Yurist & Partners

Q What is the Application for Review of Judgment? A Review Application (Section 114 and Order 47 of CPC 1908) is the reconsideration of the Judgment/Order at the instance of any person considering himself aggrieved of it. It can be filed where the appeal is preferred or in case there is no provision for appeal. Q Where Review Petition (Section 114 and Order 47 of CPC 1908)   will be filed? A Review Petition relating to the Suit/Petition shall be filed and accepted directly by the courts concerned (As per order no. 68358-738/Miscl . /Gaz/09 Dated 01/06/2009 of Ld . District Judge-I & Sessions Judge) who passed the Judgment/Decree in the said suit as the case may be. Q Within how many days Review Petition shall be filled? A Review Petition shall be filled within 30 days (U/s 124 of Limitation Act , Division III – Application Part I) of Judgement/Order, which is sought to be reviewed.

Jurisdiction of Family Courts, Delhi as per Information based upon data available in Chapter III of The Family Courts Act, 1984 at www.delhifamilycourts.gov.in Section 7: JURISDICTION 1)  Subject to the other provisions of this Act, a Family Court shall a) Have and exercise all the jurisdictions is   exercisable by any district court of any subordinate civil court under any law for the time being in force in respect of suits and proceedings of nature referred to in the Explanation; and b) Be deemed, for the purposes of exercising such jurisdiction under such law, to be a district or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the Family Courts extends. Explanation  The suits and proceedings referred to in this sub-section are suits and proceedings of the following nature, namely- 1A suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring th...

The details of ground of Eviction of premises U/s 14 of Delhi Rent Control Act is given below. 14 ( 1 ) (a)  Non Payment of rent: when Tenant did not pay the rent and a notice of demand of rent is served to Tenant. It is the liability of Tenant to pay it within two months from receiving the notice 14 ( 1 ) (b)  Sub-Letting : When the Tenant give premises or its any part without permission of Landlord to third party. 14 ( 1 ) (c)  Mis-User: When Tenant used the premises for a purpose, without consent of Landlord, other than that for which Landlord was let. 14 ( 1 ) (d)  Non-User : When tenant and his family is not staying in a rented premises continuous six months. 14 ( 1 ) (e)  Bona fide requirement: when a tenanted premises are required bona fide by Landlord or for any family member. 14 ( 1) (f)  Unsafe or unfit for human habitation: When rented premises become unsafe or unfit for human habitation and fo...

Q  Is the Appellate Jurisdiction of Addition Senior Civil Judge is similar and equivalent to Senior Civil Judge ? A  The Appellate Jurisdiction (U/s 39 (3) of Punjab Courts Act, 1918) of Senior Civil Judge is similar and equivalent to Additional Senior Civil Judge, therefore, it is not proper for a Senior Civil Judge to hear the appeals against the order(s) or decree(s) passed by Additional Senior Civil Judge while dealing with civil suits. Q  What is the Appellate Jurisdiction of Senior Civil Judge, Delhi? A Senior Civil Judge, Delhi hears appeals (High Court Rules & Orders in Volume I, Chapter 14, Part A, Rule 1 - Appeals & Revisions - Civil) from the Order, Judgement/Decree passed by the Civil Judges in regard to recovery of money, property dispute, injunctions etc. of the following value:- i )  Money suit of the value not exceeding Rs.1000/- ii) Land Suit of value not exceeding Rs.250/- iii)  Unclassed suit of value not exce...

Q What is the  Pecuniary Jurisdiction of Suits/Application/Cases shall be presented to the District Judge/Additional District Judge, Senior Civil Judge/Civil Judge and Judge Small Cause Court? A The Pecuniary Jurisdiction of Suits/Application/Cases presented to the District Judge/Additional District Judge, Senior Civil Judge/Civil Judge and Judge Small Cause Court is as under. From To 1 Judge Small Cause Court Till Rs.5 , 000/- 2 Senior Civil Judge/CJ Rs.5 , 001/- Rs.3 , 00,000/- As per Notification No. 382/Gaz . / F. Judl. 1 ( a) Powers Dated 21/07/2003. 3 District Judge/ADJ Rs.3 , 00,001/- Rs.2 , 00,00,000 As per Notification No. 131/Gaz . / F. Judl. 1 ( a) Powers Dated 06/11/2015. Q What is the Pecuniary Jurisdiction of Suit/Application/Cases relating to Commerical Disputes of District Judge in Delhi. A Suit/Application/Cases relating to Commercial Disputes, the specified value of which is  less than ...

The nature of suits and proceedings referred to Family Courts is given below. Hindu Marriage Act, 1956. Mutual Consent Divorce Contested Divorce Declare Marriage invalid Special Marriage Act, 1954. Mutual Consent Divorce Contested Divorce Declare Marriage invalid Indian Divorce Act, 1869. Muslim Marriage Act, 1939. Hindu Adoption and Maintenance Act, 1956. Guardians and Wards Act, 1890. Maintenance U/s 125 Cr.P.C. Execution of U/s 125 Cr.P.C. Suit of Declaration and Injunction between Husband and Wife. In addition, O/o Principal Judge, Family Court also receives Cases within the jurisdiction of Family Court in accordance with the law, which not indicated above.

Valuation of Court Fee affix at the time of filing of Fresh Suit, Petition, Application, Memorandum of Appeal, etc. District & Sessions Judge, Delhi Suit, Petition, Application, Memorandum of Appeal etc. Court Fee Anticipatory Bail U/s 438 of Cr.P.C. Rs.02/- Bail Application U/s 437 of Cr.P.C. Rs.02/- Caveat (U/s 148-A of CPC) Rs.06.50/- Execution Petition Rs.02/- Mental Health Act, 1987 Rs.02/- Transfer Petition Rs.02/- Principal Judge, Family Courts, Delhi Suit, Petition, Application, Memorandum of Appeal etc. Court Fee Hindu Marriage Act, 1956 Rs.15/- Special Marriage Act, 1954 Rs.15/- Indian Divorce Act, 1869. Rs.15/- Muslim Marriage Act, 1939. Rs.15/- Hindu Adoption and Maintenance Act, 1956. Rs.15/- Guardians and Wards Act, 1890. Rs.15/- Maintenance U/s 125 Cr.P.C. Rs.15/- Execution of U/s 125 Cr.P.C. Rs.02/- Suit of Declaration between Husband and Wife. Rs.15/- Injunction S...