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destiny123 (-)     09 March 2017

Meaning of nature of disposal

I have filed DV case and opponent doesn't appear in the court any time so my case is accepted as ex-parte and now case status is "case Disposed" and Nature of Disposal is "Contested - Judgment" so can any one please explain me meaning of that status ?

Case status / Nature of Disposal

 • Case Disposed / Contested – Judgment



Learning

 13 Replies

Jagan mohan (advocate)     09 March 2017

It is to inform that the case has been disposed by the Court, you may get judgment copy through your counsel.

1 Like

Sachin (N.A)     09 March 2017

Originally posted by : destiny123
I have filed DV case and opponent doesn't appear in the court any time so my case is accepted as ex-parte and now case status is "case Disposed" and Nature of Disposal is "Contested - Judgment" so can any one please explain me meaning of that status ?

Case status / Nature of Disposal

 • Case Disposed / Contested – Judgment

 

It means case has been decided but nature of disposal is wrongly update on website it should be "Exparty" but doesn;t matter. You need to get the copy of judgement.

1 Like

destiny123 (-)     11 March 2017

What will happen if opponent presents in the court after case is disposed ??? Will court listen their arguments ? Will order/judgement be changed after listen them ?

Sachin (N.A)     11 March 2017

No, criminal trial court cannot change its own judgement.

 

Section 362 in The Code Of Criminal Procedure, 1973
 
Court not to after judgement. Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.

Sachin (N.A)     11 March 2017

The aggrieved party need to file appeal against order.

destiny123 (-)     11 March 2017

It means court cann't change its own order / judgement... Then how can apprieved party file appeal against order ?? I mean in same court or upper level court ? And what can be done if they file appeal against order ?

Sachin (N.A)     11 March 2017

Originally posted by : destiny123
It means court cann't change its own order / judgement... Then how can apprieved party file appeal against order ?? I mean in same court or upper level court ? And what can be done if they file appeal against order ?

 

Appeal can only be filed in senior court i.e  Session Court or high court.

And if aggrieved party files the appeal . You have to contest it on merits

destiny123 (-)     11 March 2017

In other words, we can say case can be reopened in senior court... right ? And can senior court change order of lower court ? But they never appear into court so higher court can ask for not appearing in lower court ?

destiny123 (-)     11 March 2017

I filed a case in guj state and they are from maharashtra. So can they file appeal againt order in guj high court or Maharashtra ??

Sachin (N.A)     11 March 2017

Originally posted by : destiny123
In other words, we can say case can be reopened in senior court... right ? And can senior court change order of lower court ? But they never appear into court so higher court can ask for not appearing in lower court ?

Wrong !! There is diffrence between reopen and appeal.

Reopen means case will restart. This is not possible because court has already decided the case.

Appeal means the aggrieved person/s thinks there is an error in judgement of trial court and they need to prove the same.

1 Like

Sachin (N.A)     11 March 2017

Originally posted by : destiny123
I filed a case in guj state and they are from maharashtra. So can they file appeal againt order in guj high court or Maharashtra ??

 

Appeal can only be filed in Gujarat and not in Maharashtra

1 Like

whatnot   12 March 2017

Dear Querist,

Have you been able to get copy of the judgement through your counsel?

If so, what it says?

Your query has been answered competently by Mr. Sachin.

Have a look at the judgement. Talk to your counsel and if you have any query specific to the judgememnt please revert.

Since it is DV, there are repacurssion to the respondent (our soon to be ex)

You may have just gained upper hand in legal battle. But it is still a long one.

You may use the same to get desired outcome in your divorce case. It may be your leverage to negotiate better terms and condition for mutual divorce , if possible.

1 Like

destiny123 (-)     12 March 2017

Thank you so much Mr. Sachin and Whatnot for answering my queries. It is highly appreciated.


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