19 Mar ALONG WITH THE DECISION TO BE MADE ON NON-DUTY FROM THE POINT OF VIEW OF THE JUDICIAL PATH, A PROVISION SHOULD BE MADE IN TERMS OF TUITION FEES AND PROXY FEES – THE DECISION OF THE SUPREME COURT
T.C. SUPREME COURT 4. DEPARTMENT OF LAW Base. 2016/11329, Decision. 2017/1197, Date. 28.2.2017
REQUEST FOR FINANCIAL COMPENSATION DUE TO UNFAIR ACTION (A Decision on ”Non-Duty in Terms of Judicial Means” Will be Made, As Well as a Provision in Terms of Tuition Fees and Power of Attorney Fees will be Established)
A DECISION ON NON-DUTY FROM THE POINT OF VIEW OF THE JUDICIAL PATH (A Decision Will be Made by the Court in Terms of Tuition Fees and Power of Attorney Fees – A Request for Financial Compensation Due to an Unfair Action)
TRIAL EXPENSES IN A CASE THAT HAS NOT RESULTED IN THE MERITS (A Request for Financial Compensation Due to an Unfair Action – A Decision to be Made by the Court on “Non-Duty in Terms of Judicial Means”, As Well as a Provision in Terms of Tuition and Power of Attorney)
TRIAL EXPENSES (A Decision to be Made by the Court on “Non–Duty in Terms of Judicial Means”, As Well as a Provision Should be Established in Terms of Tuition Fees and Power of Attorney Fees – A Request for Financial Compensation Due to an Unfair Action)
6100/m.331/2
The Minimum Wage Tariff for Lawyers/m.7/1
ABSTRACT: The case is related to the claim for financial compensation due to unfair action. If the plaintiff has filed his case in an out-of-office jurisdiction in accordance with the legal regulations in force, along with the decision to be made on “out-of-office in terms of judicial path”; a provision must be made in terms of fees, costs and power of attorney fees.
CASE: At the end of the trial conducted by the court on the request for financial compensation for a wrongful act filed on 21/12/2009 by the Deputy General Directorate of the plaintiff …, the defendant …, the court; the decision of 02/06/2016 to dismiss the case due to judicial reasons was requested by the defendant’s deputy to examine the Supreme Court within the period of the report prepared by the examining judge after the acceptance of the appeal petition was decided by the defendant’s deputy the papers in it were examined and discussed as necessary :
VERDICT : The case is related to the claim for financial compensation due to an unfair action. The court decided to dismiss the case due to the judicial way; the decision was appealed by the defendant’s deputy.
Plaintiff attorney; property belonging to the plaintiff by the defendant to the administration by the machines that were damaged during road construction work carried out work and enterprise 250-metre-long concrete poles are becoming unavailable Ihata surrounded by barbed wire cage over the elimination of the losses incurred by announcing that prompt I found.
The defendant argued that the case should be dismissed.
As a result of the trial conducted by the court in accordance with the decision to overturn, it was decided to dismiss the case in terms of judicial procedure, although the defendant represented himself by proxy, the power of attorney fee was not ruled for his benefit.
article 331/2 of the Civil Procedure Code No. 6100, which entered into force on 01/10/2011, states: “If the case is continued in another court after a decision to dismiss, unauthorized or send it, that court will decide the costs of the trial. If the case has not been continued in another court after a decision on non-duty, unauthorized or referral, the court to which the case was filed on request determines this situation via the file and condemns the plaintiff to pay the costs of the trial.” the format has been edited.
The above legal regulation is regulated by Law No. 6100 and should undoubtedly be applied in cases to be heard in a judicial jurisdiction and in decommissioning decisions between judicial courts. In the article described, the “continuation of the case in another court” is regulated. However, lack of jurisdiction for judicial review decision in the case in question in another court is not a continuation, but in this case peculiar is the case and the procedural rules in different jurisdictions judicial review is not a continuation of the case.
For this reason, if the plaintiff has filed his case in an out-of-office jurisdiction in accordance with the legal regulations in force, along with the decision to be made on “out-of-office in terms of judicial path”; a provision must be made in terms of fees, costs and power of attorney fees.
Although it is erroneous that this issue was not taken into account in terms of the attorney’s fee to be ruled in favor of the defendant, since correcting the mistake does not require a retrial; 7/1 of the Minimum Wage Tariff for Lawyers in force on the date of the decision. “In the event that the rejection of the lawsuit petition due to lack of duty or authority, the transfer of the case or the fact that the case has not been opened is decided until the preliminary examination minutes are signed, half of the fee written in the tariff is decided upon and the full amount is decided upon after the preliminary examination minutes are signed. So much so that the attorney’s fee, which will be imposed according to the court where the case is being heard, cannot exceed the amounts written in the second part of the second part.”in accordance with the regulation, provisional Article 3 of Law No. 6100.in accordance with Articles 438/7 of the Civil Procedure Code No. 1086, which has been continued to be applied in accordance with the article, it has been decided to correct and approve the decision.
CONCLUSION : Paragraph 2 of the sentence of the decision that is subject to appeal. the column to come after “the defendant himself represented by the proxy in effect on the date of the decision from which the minimum wage schedule in accordance with the law 1.800,00 TL ‘ fees of the plaintiff and the defendant to be given, is taken from” the sentence the addition of this provision is revised and approved by the mortar is desired, then the refund received in advance, on 28.02.2017 it’s unanimous.
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