Quash petition under article 227
Sunil Patel
(Querist) 20 November 2015
This query is : Resolved
Petition (maintenance) filed in HC under article 227 for quashing the judgement (maintenance) of Sessions court.
Want to know, if the sessions court judgement is quashed :
Q1 - Does it mean the lower court judgement prevails and becomes effective?
Q2 - Is there a scope left to apply afresh in sessions court?
Q3 - What can be done except going to SC against this quash order?
- Sunil
ROHIT SHARMA
(Expert) 20 November 2015
1. If the impinged order of the sessions court is set aside then the judgment of the trial court would prevail.
2. No second appeal can lie before the sessions court.
3. If apprehended that the H.C. may not set aside the sessions judgement then of course a remedy lies by filing a special leave petition before the S.C.
Rajendra K Goyal
(Expert) 20 November 2015
Full case fie and orders need to be referred, consult local lawyer, show him case file and discuss.
Sunil Patel
(Querist) 20 November 2015
Thanks Rohitji for quick response.
Thanks Rajendraji for the advise. I've consulted my lawyer but it is always good to clarify doubts with a second opinion. Not all the lawyers are knowledgeable enough in all areas.
more on my query:
I referred some of the judgement from HC regarding article 227.
It seems to me that petition under 227 is not different from revision appeal in HC against Sessions court order. Because in 227 also the judge has entertained details of various evidences from the case papers.
As per my understanding only under 227 only judgement wordings are argued upon to see if there is any gross injustice has occurred.
In short my query would be how article 227 is different from revision petition in HC ?
the obvious difference as I know is that revision petition is time barred unlike petition under 227.
Enlighten with your expert comment please.
Appreciate your comments
- Sunil
K.S.Srinivas
(Expert) 23 November 2015
When a revision petition is rejected by a High Court, a party may choose to file a writ under Art.226 or a petition under Art.227 depending upon the kind of relief he seeks to elicit from the Court.
Sunil Patel
(Querist) 26 November 2015
What if the party has not at all approached high court with revision petition but directly choose to file petition under article 227 against session court order after 90 days lapsed.
If I know correctly the petition under 227 can be filed anytime. But in this case if the party has allowed to lapse the 90 days period after the sessions court judgement and then choose to file this petition under 227. Is it okay?
SAINATH DEVALLA
(Expert) 01 December 2015
I sail with the suggestion of Mr.Srinivas.Dear querist UR continous extention of the query gives rise to presume it is acadamic query.
