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Whether a party can produce document in cross examination even if it was not produced along with written statement?
Order VII Rule 14, Order VIII Rule 1 and Order XIII Rule 1 of the Civil Procedure Code. Besides, if an interpretation as canvassed by Shri Pangam is accepted, the provisions of Order VII, Order VIII and Order XIII would be rendered nugatory and as observed in Laxmikant Sinai Lotlekar (supra). The learned Trial Court therefore was in jurisdictional error to disallow the objections raised by the petitioner-plaintiff contrary to the mandate of Order VIII Rule 1 and Order XIII Rule 1(3)(a) of the Civil Procedure Code. The Respondents had to follow the mandate as contained in Order VIII Rule 1 of the Civil Procedure Code and could not seek to produce such documents directly during the cross examination of the plaintiff which it had to otherwise rely upon in a list of documents as required by law. The learned Trial Court therefore committed a jurisdictional error and therefore the impugned Order calls for an interference.
In the result, the Petition is allowed and the impugned Order is quashed and set aside. It goes without saying that there is no need of any reference of the matter to the Chief Justice for referring to a larger Bench in view of the decision in Purshottam (supra) and Laxmikant Sinai Lotlekar (supra). There shall be no order as to costs.
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How to amend application if pleading stage complete in Arbitration?
See when it comes to Arbitration, the Code of Civil Procedure is not applicable to the same. So even if the pleadings are completed, there is no express bar with respect to amendment of the pleadings.
It is a general rule that once the proceedings have reached the stage of evidence (examination and cross-examination of witnesses), the Court / Tribunal shall refrain from allowing the amendment applications unless sufficient cause is shown by the Applicant for filing the Amendment Application.
We will be in a better position to guide you if we could know as to which forum this application was moved which you are seeking to amend. Is it an application before the High Court or before the Arbitral Tribunal?
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What is the time limitation for execution of arbitral award
Arbitrator award execution can be filed where agreement MoU has been executed. You have to file the execution petition in the area of civil court jurisdiction. Under amended provisions in appeal any operation of the award stay has not provided than you Can file execution Proceeding.
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Remedy against private schools hiking fees arbitrarily
Parents aggrieved with arbitrary fee increase by private schools in the National Capital can register complaints with the 'Fees Anomaly Committees' in each District with the Delhi Government ordering disposal of the complaints within 90 days.
With this, the Delhi government has made it clear to act tough against private schools increasing their fees, citing implementation of the Seventh Pay Commission.
Therefore, any parent or guardian aggrieved by the amount of fees or any other charge being levied by the school may register a complaint with the fee anomaly committee of the respective district with processing fees of Rs. 100.
Moreover, all private schools have already been directed to make available to the panel any record of the school and also submit its accounts in the proforma as prescribed for the purpose.
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Power of high Court to interfere in the decision given by NCLT
Yes the high court has all the powers to interfere In the decision of NCLT. however the cases from NCLT goes to NCLAT and the to the High Court and further to the supreme court.one can file a writ petition under article 226 of the constitution in the high court.
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Son claiming property on basis of unregistered will can sisters claim?
The sisters (daughters) can file a partition suit seeking heir rightful and legitimate share in the property left behind by their father. Let the son claim that he acquired the property through a Will, the Will can be challenged and the son may be asked to obtain grant of probate of Will if he says the Will to be genuine.
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What to do i am unable to pay my car EMI
If you are unablr to pay, ask the bank authorities to sell your vehicle and adjust the amount. If even after selling your vehicle, dues remain, you need to pay the remaining amoumt. If u didnt pay, bank may file case against you amd your guaranteer. So its better to settle amicably.