Dv act

venkatesh Rao (Querist) 14 November 2016 This query is : Resolved
Learned experts,
Supreme Court has been pleased to rule that in a revision u/s 29 of DV Act, the sessions court cannot grant stay of the orders of magistrate granting interim monetary orders.
The case has been reported in 2014 SAR (criminal)1088 Shalu ojha vs Prashanth ojha. Now my query is whethre this judgment has been revised or otherwise in any subsequent cases?
Your reply will be highly appreciated.

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Devajyoti Barman (Expert) 15 November 2016
How could the decision of supreme court is reversed unless it is sent to a larger bench?

Devajyoti Barman (Expert) 15 November 2016
It appears that you have misinterpreted the said decision.

The supreme court has in no where decided the question as to whether the sessions court can grant stay on execution and pass interim order.
On the contrary it has left this question open presuming that the sessions court has gt such power.
Read the decision carefully.

venkatesh Rao (Querist) 15 November 2016
Thanks for the reply. I thought that it might have been sought to be reviewed. Since I could not lay my hands, i posed the question.

Rajendra K Goyal (Expert) 15 November 2016
agree with the expert Devajyoti Barman.

Kumar Doab (Expert) 15 November 2016
The decision is available.

Agreed with the expert Mr. Devajyoti Barman.

Devajyoti Barman (Expert) 15 November 2016
But I can not still understand what prompted you to hold that supreme court has hold such opinion in the decision mentioned by you.
The supreme court no where in the four corners of the said decision held such opinion as mentioned by you.
Please do not misled by such decision.

Ms.Usha Kapoor (Expert) 16 November 2016
Agreed with experts.

Rajendra K Goyal (Expert) 16 November 2016
Author need to reply the concern raised by the expert Devajyoti Barman.

Guest (Expert) 16 November 2016
Is there any specific interest or concern of yours with the SC judgment or you have any case of yours pertaining to or against that judgment?

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