Ernie Garcia’s Post

The Abuse of Order 7 Rule 11: **A Cause of Unnecessary Delay in Civil Proceedings** Order 7 Rule 11 in civil proceedings. This provision, meant to serve as a safeguard against frivolous litigation, allows for the rejection of a plaint at threshold. However, the tactical invocation of Order 7 Rule 11 has increasingly become a tool for delaying proceedings, often causing undue hardships to genuine litigants. In my opinion the Courts must impose significant costs on frivolous applications under this provision. In the enclosed order one can see that the findings of the Ld. Court are clear that the application was on frivolous grounds still it did not impose costs wherein this application delayed the suit by 6 months wasting the court's time and delay in justice. Somehow I feel more than CrPC, it was CPC that was needed to be reformed.... #LegalReform #CivilProcedure #Order7Rule11 #LegalPractice #JudicialEfficiency #AccessToJustice #Justice4Simran

Recent Law Updates-Delhi High Court- Division Bench- Geeta Anand Vs Tanya Arjun & Anr. CS(OS) 601/2022- Conflict of opinion- Family Courts vis a vis Civil Courts- Kindly read full judgment. #recentlawupdates #familylaw #civilcourts #conflictofopinion #jurisdiction #delhihighcourt #happytohelp Lawctopus

With the New Subordinate Court Rules of 2024, you can now bring civil claims up to ZMW 1,000,000 before magistrates. This expansion broadens the scope for legal recourse, ensuring a more inclusive and efficient resolution of disputes. #lawyer #court #legalalert Read more 👇

When the Tenant Fails to Pay Rent Into the Court Registry The most common way for a tenant to appeal is by filing an Affidavit of Inability to Afford Costs, also known as a Pauper’s Affidavit. However, the tenant also generally agrees as part of this appeal to pay their rent into the court’s registry and in accordance with an order by the court. But what if they don’t pay? #TexasPropertyCode #TexasLandlords #Landlords #Landlording #LandlordAttorney #TexasPropertyRights #PropertyLaw #RentalProperty #ErnieGarcia #JP #JusticeofthePeace #Court #CountyCourt #EvictionAppeal #WritofPossession #TrialdeNovo #CourtRegistry

A troubling trend has developed in federal class action litigation as some plaintiffs counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the rule's traditional limits. In this article for Law360, my Jones Day colleagues Jay Tambe, Louis Chaiten, and Sarah Welch review how litigants and courts are increasingly testing the limits of federal courts' equitable powers under Rule 23(b)(2). https://ow.ly/Axsz50TELou #litigation #classaction #classactions

A troubling trend has developed in federal class action litigation as some plaintiffs counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the rule's traditional limits. In this article for Law360, my Jones Day colleagues Jay Tambe, Louis Chaiten, and Sarah Welch review how litigants and courts are increasingly testing the limits of federal courts' equitable powers under Rule 23(b)(2). https://ow.ly/J24r50TEIg8 #litigation #classaction #classactions

A troubling trend has developed in federal class action litigation as some plaintiffs counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the rule's traditional limits. In this article for Law360, Jayant Tambe, Louis Chaiten, and Sarah Welch review how litigants and courts are increasingly testing the limits of federal courts' equitable powers under Rule 23(b)(2). Click below to download the article. #litigation #classaction #classactions

SC judgment dated 31/01/2024- initiation of criminal proceedings for civil dispute observed at para 34. In sum, the dispute, if any, is between the land-owners/principals inter-se and/or between them and the PoA-holder. We think it would be improper to drag the appellant into criminal litigation, when he had no role either in the execution of the PoA nor any misdeed by the PoA- holder vis-à-vis the land-owners/principals. Moreover, the entire consideration amount has been paid by the appellant to the PoA-holder.

A troubling trend has developed in federal class action litigation as some plaintiffs counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the rule's traditional limits. In this article for Law360, my Jones Day colleagues Jay Tambe, Louis Chaiten, and Sarah Welch review how litigants and courts are increasingly testing the limits of federal courts' equitable powers under Rule 23(b)(2). https://ow.ly/L9nE50TETTi #litigation #classaction #classactions

When you receive a court summons, whether it's for a criminal case, a civil matter, or even jury duty, it's imperative to take it seriously. Failure to appear can result in a variety of consequences, ranging from minor inconveniences to significant legal penalties. Learn about these penalties by contacting us. #FailureToAppear #Court #JuryDuty #CriminalCase #CivilCase #LegalPenalties #CourtAppearance