How many times one can appear in high court
Sudhakar
(Querist) 07 April 2014
This query is : Resolved
I have a problem, my lawyer filed for quash under section 482 cr.p.c in high court
in 2012, because of communication gap between my lawyer and me, it went wrong.
Now in 2014 can i reappear in same High court for the same case with same section.
Please suggest me
ajay sethi
(Expert) 07 April 2014
what do you mean by statement it went wrong ? was it dismissed ?
Devajyoti Barman
(Expert) 07 April 2014
Query is vague.
If it was dismissed for default you can file quashing on the same case unless you apply for restoration of the same.
Dr J C Vashista
(Expert) 08 April 2014
Incomplete information and vague query. Reply the questions raised by experts for forming proper opinion and advise accordingly.
For proper and further proceedings, till pronouncement of decision, you can appear any number of times, which differs from situation to situation in the case.
Sudhakar
(Querist) 08 April 2014
Respected Experts
The Quash case was disposed and ORDERShave been given as disposed by high court.
My question is can i reappear in same high court with same case with same section with proper cause.
Please Guide Me
Dr J C Vashista
(Expert) 08 April 2014
The case is already over and out. No further proceedings will be there in High Court
Vidhi Joshi
(Expert) 08 April 2014
apply to review, if not appeal before SC.
Sudhakar
(Querist) 08 April 2014
Is it possible to go for review
Sudhakar
(Querist) 08 April 2014
Is it possible to go for review in high court if once got disposed
T. Kalaiselvan, Advocate
(Expert) 09 April 2014
Yes it is possible for a review but you should see the limitation aspect too or prefer an appeal.
Advocate Ravinder
(Expert) 09 April 2014
Section 114 of CPC deals with Review. The scope of review is very less unlike appeal. You can raise your grievances of technical or typographical errors or errors occurred by slip of memory, misappropriation, material error, error occurred on the face of record, procedural defect etc. Whereas, the scope of appeal is wide.
Since your case is disposed of, please check whether the elements of review are available in the order or not. If not then you have to go for appeal.
Advocate. Arunagiri
(Expert) 09 April 2014
What is the prayer in 482?
On what grounds the previous petition is disposed?
Devajyoti Barman
(Expert) 09 April 2014
In criminal case , so Review does not lie. CPC has no applicability here.
Supreme Court is only option now.
Advocate Ravinder
(Expert) 09 April 2014
I agree with Devajyoti Barman. And I take back my opinion as this query is of criminal nature.
Rajendra K Goyal
(Expert) 12 April 2014
Agree with the advise of expert Devajyoti Barman ji.
Sudhir Kumar, Advocate
(Expert) 13 April 2014
repeated
http://www.lawyersclubindia.com/experts/I-havent-signed-petition-papers--465891.asp
