IN THE SAME COURT. IF FILED THE LATER SUIT IS TO BE STAYED BY THE COURT IN WHICH THE LATER SUIT IS FILED , TILL THE DISPOSAL OF FIRST SUIT. THEN IT IS CALLED AS RES-SUB-JUDIE UNDER SEC.10 OF C.P.C. IF THE FIRST SUIT IS DECIDED ALREADY, AGAIN EITHER THE "A" OR "B" CAN NOT FILE ANOTHER SUIT ON THE SAME SUBJECT IN THE SAME COURT OR ANOTHER COURT. THEN IT IS CALLED AS RES-JUDICATA UNDER SEC.11.

RES-JUDICATA SEC.11 & RES-SUB-JUDIE SEC.10 OF C.P.C.

RES-JUDICATA = ONE SUIT DISPOSED OFF AND ANOTHER IS PENDING OR FILED SUBSEQUENTLY; BETWEEN SAME PARTIES OR SUCCESSORS-IN-TITLE ; SAME ISSUES IN BOTH MATTERS ;

RES-JUDICATA SEC.11 & RES-SUB-JUDIE SEC.10 OF C.P.C.

STAY OF SUIT AS IT IS RES-SUB-JUDIE = SAME ISSUE; PENDING;BETWEEN SAME PARTIES OR ANY OTHER UNDER THEM; SHALL NOT PROCEED WITH TRIAL:

RES-JUDICATA SEC.11 & RES-SUB-JUDIE SEC.10 OF C.P.C.

RES-JUDICATA SEC.11 :-NO COURT SHALL TRY ANY SUIT OR ISSUE IN WHICH THE MATTER DIRECTLY AND SUBSTANTIALLY IN ISSUE HAS BEEN DIRECTLY AND SUBSTANTIALLY IN ISSUE IN FORMER SUIT BETWEEN THE SAME PARTIES OR BETWEEN PARTIES UNDER WHOM THEY OR ANY OF THEM CLAIM, LITIGATING UNDER THE SAME TITLE, INA COURT COMPETENT TO TRY SUCH SUBSEQUENT SUIT OR THE SUIT IN WHICH SUCH ISSUE HAS BE SUBSEQUENTLY RAISED AND HAS BEEN HEARD AND FINALLY DECIDED BY SUCH COURT. EXPLANATION-I:- THE FORMER SUIT MEANS A SUIT WHICH HAS BEEN DECIDED PRIOR TO THE SUIT IN QUESTION WHETHER OR NOT IT WAS INSTITUTED PRIOR THERETO. EXPLANATION-II:-FOR THE PURPOSES OF THIS SECTION, THE COMPETENCE OF THE COURT SHALL BE DETERMINED IRRESPECTIVE OF ANY PROVISIONS AS TO A RIGHT OF APPEAL FROM THE DECISION OF SUCH COURT. EXPLANATION-III:- THE MATTER ABOVE REFERRED TO MUST IN THE FORMER SUIT HAVE BEEN ALLEGED BY ONE PARTY AND EITHER DENIED OR ADMITTED, EXPRESSLY OR IMPLIEDLY, BY THE OTHER. EXPLANATION-IV:- ANY MATTER WHICH MIGHT AND OUGHT TO HAVE BEEN MADE GROUND OF DEFENSE OR ATTACK IN SUCH FORMER SUIT SHALL BE DEEMED TO HAVE BEEN A MATTER DIRECTLY AND SUBSTANTIALLY IN ISSUE IN SUCH SUIT . EXPLANATION-V:- ANY RELIEF CLAIMED IN THE PLAINT , WHICH IS NOT EXPRESSLY GRANTED BY THE DECREE, SHALL, FOR THE PURPOSES OF THIS BE DEEMED TO HAVE BEEN REFUSED. EXPLANATION-VI:- WHERE PERSONS LITIGATE BONA FIDE IN RESPECT OF A PUBLIC RIGHT OR OF A PRIVATE RIGHT CLAIMED IN COMMON FOR THEMSELVES AND OTHERS, ALL PERSONS INTERESTED IN SUCH RIGHT SHALL, FOR THE PURPOSES OF THIS SECTION, BE DEEMED TO CLAIM UNDER THE PERSONS SO LITIGATING. EXPLANATION-VII:-THE PROVISIONS OF THIS SECTION SHALL APPLY TO A PROCEEDING FOR THE EXECUTION OF A DECREE AND REFERENCES IN THIS SECTION TO ANY SUIT, ISSUE OR FORMER SUIT SHALL BE CONSTRUED AS REFERENCE'S RESPECTIVELY, TO A PROCEEDING FOR THE EXECUTION OF THE DECREE,QUESTION ARISING IN SUCH PROCEEDING AND A FORMER PROCEEDING FOR THE EXECUTION OF THAT DECREE. EXPLANATION-VIII:- AN ISSUED HEARD AND FINALLY DECIDED BY A COURT OF LIMITED JURISDICTION, COMPETENT TO DECIDE SUCH ISSUE , SHALL OPERATE AS RESJUDICATA IN A SUBSEQUENT SUIT, NOTWITHSTANDING THAT SUCH COURT OF LIMITED JURISDICTION WAS NOT COMPETENT TO TRY SUCH SUBSEQUENT SUIT OR THE SUIT IN WHICH SUCH ISSUE HAS BEEN SUBSEQUENTLY RAISED.

RES-JUDICATA SEC.11 & RES-SUB-JUDIE SEC.10 OF C.P.C.

  1. 1. SEC.10 CIVIL PROCEDURE CODE AND SEC.11 CIVIL PROCEDURE CODE DEALS WITH THE ABOVE SAID TITLE. 2. RES-SUB-JUDIE :- NO COURT SHALL PROCEED WITH THE TRIAL OF ANY SUIT IN WHICH THE MATTER IN ISSUE IS ALSO DIRECTLY AND SUBSTANTIALLY IN ISSUE IN A PREVIOUSLY INSTITUTED SUIT BETWEEN THE SAME PARTIES OR BETWEEN PARTIES UNDER WHOM THEY OR ANY OF THEM CLAIM LITIGATING UNDER THE SAME TITLE WHERE SUCH SUIT IS PENDING IN THE SAME OR ANY OTHER COURT IN INDIA, HAVING JURISDICTION TO GRANT THE RELIEF CLAIMED, OR IN ANY COURT BEYOND THE LIMITS OF INDIA ESTABLISHED OR CONTINUED BY THE CENTRAL GOVERNMENT AND HAVING LIKE JURISDICTION OR BEFORE THE SUPREME COURT. POINTS FOR CONSIDERATION A]. TWO SUITS MUST BE IN PENDING B].PARTIES IN BOTH SUITS MUST BE ONE AND THE SAME OR BY THEIR SUCCESSORS-IN-INTEREST C].ISSUES IN BOTH SUITS MUST BE ONE AND SAME D].BOTH SUITS MUST BE IN INDIA BUT NOT IN FOREIGN COURT WHERE CIVIL PROCEDURE CODE NOT APPLICABLE E]. PENDING OF SUIT MAY BE IN THE SAME COURT OR IN DIFFERENT COURTS SITUATED IN INDIA. THEN THE COURT SHALL NOT PROCEED WITH THE TRAIL OF ANY SUIT, PENDING DISPOSAL OF PREVIOUS SUIT AND STAY ALL THE PROCEEDINGS OF THE LATER SUIT.

Wednesday, September 1, 2010

HINDU MARRIAGE ACT 1956

SEC.16 DEALS WITH THE FATE OF CHILDREN OF VOID AND VOIDABLE MARRIAGES. THEY ARE ENTITLED TO A SHARE ONLY IN THE SELF ACQUIRED PROPERTIES OF PARENTS BUT NOT ANCESTRAL PROPERTIES AS CO-PARCENER, SEC.17 AND SEC.18 DEALS WITH THE PUNISHMENTS OF BIGAMY AND CHILD MARRIAGE RESTRAINT ACT.

HINDU MARRIAGE ACT 1956

SEC.16 DEAL WITH LEGTIMACY OF CHILDREN UNDER VOID AND VOIDABLE MARRIAGES AND SEC. 17 DEALS WITH THE PUNISHMENT FOR BIGAMY AND SEC.18 DEALS WITH PUNISHMENT OF CONTRAVENTION OF CHILD MARRIAGE ACT.

HINDU MARRIAGE ACT 1956

SEC.21B DEALS WITH TRIAL. AS PER 21B[1] CLEARLY UPHOLDS THAT THE TRIAL SHOULD BE CONDUCTED ON DAY TODAY BASIS UNLESS THERE IS REASON TO ADJOURN THE CASE BEYOND THE FOLLOWING DAY -REASONS TO BE RECORDED. AND AS PER SUB SECTION 2 ENTIRE TRIAL SHOULD BE COMPLETED WITHIN 6 MONTHS AS SOON AS POSSIBLE,FROM THE DATE OF SERVICE OF NOTICE TO THE RESPONDENT AND SUB-SECTION 3 SAYS EVERY APPEAL IS TO BE DISPOSED OF WITHIN3 MONTHS FROM THE DTE OF THE SERVICE OF NOTICE.SEC.21 C DEALS WITH DOCUMENTARY EVIDENCE BY SAYING THAT NO DOCUMENT SHOULD TURNED LEFT OUT DUE TO WANT STAMP DUTY AND REGISTRATION.SEC.22 SAYS THAT EVERY PROCEEDING SHOULD BE CONDUCTED IN CAMERA AND NO PROCEEDING SHALL BE PRINTED OR PUBLISHED EXCEPT A JUDGEMENT, WITHOUT THE PERMISSION OF HIGH COURT OR SUPREME COURT.SEC.23 SAYS THAT UNLESS IT IS PROVED THAT THE PETITIONER CAME TO COURT WITH CLEAN HANDS AND THE PETITIONER NOT CONDONED THE ACTS OF RESPONDENT AT ANY STAGE NOR THERE IS NO FORCE OR FRAUD OR UNDUE INFLUENCE IN MUTUAL DIVORCE AND THAT THERE IS NO COLLUSION AND THAT THERE IS NO UNNECESSARY DELAY OR IMPROPER DELAY IN FILING THE PETITION AND THAT THERE IS NO OTHER GROUND FOR REFUSAL OF RELIEF , EVEN THOUGH THE RESPONDENT DEFENDED OR NOT, THE COURT CAN PASS A DECREE . BEFORE PROCEEDING TO GRANT ANY RELIEF,IT IS DUTY OF COURT TO MADE EFFORTS FOR RECONCILIATION. PROVIDED NO RECONCILIATION STEP IS NEEDED WHEN THE PETITION IS FILED UNDER SEC.13[1][ii],{iii},[iv][vii] AND FOR THE PURPOSE OF RECONCILIATION , THE COURT CAN ADJOURN THE CASE FOR 15 DAYS OR APPOINT AN ARBITRATOR SUGGESTED BY BOTH PARTIES, WITH A DIRECTION TO REPORT THE SAME TO THE COURT AND FREE OF COSTS DECREE AND JUDGEMENT IS TO BE GIVEN TO BOTH PARTIES.SEC.23A SAYS ABOUT THE COUNTER CLAIM- WHEN A PETITION IS PRESENTED FOR DIVORCE OR JUDICIAL SEPARATION OR RESTITUTION, THE RESPONDENT NOT ONLY DEFEND THE SAME BUT ALSO PRESENTED A COUNTER CLAIM OF ANY RELIEF ON THE SAME GROUNDS SOUGHT BY PETITIONER"S ADULTERY, CRUELTY O R DESERTION, IF PROVED, THE COURT MAY GIVE TO THE RESPONDENT ANY RELIEF UNDER THIS ACT TO WHICH HE OR SHE WOULD HAVE BEEN ENTITLED IF HE OR SHE HAD PRESENTED A PETITION SEEKING SUCH RELIEF ON THAT GROUND.SE.24 DEALS WITH THE INTERIM MAINTENANCE AND EXPENSES OF PROCEEDINGS-PENDING DISPOSAL OF ANY CASE UNDER THIS ACT , ON THE APPLICATION OF THE WIFE OR HUSBAND, THE COURT CAN ORDER THE RESPONDENT TO PAY SUCH SUM TOWARDS EXPENSES AND SUCH SUM MONTHLY FOR MAINTENANCE , IF THE PETITIONER HAS NO EARNINGS.SEC.25 DEALS WITH PERMANENT ALIMONY AND MAINTENANCE-WHILE PASSING ANY DECREE OR SUBSEQUENT TO IT , ON THE APPLICATION OF WIFE OR HUSBAND AS THE CASE MAY BE, ORDER THAT THE RESPONDENT SHALL PAY TO THE APPLICANT MONTHLY OR PERIODICAL SUM FOR A TERM NOT EXCEEDING THE LIFE OF THE APPLICANT AND ALSO ORDER A CHARGE ON THE PROPERTY OF RESPONDENT.AFTER PASSING THE ORDER , ANY CHAGES HAVE OCCURED THAT IS THE PETITIONER ACQUIRED PROPERTY OR REMARRIED OR LIVING INADULTRY ETC.,, THE COURT CAN MODIFIED AND VARY AND ANNUL THE ORDERS.SEC.26 DEALS WITH THE CUSTODY OF CHILDREN- THE COURT ,PENDING THE CASE OR WHILE PASSING DECREE ALSO, CONSIDER THE CHILDREN WELFARE, CUSTODY, EDUCATION BY GIVING PRIORITY FOR WISHES OF CHILDREN AND FOR THAT PURPOSE, THE DECREE IS NOT FINAL AND IT CAN BE TREATED AS PENDING AS TIME TO TIME CHANGES ARE REQUIRED TO MODIFY THE SAME FOR SAKE OF CHILDREN.SEC.27 DEALS WITH PROPERTY -GIVEN AT TIME OF MARRIAGE AND AFTER THE MARRIAGE AND JOINT PROPERTY AND THE COURT MAKE SUITABLE PROVISION S WHILE PASSING A DECREE TO THAT EFFECT. SEC/ 28 DEALS WITH APPEALS FROM DECREE AND ORDERS-ANY DECREE OR ORDER UNDER SEC.25,26 ARE ALL APPEAL ABLE TO THE COURT WHICH GOT JURISDICTION FROM THE ORIGINAL SUIT OF THAT LOWER COURT AND TIME IS ONLY 30 DAYS..SEC.28A SAYS ABOUT EXECUTIONS- EVERY DECREE OR ORDER IS TO BE EXECUTABLE AS IF IT IS A DECREE FROM ITS ORIGINAL SIDE OF CIVIL JURISDICTION.THIS ACT NOT QUESTIONING THE MARRIAGES THAT TOOK PLACE BEFORE THIS ACT ON THE GROUND OF SAME GOTRA OR PRAVARA OR BELONG TO DIFFERENT RELIGIONS , CASTES OR SUB-DIVISIONS OF THE SAME CASTE .LIKES WISE RECOGNIZED THE CUSTOMARY DIVORCE BEFORE OR AFTER THE ACT AND ALSO NOT AFFECT THE SUITS THAT WERE PENDING AT TIME OF COMMENCEMENT OF THIS ACT AND SPECIAL MARRIAGE ACT .

HINDU MARRIAGE ACT 1956

SEC.21 CLEARLY STATES THAT THE CIVIL PROCEDURE CODE IS APPLICABLE TO THE PROCEEDINGS UNDER THIS ACT AND SES.21A POWER OF TRANSFER OF PETITIONS IN CERTAIN CASES, WHERE THERE ARE TWO PETITIONS UNDER SEC.10 OR SEC.13 PENDING IN TWO DIFFERENT COURTS EACH FILED BY EACH SPOUSE. THEN THE COURT WHEN BOTH ARE IN THE SAME COURT HEARD TOGETHER OR WHEN BOTH ARE IN THE SAME DISTRICT OR STATE , THE LATER PETITION SHALL BE TRANSFERED TO THE COURT OF EARLIER PETITION AND ALSO TRANSFER THE SAME UNDER CPC ALSO.

HINDU MARRIAGE ACT 1956

SEC.19 TO23 DEALS WITH COURT PROCEEDINGS AND SEC.23A AND SEC.24 DEALS WITH COUNTER CLAIM AND INTERIM MONETARY RELIEFS AND SEC.25 TO 28A DEALS WITH MONETERY AND PROPERTY AND CHILDREN AND APPEALS AND EXECUTIONS OF DECREES AND ORDERS 1. SEC.19 SAYS THE JURISDICTION OF COURT:- GENERALLY DISTRICT COURTS OR FAMILY COURTS ,OTHER WISE SENIOR CIVIL JUDGE COURTS HAS GOT JURISDICTION TO ENTERTAIN THE CASES WHERE THE MARRIAGE WAS SOLEMNIZED OR WHERE THE RESPONDENT IS RESIDES AT THE TIME OF FILING CASE OR WHERE THE SPOUSES LAST LIVED TOGETHER OR WHEN THE RESPONDENT IS RESIDING, OUT SIDE OF INDIA OR JAMMU AND KASHMIR, OR THE RESPONDENT WHERE ABOUTS NOT KNOWN FOR 7 YEARS, THE PETITIONER CAN FILE A PETITION,WHERE HE/SHE RESIDES 2. SEC.20 SAYS CONTENTS AND VERIFICATION OF PETITION:- EACH AND EVERY FACT SHOULD BE MENTIONED DISTINCTLY AND MUST PLEAD THAT THERE IS NO COLLUSION BETWEEN THE SPOUSES AND AS PER 2 IT SHOULD BE VERFIED AS A PLAINT BY PETITIONER OR BY AUTHORIZED PERSON.