Appeal to higher court

Querist : Anonymous (Querist) 24 May 2011 This query is : Resolved
We have lost our cases 498a due to weak lawyer in district court . If we go to session court for appeal then would the judgment/statements given earlier will be considered. Or statement of witnesses will be called freshly i.e will the case be opened freshly or not. Please advise me.

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Devajyoti Barman (Expert) 24 May 2011
No, the sessions court would decide on the ground of the available evidences.

PALNITKAR V.V. (Expert) 24 May 2011
Normally a case once decided is not reopened unless there is grave miscarriage of justice. It can not be reopened merely because the lawyer conducted the case badly.

M.Sheik Mohammed Ali (Expert) 24 May 2011
yes, i do agree experts reply

Jitendar Kumar gupta (Expert) 24 May 2011
move an application for the fresh evidence U/S 311 Cr.P.C. and by this the higher court can send back the case to the lower court.

DEFENSE ADVOCATE.-firmaction@g (Expert) 25 May 2011
you basic assumption is wrong. How you can claim the advocate was weak and on same argument what is the assurance than you will not get a weak or more weaker advocate.

Guest (Expert) 25 May 2011
WITHOUT GOING THROUGH THE MERITS AND DETAILS OF THE CASE A LAWYER CANNOT GIVE ANY OPINION BLINDLY. SO CONSULT YOUR LAWYER AND ASK HIM THE QUESTION AND HE WILL DO THE NEED

M/s. Y-not legal services (Expert) 26 May 2011
Am agree with mr.barman and Mr.palnitkar. On appeal sessions court will not take fresh evidence. Its will decide upon the merits of the evidence and grounds of your appeal only..

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