Revision/ appeal
Nazir Shaha
(Querist) 22 March 2014
This query is : Resolved
Hi,
My friend received an order from session court in a case u/s 125 crpc, should we go for revision or appeal with high court? in which conditions we can go for revision ? and in which conditions we can go for appeal?
at the same time, we are looking for some good advocate (reasonable as well) in kolkata, if any expert can guide us will be helpful for us.
Regards,
Nazir
Devajyoti Barman
(Expert) 22 March 2014
125 CRPC order is passed by Magistrate.
If sessions court has passed any order, it must have been made in Revision.
The order of the sessions court can be challenged in High Court u/s 482 CRPC.
What is the order of sessions court?
Nazir Shaha
(Querist) 22 March 2014
You are right, this order is passed by judicial magistrate, order ask him to pay maintenance of 20k per month, my friend is planning to challenge it in HC, we are not sure if we can go for revision or appeal.
Devajyoti Barman
(Expert) 22 March 2014
yES, SHE CAN CHALLENGE IT IN Revision before the High Court.
Dr J C Vashista
(Expert) 23 March 2014
I agree with Mr. Devajyoti Barman, he is a seasoned and an expert practising in WB (Kolkata)may be contacted/ engaged,
Rajendra K Goyal
(Expert) 23 March 2014
Expert Devajyoti Barman ji is experienced lawyer from Kolkata, may be contacted.
Nazir Shaha
(Querist) 23 March 2014
Thank you, Mr. Devajyoti, can i have your contact details pl, you can send details to me on nazir9184@gmail.com
Regards,
Nazir
Nadeem Qureshi
(Expert) 24 March 2014
Mr. barman rightly advised, contact him
V R SHROFF
(Expert) 24 March 2014
PERSONALLY CONTACT ADVOCATE BARMAN
Nazir Shaha
(Querist) 24 March 2014
Yes, will surely contact Mr. Barman, in the meantime I have one more small question.
This is the final order by Session Court to pay from date of application. Interim order was passed in mid 2008 to pay 3k p.m... Hence the total arrears comes to approx Rs. 11 lakhs apart from regular present maintenance of 20k p.m. When interim maintenance has been paid regularly and on time is it justified by court to pass the order from date of application rather than date of final maintenance order.
Since this is the final order do we have the option to go for revision or we should go for appeal compulsorily? this order is passed in 2nd week of May, at present my friends mother is hospitalize and he did not started process of appeal (or revision) yet, what time we have to do it? can hon. HC consider the condonation of delay?
Regards,
Nazir
Dr J C Vashista
(Expert) 24 March 2014
Appeal is your right. The delay can be condoned if your lawyer can satisfy the court. Rest leave it for your lawyer.
T. Kalaiselvan, Advocate
(Expert) 25 March 2014
You can include all your valid points in the appeal you are intending to prefer before the high court.
