Need help
Nazir Shaha
(Querist) 12 March 2014
This query is : Resolved
Hi, I need help.
One of my friend received a negative judgement on a case u/s 125 CrPC, I have few questions regarding this.
1. He is planning to go for revision, I believe the timeline to file revision application with HC is 90 days, is it feasible to go for revision or it is better to go for appeal? for which timeline is 30 days.
2. The timeline for filing revision / appeal starts from which date? date of order or date of receipt of certified copies?
3. If he is going for revision, can the petitioner (winning party) file application for enforcement of order?
4. If he receive negative judgement on revision application, can he go for appeal then with HC appellate authority or he then need to go for appeal with supreme court?
5. What else petitioner can do to enforce this order?
6. What other remedies we have to stop enforcement of this order?
I appreciate if you experts can help me answering my each question in-line.
You may be confused looking at my profile as Adv. Nazir, I am a qualified lawyer but never been into practice, I had just completed 3 years academics :)
Awaiting to hear from you.
Regards,
Nazir
SANJAY
(Expert) 12 March 2014
You can file file revision with in 30 days from the date of order. Petitioner (winning party) can file application for enforcement of order. You can apply for interim stay till final disposal of the revision petition. In case revision petition goes against you, you can go for appeal.
M.P. Sanjay
Advocate
Rajendra K Goyal
(Expert) 12 March 2014
Timeline for filing revision / appeal starts from the date of decision in which time taken in getting the certified copy of the judgement is added. If winning party file execution, prey for stay in revision / appellate court.
R.K Nanda
(Expert) 12 March 2014
nothing to add more.
Nazir Shaha
(Querist) 17 March 2014
Thanks for your valuable replies., we are planning to file revision petition and stay application together to high court, i have couple of questions regarding this.
1. While considering stay application did court allow full stay or partial stay?
2. If court allowed partial/no stay then what is the remedy with us? where we can go to appeal against decision on stay order?
Regards,
Nazir
Nazir Shaha
(Querist) 18 March 2014
Can you please help
Nadeem Qureshi
(Expert) 18 March 2014
1. its depend on the court.
2. you can file appeal before SC
Nazir Shaha
(Querist) 18 March 2014
Thank you Nadeem bhai.. but can v go to supreme court just for re-hearing on stay application and file revision in HC.
