Interlocutory Order

Question: Status Pre-Amission / ACT: C.P.C.- (Interlocutory Order) / Categor :FOR RESTORATION / STAGE:FOR ORDER? I have a shop which was rented years back by ma grandfather.Now i want it back Have already Got the judgement in my favour in lower courts. Now the Person has goen to Bombay High Court (Petitioner) and i am the respondent.... MY CASE STAUS IS AS UNDER ON Bombay high court website. Status Pre-Amission / ACT: C.P.C.- (Interlocutory Order) / Category :FOR RESTORATION / STAGE:FOR ORDER The Petitioner have filed a WRIT PETITION and got Interim relief.Its been more than a year with no progress furthe.What should i do ? what are the options available ? what does this details on website say Status Pre-Amission / ACT: C.P.C.- (Interlocutory Order) / Category :FOR RESTORATION / STAGE:FOR ORDER ????

Answer: It means that you have to get an attorney quick

Question: Interlocutory appeal filed trial court still enters order? an interlocutory appeal was filed and the trial court still enters case status hearing , do I need to go to court while the appeal is still on and that the trial court loses jurisdiction immediately an appeal is filed. what can I do now. I am a pro se litigant.

Answer: You should check the specific laws in your state. Normally an interlocutory appeal suspends the case until the appellate court decides the issue. Therefore there would be no proceedings requiring you to attend. However, be careful. If necessary, pay a few dollars and talk to an attorney.

Question: I want my tax return back now that I have a court order including my student loans in my bankruptcy. Next? After they took my $10,780 tax return (which I borrowed money to contribute to an RRSP to get), I went to court and got an order including my student loans in my bankruptcy. Now, I want my return back and I am willing to go to court myself to do it. I just need a little advice about which court and act to apply under. Those buggers lied when I repeatedly contacted them by phone about inclusion of my student loans in my bankruptcy, filed no response with my trustee and gave me my GST and return for several years until I was expecting this massive return. All this happened the same week that I lost my job. I will get my money back!!! How can they possibly support taking my money after repeatedly telling me over the phone that my loans were taken care of by my bankruptcy?? Can you help me figure out which court to appy to? I AM GOING TO RUN THEM AROUND THE BLOCK FOR AS LONG AS IT TAKES!! They will have to spend thousands on discoveries and disclosures and interlocutory applications, and then, if they still have my money, I will appeal and appeal and appeal. For starters though, I'm going to try discussing this matter with a manager and see where we go. Has anyone gone the legal route before? Have there been any successful outcomes when CRA staff failed to advise that loans were still owing when contacted by phone and CRA filed no reply with a bankruptcy trustee? PS - I am Canadian

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Question: Regarding pending IA? Our Interlocutory Application (IA), is unheard in court from past 10 months, Once we tried to press the judge told he will take up the matter at last, Since, IA is with regard to share dispute under one plaintiff it will create problem if it is taken up in last, I asked my advocate if any other way to just bypass this court and move to highcourt, but he is telling there is no ther way we have to press our IA and take an order here then only we can move to highcourt,,,,Pls guide is there any way to by pass this court..

Answer: APPLICATIONS 37.01 (1) Unless the court otherwise orders, a proceeding commenced by an originating notice (application inter partes) or an originating notice (ex parte application), or an interlocutory application in a proceeding, shall be heard on application to (a) a judge of the Supreme Court of Nova Scotia sitting in chambers; or (b) the court when sitting during a trial or pursuant to an order. (2) When the court orders, a proceeding commenced by an originating notice (action) may be heard on application to a judge of the Supreme Court of Nova Scotia sitting in chambers. (3) An application may be heard by the Nova Scotia Court of Appeal when it is expressly authorized by an enactment, rule or order of the court. Notice of application: Form, filing and issue 37.02. (1) A notice of application shall set forth with sufficient particularity the nature of any claim being made or of any question sought to be determined, and of any relief or order claimed, and have attached thereto a true copy of any affidavit to be used in support of the application, but it shall not be necessary to claim for general or other relief, or for costs. [Amend. 12/12/74] (2) When a notice of application originates a proceeding, an originating notice (application inter partes or ex parte) in Form 9.02A or 9.02B, with any supporting affidavit, shall be filed and issued by the prothonotary before the notice is served or the application is heard. (3) When a notice of application is given in an existing proceeding, an interlocutory notice (application inter partes or ex parte) in Form 37.02A or 37.02B, with any supporting affidavit, shall be filed and issued by the prothonotary, but it may be served before it is filed or issued. (4) A notice of application may be amended pursuant to Rule 15. [E. 32/2(2)]~This is info for U.S. Court of Appeals of Georgia: RULES: APPLICATION FOR INTERLOCUTORY APPEAL (a) An application for leave to appeal an interlocutory order will be granted ... (b) Applications for interlocutory appeal shall contain a jurisdictional ...~

Question: Was the order to deny a motion to exclude a valid issue in the pre-trial order, an interlocutory order? Can the defendant filoe a motion for reconsideration against that order?

Answer: to exclude an issue? That makes no sense. Excluding evidence would be an interlocutory order and reconsideration would be possible, but I don't know how one excludes and "issue."

Question: QUESTIONS REGARDING INTERLOCUTORY APPEAL OF PLEA TO THE JURISDICTION? I have seen the standards of review used by the appellate courts to decide a plea to the jurisdiction. I do not know, however, under what circumstances a plea to the jurisdiction may be brought, in what manner, by whom, and when it must be brought. I think that in order for most motions to be timely filed, they must be filed before the trial date. Does a plea to the jurisdiction have to be made at a certain time, or before a certain date? Will it be dismissed for not being timely filed? Are there any attorneys here who can tell me a little about this subject? Also, may one file an interlocutory appeal to a trial court judge's ruling on a plea to the jurisdiction? And, yes, I know this should be asked in the "legal" section, thank you. I already did ask it there, but there are more people in this section, and half of them actually have some intelligence.

Answer: Personal or subject matter jurisdiction? If it's personal jurisdiction, that's an affirmative defense, which means it's waived if it's not mentioned in the Answer. If it's subject matter jurisdiction, the motion can be brought at any time before or during trial, and you can collaterally attack the ruling after trial. Further, the parties cannot stipulate whether or not a particular court has subject matter jurisdiction. Since questions of jurisdiction can dispose of the entire case, an interlocutory appeal is possible.

Question: Survey Question for everyone!!!!? 14. A "long arm" statute enables A. a federal court to decide certain state cases. B. a state court to decide certain federal law claims. C. a state court to decide certain claims against nonresidents. D. a court of one county to decide claims arising in another county. E. a private citizen to extradite a criminal. 15. Barry swings a bat in baseball practice and accidentally hits the catcher in the shoulder. This is probably best described as A. an intentional tort. B. a battery. C. a felony. D. an assault. E. none of the above. 16. Betty has been served with a summons and a complaint asking for monetary damages. If she fails to file certain pleadings by a deadline, A. the court will dismiss the case for lack of jurisdiction. B. the court will enter a decree pro confesso. C. Betty will be allowed to file an amended complaint. D. the court will strike her complaint. E. the court may enter a default judgment against Betty. 17. Joshua is hurt while playing football for the New York Jets. Johsua sues the opposing team and the individual who hurt Joshua. Assume no malice or intent to hurt Joshua. This was probably an illustration of A. res ipsa loquitur. B. consent defense. C. a person can never consent to being hurt. D. assault and battery. E. malum prohibition. 18. If a statute is found to be applicable to a fact situation, then the courts will hold that an unexcused violation which causes an injury to another is A. strict liability. B. res ipsa loquitur. C. negligence per se. D. assmption of the risk. E. contributory negligence. 19. If the Hometown News snaps your picture while you are sleeping under a tree in the park and runs it on the front page, you can sue for A. instrusion. B. appropriation. C. false light. D. defamation. E. none of the above. 20. Alfred wishes to institute a suit against International Corporation for breach of contract. In order to start the suit, he must file A. a decree for interlocutory relief. B. an answer. C. a petition (complaint). D. a motion for a summary judgment. E. a motion for a judgment on the pleadings.

Answer: This isn't a survey, at least not by my term of survey. However this question isn't listed as originating from outside the U.S. so I can't tell if it is just where you are from. This is YOUR homework(or whatever) so you need to learn where the answers are for yourself. You wouldn't be assigned these questions with teh expectation of using Yahoo Answers to get the answer. Remind me to never hire you as a lawyer though.