A Sub-Divisional Magistrate cannot legally attach property under Section 146 of the CrPC if a civil suit regarding the same property is already pending. This guide explains why such orders lack jurisdiction and outlines the proper legal remedy, including filing a petition under Section 482 CrPC to the High Court based on established Supreme Court precedents.
civil suit
Suit dismissed for defect in parties
This legal guidance explains the consequences of dismissal of a civil suit due to non-joinder or misjoinder of necessary parties. It discusses the remedy of impleading proper parties, restoration or refiling of the suit, amendment of pleadings, and the legal principles governing defect in parties under the Civil Procedure Code.
Legal heirs of defendant filled objection on maintainability and execution of suit
This legal guidance explains the effect of objections raised by the legal heirs of a deceased defendant regarding maintainability and continuation of a pending civil suit. It discusses substitution of parties, survival of cause of action, execution-related objections, and the procedure applicable under the Civil Procedure Code in partition and property disputes.
Closing fixed deposit when father is not traceable
Closing fixed deposit when father is not traceable. Based on negotiation prior to the divorcee decree, an account of Rs.2.5 lakhs was deposited in FD in the name of my minor daughter by her father (my ex husband) in Syndicate Bank. Now this bank is merged with Canara...
Can I evict my brother and his wife from my house
Can I evict my brother and his wife from my house? My brother and his wife had been residing with my parents and me since their marriage in November 2022. In November 2023, my mother executed a gift deed, transferring the property to me as the elder son. Presently, I...
How to expedite the delay proceeding by High Court
After High Court Judgement( 2003 ), I purchased a small plot with Bank loan in Bangalore started construction of the house( 2004 ). The High Court Judge, in his final Order, mentioned that “This dismissal does not stop litigant to prove his title.” Basing on this, again loser (let’s say A ) started the new case in the lower court, now after 15 yrs, I don’t see any end for this.
I am staying in the house without any disturbance, but the case is continuing endlessly. During the initial process of trial, another party (let’s say B ) also involved and we managed to club both cases to cut short of time. Now, ‘A’ again made an application with HC ( 2014 ) saying that clubbing is not correct since, the properties are different, which is not correct.
Now HC put the case into B group and not giving any orders on clubbing and asked the lower court to halt proceedings till then. The litigants are happily passing the time and case hardly comes once in months in all this 6 yrs. Our lawyer says, not to worry, the house is in my possession.
My evidence and cross-examination were over in 2010.
Question
How to take this case forward and close it early?
Can lower court rewrite HC judgement?
Why the HC not bothered about earlier Judgement?
Is it my mistake that I bought a property after High Court Judgement?
Suit for declaration of a matrimonial status before the family court
Suit for declaration of a matrimonial status comes under the jurisdiction of family court or not is the issue. One of the spouses filed a civil suit to declare himself the husband. At the initial hearing objection filed by the opponent against the maintainability. The...