need help under section12(A)domestic violence

Querist : Anonymous (Querist) 29 January 2011 This query is : Resolved
Respected sir,

is it possible that court can review its order if prayed ?

for review the order we have to take permission from somewhere?

reason is claiming to higher court against the order is like to challenge but if considered again may give some relief

kind help
thanks in advance

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Devajyoti Barman (Expert) 29 January 2011
If this questiion is in relation to a proceeding under DV Act then the trial court itself has got the power/jurisdiction to modify, alter or revoke its own interim order if the circumstances so demands as the provision u/s 25 of the said Act provides for.

Adv. Sarjine Thomas (Expert) 29 January 2011
depends on the nature of the suit

s.subramanian (Expert) 29 January 2011
Powers of Review are always there with the concerned court. But the scope of such power is very narrow. It is confined only to errors apparent on the face of the record and not to any other matters.

Arvind Singh Chauhan (Expert) 29 January 2011
I go with Subramanian Sir.

N.K.Assumi (Expert) 29 January 2011
I am of the view that if the court after full inquiry and upon hearing of both parties passed its judgment as its decision and intimated to the parties and to the world at large by formal pronouncement or delivery in open court after signing, it can not be altered. But you can pray to the same court to recall the order on the grounds that it was passed due to mistake and due to dexteous and deceitful tricks practiced by the other side provided the order is not interlocutory.

Guest (Expert) 29 January 2011
Criminal courts i.e. Magistrate has no power of rewiew under criminal procedure code. There is no harm in approaching higher court.

Amit Minocha (Expert) 29 January 2011
agree with MR Naresh Cnadra Dubey

Ajay Bansal (Expert) 29 January 2011
Except final judgement of a criminal case,which comes under purview of section 362 Cr.P.C. every order can be reviewed by court even on merits becouse same do not come under purview of res-judicata,which is applicable only for matters,which come under purview of section 362 Cr.P.C.

Uma parameswaran (Expert) 29 January 2011
When a judgement is pronounced by the court (criminal)then it becomes functus officio .(Cease to have control over that case)So 362 CrPc is not applicable for alter .

Guest (Expert) 31 January 2011
Interim orders are liable to be modified in exercise of inherent power in the interest of justice or to check the abuse of the process of law and not under power of review. Power of review can not be exercised unless provided under the statute.

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