What is immovable property?

Anything that cannot be moved from one place to another is immovable. Property which are immovable can be:-

  • Land
  • Anything fastened or fixed in the land
  • Buildings
  • Machineries

There is a simple definition of immovable property which purports that immovable property is something erected, fastened or fixed with the land in such a way that it cannot be removed without consideration efforts and time.

Explanation 1:- A machinery is fixed in a building is a immovable property because it cannot be removed from the surface without consideration manual labour and time. However, a machinery may also contain some movable parts like cogs or buttons. In such case the parts which are movable will remain immovable property as long as they are attached to the machinery. When the movable parts are taken out of a fixed machinery, it becomes movable property.

Explanation 2:- In recent time, the money has been rendered digitally available via computers. A money which has been accounted for movable and tangible item has been rendered digital. A person can transfer the money from a small device like a computer. It is been known that the record of transaction is the only proof of money and such records are stored in super-computers which are in a remote distance from the place where transaction is been done. Also such super-computers are generally permanently attached to the buildings, which make them immovable property. Now, a money digitally stored inside such immovable super-computer can be wrongly considered as a immovable property as well. Though, the money is stored inside the computer, they are not the part of the computer system. Digital money is just some information which is temporarily stored inside the system and can be changed or moved at ease of fingertip. Such ease brought them under the category of movable property. The banks which operates via internet cannot ignore the inevitability of internet failure. For such failures, banks still operates via papers unless the transaction is completely paperless.

Know about movable property

Note:- If you have any objection with regard to above noted explanations, please write us at admin@www.fariyadi.net.

 

How does civil case/suit run?

You’ll follow these steps during a civil case:-

  • REQUISITE: A Property-in-dispute: – A property-in-dispute is starting point of civil cases. A property-in-dispute can a movable or immovable property.
  • Step 1: Get a Good Lawyer: – The Lawyer is your mortar in the court’s battleground. A good lawyer increases chances of your victory. The lawyer will draft your case, run errands, etc. thus saving your time and pain. Got it? However, if you don’t have money to hire an advocate, you can apply for a lawyer in the court, they will arrange an advocate for you (only if you are a very poor person). And if the advocates are refusing to take your case, you can fight yourself.  WE DO NOT RECOMMEND PLEADING YOUR OWN SUIT. A GOOD LAWYER WILL RAISE CHANCES OF YOUR VICTORY.  However, if you don’t wanna hire a lawyer, we www.fariyadi.com are happy to help you.
  • Step 2: Preparation of Plaint: The plaint is the formal document which contains your claims for property-in-dispute. Get a Lawyer to draft you plaint
  • Step 3: Payment of court fee and plaint filing: Courts fee is very little about of money. Know about various court fee money. You can file your case in the court only after payment of court fee. Remember, lawyer’s fee, travel expenses, paper cost doesn’t fall under the criteria of court fee. NEVER FORGET TO TAKE A RECEIPT OF MONEY YOU PAY FOR ANYTHING IN THE COURT. Know about various court fee.
  • Step 4: Notice/Summon: Court issues summons and notices to the respondents. Know more about Notices
  • Step 5: Written statement – After service of summons and notices, the responding party will file the written statement. The respondents may deny or accept your claims via written statement. know about written statement
  • Step 6: Framing of Issue – During the case proceeding, the court will point out the issues of the case. Issue means something you are claiming and respondents are denying. know more
  • Step 7: Evidence – Evidence is everything in the court of justice. Evidence are rarely witnesses and mostly papers in civil cases. It must be remembered that evidence is valid when they are recorded inside the court by a judge or on the affidavit. Only the judge can decide whether the evidence is genuine or fake. In terms of evidence, even a postal receipt related to the case is an evidence. Are you afraid how you going to prove your evidences in the court? Well, you need a lawyer? Go get one from here.
  • Step 8: Hearing: Every civil court is compelled to publish a weekly or monthly causelist. Causelist is a list of cases called for hearing in the court. After your number appears on the causelist, you’ll need to appear in the court to prove your rights over the property. Remember, if you fail to appear on hearing, the court may reject your case by default. Hearings are also held to check the validity of your initial claim over the property-in-dispute. If this part goes smoothly and your plaint is accepted and you can go on further in the fight. There are two sub-part of a hearing, cross-examination, and arguments. know more
  • Step 9: Judgment: After hearing the court will deliver a judgment. A judgment contains all the proceedings and recording of the case. Also, it contains the findings of the case. In the judgment, the judge can either reject or approve your claim over the property-in-dispute. However, this is not the end of the case proceeding.
    • Decree: In civil cases, the court pass decree which contains actions brought by the ending of the case. For example: – if  the court accepts your claim over a car, it will also issue a decree for your acquisition over the car and actions to be taken for your possession. For the real actual action, decrees are made.
  • Step 10: Appeal: Neither judgment nor decree is the end of civil cases. There will be an appeal from every decree passed by the appellate court. However, a decree is passed with consent of parties or Decree passed by a Small Cause Court for value not above Rs. 10,000, will not have appeal except on the question of law.
    • Step 10-A: Reference to the High Court: If a civil court fails to decide the ending of the suit, it will request the High Court of the state to do the same. It happens where the lower court fails to decide on the basis of law laid down in the books or something like that happens.
    • Step 10-B: Review: If you believe that your court has overlooked a fact or any provision of law, you can file a review application. Review applications always lie in the same court which passed judgment and decree.
    • Step 10-C:  Revision: If you think that your court has passed the judgment and decree illegally, then you can file a revision application in the High Court of your state.

So, folks, this is a short trip to the Civil Courts in our country. You might have come across few things you don’t know about. Just open the links near the terms or request us to add about it.

People, the Civil Courts in our country has a very bad reputation in terms of length of the case. It is a really bad situation which can be only eradicated with education. So keep educating yourself.

Know why lawless future is dark!!!

In India, everyone fears the LAW. The Law was written for the safety of the innocents from bad guys. Somehow, for last 100 years innocents are fearing law and bad guys are enjoying the flaws of laws. Even worse, it is happening for way too long. Why is the law unable to do its work? Why the law, which is so extensively written for us, is feeling helpless.

Many readers will agree that habitual offenders and criminals are enjoying the freedom and innocent people are living a hell. The situation is so harsh that people are taking their lives. What could be worse? We are still not learning from our mistakes and there are still criminals leading our governments.

Even if we watch our news for some time, we will see some news reporters telling us that the MLA (the politician who makes laws) is the history-sheeter. The background of brand new politicians in Bihar makes us feel that criminals are leading our government. Of course, we the taxpayers and voters we are responsible. Also, allegations against Public Servants has proven their efficiency in crime and corruption. Worse, if we count white collar crime as the serious crime, then the scenario will be utterly hopeless.

Quite recently, C.B.S.C. Board of Education made “Law Education” a compulsory part of the basic educational. Just think about it, it took them 50 years to figure out that law education is even necessary for the future of our nation. Major education board still haven’t made law education a part of basic education system.

In our school system, everything is sub-standard. Parents pay their hard earned money, but it never works. Right now, a majority of our youngers are ill-educated. They just hate the books they carry in the bag. For them, school is one lot of hell Made-in-India by their own parents. However, for school makers, education is just another business, a fortune making business, indeed.

The outcome of this education system: the majority of students have no interest in their course subjects. Worse, schools are not ready to give kids an opportunity to visit the library (if there is a good or even sub-standard library at all). Students have no access to literature and books they may like. Somehow, teachers are also not interested in teaching. At present schools have their focus on “Finishing-the-Course”. Alas! In such situation, law education is going in the dustbin. There may be more chalk dust classrooms but kids are not going to learn about the law.

Now have a picture, will ordinary kids (who have no access to Giant-English-Schools) are going to learn about law at all? Seriously, you also know the answer. Absolutely NO.

So, people, this is the little picture of our law education. I believe you have some questions and would like to have answers. Keep looking for them. We have some answer in the next part of this post.

Know how you can save your future!

 

A trip to Civil Court

In India, it is well said that everyone will visit the court in his/her life time, it’s inevitable. Normally, we Indian people (illiterate and literate alike) fear the court of justice. There is a sufficient cause for such fear. The Court proceedings in India are time-consuming and costly. There is no such thing like “Affordable Justice” (Sulabh Nyay). Anyone who started a court suit in adolescence will likely to see it running throughout his/her life and may also see it unfinished even after his/her child will become a teenager.

A question is always persisting like dust upon the court files: Why the Civil Court procedures are so much time taking in India? Why a civil suit normally runs for twenty years?

“You always fears something you don’t know.”

The answer of “delayed justice” is something that mingles between simplicity and complexity. Uneducated people who doesn’t know about law fears the courts. The institution which was established to serve people has become a source of extortion for them. The simple and speedy court procedures are tangling in the complexity created by clever people who dwells and deals in law.

Know how a bad Advocate can play with an uneducated client

The problem with Indian people is lake of legal education. And to add an insult to injury, the next generation will likely to go like the last one. know why

So, to ease up things a little bit I’ll take you folks for a trip to civil court.

Here is a short Preliminary

Before you go for a ride, let’s have some info.

There are four type of courts in general:-

  • Civil Court
  • Criminal Court
  • Appellate Court
    • High Court
    • Supreme Court
  • Special Courts

Civil Courts are the establishment of lowest level (District Level). The Civil Courts deals with the cases of dispute of the property and money. This means the criminal stuffs will not be dealt by the Civil Courts. The cases in the Civil Courts are entertained through papers which are combined called a Civil Suit.

Here is the catch, Civil Suits are consists of following:-

In essence, Civil Suits are cold wars fought between two or more parties, for some property or money. Like any war, it is time-consuming if you have the equal amount of weapons in your armory. Have better weapon, win war quickly and go to your house with your bounty. Got a picture? Good!!!

So, what cause delay?

There could be many obstacles in the path of speedy decision of suit. Some of them are:-

While Civil Court never has any intention to delay the judgment, some people may have. It is an old saying, “You are your biggest enemy are friend”. A person can be naive, ignorant and fool and make a hell for himself/herself. On the either way same person can have education and make everything easier.

the world where the time is most valuable resource above others, we cannot afford this thing going on. Have faith, time is changing and soon the procedure will change too. But till then, have knowledge and be armed with knowledge. As an old saying imply, “Better Safe than Sorry!”

DISCLAIMER:- This is an extensively wrote article. However, a few things might be missing and maybe added in new post. Author and fariyadi.com hold no responsibility of any damages caused by information on this post. It is advised that the reader hire an advocate for legal works and/or use your own knowledge and discretion in addition to the information posted herein above.