How to compute Limitation for filing appeal if applied for Certified Copy of the order

However, the applicant is entitled to have the period of deduction computed from the date the application for a certified copy of the decree is made, till it is delivered, provided the application is filed within the period prescribed for filing the appeal, and no part of this period is due to any lapse on the part of the applicant, such as failure to supply copying sheets or deposit the cost of a certified copy within the time stipulated and failure to collect a copy on the date fixed for taken delivery of the same, irrespective of the fact whether on the date of filing of the application, the decree was signed or not. The limitation commences from the date of the Judgment and not from the date the decree is signed.… Read More How to compute Limitation for filing appeal if applied for Certified Copy of the order

How to determine whether a Hindu religious endowment is a public or a private one

The references: Dr. Bijan K. Mukherjee on Hindu Law of Religious and Charitable Trust (Tagore Law Lectures, 3rd. ed., 1970); Mulla’s Hindu Law (14th ed.); Ganapati Aiyer’s Hindu Religious Endowment (2nd ed.); Saraswathi Ammal and Another Vs. Rajagopal Ammal, , Saraswathi Ammal and Another Vs. Rajagopal Ammal, , Raj Kali Kuer Vs. Ram Rattan Pandey,… Read More How to determine whether a Hindu religious endowment is a public or a private one

How to file a Petition for Special Leave to Appeal[SLP]

Petition for Special Leave to Appeal before Supreme Court 1.(a) The petition for special leave to appeal invoking the extra-ordinary appellate jurisdiction under Article 136 of the Constitution read with Order XXI of the Rules shall be filed in Form No. 28. No separate application for interim relief need be filed and interim prayer, if any, be incorporated in… Read More How to file a Petition for Special Leave to Appeal[SLP]

Vakalatnama how to file

(a) Every vakalatnama in any cause, appeal or matter shall be executed by the party: Provided that a person, other than a party to the cause, appeal or matter, may file vakalatnama on the basis of Power of Attorney but shall annex original Power of Attorney with the vakalatnama.

How to file Affidavit before Calcutta High Court

Calcutta High Court Appellate Side Rules Affidavits 22. Every affidavit to be used in a Court of Justice shall be instituted “In the Court of ……………………… at ………………,” naming such court. 23. If there be a cause in court, the affidavit in support of, or in opposition to, an application respecting it shall also be instituted in… Read More How to file Affidavit before Calcutta High Court

How to ascertain continuing consent in a proceeding under Section 13B of Hindu Marriage Act

Supreme Court in the case of Smt. Sureshta Devi v. Om Prakash (1991) 2 SCC 25, gives considerable guidance. 33. In Paragraph 8 of the said judgment, this Court summed up the requirement of Section 13B (1) as follows : “8. There are three other requirements in sub-section (1). They are : (i) They have… Read More How to ascertain continuing consent in a proceeding under Section 13B of Hindu Marriage Act

How to exercise inherent power by High Court under Section 482 of the Code?

(2011) 13 SCALE 522 (SUPREME COURT OF INDIA) Punjab State Warehousing Corporation Faridkot Appellant Versus Sh. Durga Ji Traders and Others Respondent (Before : D.K. Jain and Anil R. Dave, JJ.) Criminal Appeal No. 2226 of 2011 (Arising out of S.L.P. (Criminal) No. 5305 of 2008) : Decided On: 28-11-2011 ORDER 1. Leave granted. 2.… Read More How to exercise inherent power by High Court under Section 482 of the Code?