केवियट का कानून,Caveat, How to file Caveat, 148-A C.P.C.,Procedure of filing Caveat Petition
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- čas přidán 6. 12. 2020
- Caveat
What is Caveat?
How to file Caveat?
Where to File Caveat ?
Friends
From this video you will learn how to file Caveat, what is caveat, what is section 148-A of the Code of Civil Procedure:-
Caveat
1 Point No.1 :- What is Caveat Petition
(Section 148A of the Civil Procedure Code, 1908)
A Caveat is a Latin term which means, 'let a person beware' originated in the mid 16th century. In law, it may be understood as a notice, especially in probate, that certain actions may not be taken without informing the person who gave the notice.
The Section 148A of the Code reads as under,
148A. Right to lodge a caveat.
(1) Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be, made, under sub-section (1).
(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.
(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator’s expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.
(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.
2 Point No.2:- How to File a Caveat Petition:-
Fill a simple format, which is available with all stamp vendors
Name of the Court
Name of the person by whom the suit or proceedings is likely to be field
order, notice, judgment under challenge for whom the caveat has been filed
Name of the person /Persons , who is filing the caveat Petition
Send a copy to the person , whom is going to file proceedings ( Suit, Appeal, Revision,Writ, application ) before any court or tribunal
Send the copy through registered post
File before the competent court along with the receipt of registered post and all the relevant documents like
Any order, decree, judgment, notification, or circular which is going to affect your rights
File along with court fees and Vakaltanama
3 Documents required to be filed along with caveat petition :-
Caveat petition,
Order against whom proceedings is likely to be instituted
Copy of Receipt of Registered post
Vakalatnama
4. What court does do after receiving caveat:- court always intimate through notice to the caveator that the suit or writ or proceedings has been filed and the case is fixed for hearing
5 . Point No.5 Who may lodge a Caveat? (Clause 1)
Any person claiming a right to appear before the Court,
•Where an application is expected to be made
•Where an application has already been made
•In a suit or proceeding instituted
•In a suit or proceeding which is about to be instituted
ii. Duties of the Caveator (Clause 2)
This clause is directive in nature. The person by whom the Caveat has been lodged is called a Caveator. He shall,
•Serve a notice of the Caveat by registered post, acknowledgement due
•On the person by whom the application has been made
6 Period of Limitation/ Validity of Caveat :-
The life of the petition is 90 days, from the date on which it was lodged.
of Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma, the court opined that a person who is a total stranger to a proceeding cannot lodge a caveat.
Karnataka High Court
G.C. Siddalingappa vs G.C. Veeranna on 18 June, 1981
Equivalent citations: AIR 1981 Kant 242, ILR 1981 KAR 1270, 1981 (2) KarLJ 323
Namish Nigotia
Advocate (Rajasthan High Court)
Jaipur
namishnigotia@gmail.com
Whats App Number +91-9414066135
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DURGAPURA, JAIPUR 302018
Very nice 👍 Lecture explained Sir
सरजी. बहोत काम की जानकारी बताई है. 🙏🙏👌👍
Thanks sir u r a best legal adviser
Very nice presentation Sir
Nice information sir j
Good information Sir ji...
Thanks lot Sir aapke videos bahot helpful hai Happy Diwali
Good information sir
Excellent sir
Sir maintenance 125 case Jo wife ney kiya hai par ek saal sey notics nahi aaya
Ispar main caveat partition file kar sakta hu .bataye sir
Sir, what is difference between notice served to opposite party after filing of suit and caveat?
Vry vry gud information
Thanks
Very nice sir
What remedy is available to the caveator whose caveat has not been discharged and interim has been passed against him
Shikayat karta isko kar sakte hai kya police ne secsion kam kardiya hai apradhi ka aur dusra kalam lagake jhooti charsheet dali hai aur hame kuch bataya bhi nahi aur c summary kiya hai to kya ham ye kar sakte hai
Wonderful
Very important information!
Thank u🌹
So nice of you
Very nice told 🙏🏻 But...
I had a question related caveat I put caveat to AC against my opposite party case related to land I have all the court documents but still AC has given stay to my opposite party. So could you please advice how this stay given them without any confirmation of 1 st party please confirm... Waiting your answer Thank you!
without any appeal or revison caveat has been filed or not
Thanku sir very easy language
Sir ye last vala example jaipur high court me bhi lago ho ta he
Sur suprime c me ceavet kerne keliye kitna k aata hai
Agar caveat wrong information deke court ko file karwa li ho, to us caveat ko kaise cancel kara sakte hai???
Thank you sir.😊
Sir ji agar n I act 138 mein talab nhi hua to warrant kitne din mein hoga
Good sir 👍g
Writ petition aur PIL kon file kar sakte hai Sir
Sir what is caveat charges of advocate for filling it
Thanks
148a notice ka jawab na de to kya hoga please suggest
Sir i am under trial case in custody 3 years 1month in panipat jail police ne mere sare documents file utha liya tha ab mere paas koi jawab nhi hai
Please suggest
Sir summon kaise karaye jate hain aur iske liye relevant documents kya lageng it will be helpful for new advocates
Sir are you practice in delhi courts
ई कोर्ट प्लेटफार्म पर ऑन लाइन केवियेट फाइल हो सकती है?
As per the principle of Audi alterm partem......the court issues summons to the defendants before proceeding ex parte........ summons of the court is itself a notice to the defendant.........so what is the need of caveat.......
सर review का क्या प्रोसीजर है...
Court me caveat dakhil ho gyi hai to kese pta kre???
नमस्ते सर हमारा जमीन से जुड़ा हुआ केस है जिसमें हम एसडीम कोर्ट राजस्व अपील अधिकारी रेवेन्यू बोर्ड से जीत गए हैं क्या हमें केविएट लगाने की आवश्यकता है बताने की कृपा करें प्लीज
Very informative 👌 Neatly explained 👏🏼
Improper information, Adv is not aware with the things.
@@ConviverBook Are you aware of laws? I want to ask a question
My case in Registered in a Labour Court & its been more than 1 year Not even a single hearing has taken place. No judge appointed from one year. What is the remedy for this?
@@creativekarnataka6821
Drop ur WhatsApp number here for proper discuss
i realize I am pretty off topic but does anyone know of a good site to stream newly released tv shows online?
V nice sir
Thanks
138 mein paisa dena padega ya nahi
What is the fee of file caveat , full fee sir g
जमीन के मामले में दाखल कर सकते है क्या??????
Caveat file ho to stay kaise laye
🙏✨✨👍
Sir kisi sarkari karmchari ,jo ki apna kartavya ka palan nhi kar rha ke khilaf hc mein mandemus kaise jari kare ,
Kya hum ise online bhi apply kar sakte hai ya rajya ke hc mein hi jana padega
Yes you have to appear before the court
Advocate Gopal sharma
To know contact me through whatsapp 8218678848
Sir I want to ask a question
..whether in all cases vakalathnama is required...and need to be affixed .
Whenever you want to file any nee suit or case wakalatnama is required....not everytime while the procedure is going!only filling new cases or suit...
Yes
Is affidavit required in Caveat petition?
Thanks a lot sir
Sir registry office me register ke pass caveat file Kar sakte h kya.... Sale ko रोकने के लिए
No
Sir karona kal me 6 mahina ke andar hi accident case me calem file karana hai time jada hogaya hai
Yes
@@LegalAdviceForEveryOne sir 6 mahina se adhik hogaya hai clam hoga na sir g plz reply
Sir can Caveat be filed in criminal cases?
No
Sir keviyat file karne me kitne rupay lagte he
50k
बढ़िया सर जी..... जिसके खिलाफ किसी कार्य के कारण केस करना है तो केवियटर केविट डालकर उस गलत कार्य को करता रहेगा क्या या उस गतिमान गलत कार्य को केवियटर करता रहेगा.... ऐसे तो केवियटर अपना गलत कार्य करता रहेगा... जब तक देर हो सकती है प्लीज रिप्लाई
Wrong notion
सर कैवेट पिटीशन किस कोर्ट में दाखिल कर सकते है या सिर्फ हाई कोर्ट में ही
In all courts in civil cases
Criminal Case mein
for fresh matter caveat can filed or not
Yes
That can be filed
Sir do a video on put up application n procedure in civil court
Already uploaded on interlocutory Application
@@LegalAdviceForEveryOne thank you sir..i will go through on that video...hope to get more help from you in next also..
Sir yeh Jo mooti mooti books aapke office Mai hai yeh ek jaisi kyu Hoti hai or unmai Kiya hota hai
Judgement of supreme court year wise
,🙏🌹 Thank you sir
Welcome
Sir please advise what is the fee for Caveat?
Depends on lawyer
im not your friend! mai apne dost khud chunti hu
Very nice sir
Thank you sir
Very nice sir
Very nice sir
Thanks