Crpc 125 revision - conditional stay

Guest (Querist) 27 February 2014 This query is : Resolved
CrPC 125 revision filed in HC.

Stay granted on condition that 80% of the amount fixed by lower court need to be paid monthly.

Can this be challenged as I am forced to make payment when my liability could be zero and thus denied justice?

Is there any supreme court ruling that bars conditional stay?

Follow Query

Report Abuse

Devajyoti Barman (Expert) 27 February 2014
Maintenance orders are stayed on condition like this only.
This is practices all over India and there is nothing illegal in it.

Guest (Querist) 28 February 2014
this makes aggrieved party remedy less.

an erroneous order is erroneous only.

80% of it can not be correct and rest 20% can not be incorrect.

this approach makes the whole process of appeal a sham.

is there any remedy to overcome this situation?

Devajyoti Barman (Expert) 28 February 2014
Your statement can not make it erroneous.
If you prove your case later on, the order would be reversed.

But till then course of justice can not be subverted.
In one way or the other the the order of court pinches either of the parties. This is how the justice delivery system works.

Rajendra K Goyal (Expert) 28 February 2014
The courts follow a system and procedure under law.

Order may not satisfy any or all parties yet it is order till decided otherwise by competent authority.

Follow the order or get a stay from higher court chances of which are less.

Citation not provided in this section, search indiankanoon.com.

Biswanath Roy (Expert) 01 March 2014
The quantum of payment fixed by the Hon'ble High Court as a condition of stay order is a temporary liability determined by the court considering the entirety of the facts on record, issues raised and set out in the revision petition and averment made by the counsel of the petitioner. Hence, your remark and purported claim that the order of the court is "erroneous" stands as unfortunate and uncalled for.

prabhakar singh (Expert) 01 March 2014
Conventionally when it is an order of maintenance,that too under section 125 Cr.P.c.,and even for any money decree,no blanket order is passed.

Mind you have been adjudicated liable by a competent court,then distress requires money to maintain and justice requires it to be paid.
It is you who have challenged it by revision.Why you did fail to prove in lower court proving the fact you are not liable.
Justice means justice to either and not to one party alone who has sought an order to be revised, which may or may not be finally allowed.

T. Kalaiselvan, Advocate (Expert) 01 March 2014
I agree with the experts opinion on the subject, nothing more to add.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries