Revision/appeal to open right of evidence
Bhumika
(Querist) 29 November 2017
This query is : Resolved
We are the complaintant and have made complaint before chief ju. megistrate under sec138 of NI act by our counsel. During the proceedings original return cover of reg.Ad. of notice of dishonour, lost in the office of our counsel....
But after the closure of evidence our counsel found the documents and thererfore we made an application to open evidence and submit the affidavit of the complainant with the reason of such delay but its rejected by megistrate of first class.
Now the question is where we can go for revision or appeal at sessions court or high court and under which section of crpc we should go for appeal or revision?
Such order is either called interlocutory?
Can a revision application be made in sessions cpurt against the interlocutery order? If yes than under which section.
And if not what is the optional remedy to admit the additional evidece
Please comment to solve my queri.. opinion from all of you is realy valuable for me.................
P. Venu
(Expert) 30 November 2017
The facts, as stated, lacks clarity. How is it that you filed the complaint before the CJM, but the trial is taking place in the Court of the First Class Magistrate? In the absence of the essential and requisite documents, how was the complaint filed?
N.K.Assumi
(Expert) 30 November 2017
I am of the view that it is simple and pure interlocutory order and Revision is barred in Session court. It will be proper to invoke the Appellate,Revisional jurisdiction of the High Court under Article 227 of the Constitution of India.
N.K.Assumi
(Expert) 30 November 2017
The documents in question is the foundations of the case, and require proper adjudication in the proceedings, without which there cannot be any logical conclusions. The courts below has failed to exercise the jurisdictions invested on them and it should be properly address by the High Court in the interest of Justice.
Dr J C Vashista
(Expert) 03 December 2017
What do you mean by "during the proceeding original return cover of regd. a.d. of dishonour notice lost in the office of our counsel..."???
Dr J C Vashista
(Expert) 03 December 2017
@ Bhumika,
You have been posting numerous academic questions to improve your ability through this platform, which should have been through your tutor.
During last one year:
Bhumika replied to a query in Experts
"Civil death of an abscond"
4 months ago
Bhumika replied to a query in Experts
"Ni act - criminal liability"
4 months ago
Bhumika replied to a query in Experts
"Civil death of an abscond"
4 months ago
Bhumika asked a query in Experts
"Ni act - criminal liability"
4 months ago
Bhumika replied to a query in Experts
"Civil death of an abscond"
5 months ago
Bhumika asked a query in Experts
"Civil death of an abscond"
5 months ago
Bhumika asked a query in Experts
"Bombay rent control act"
6 months ago
Bhumika asked a query in Experts
"Who can apply for cancellation of bail "
8 months ago
Bhumika asked a query in Experts
"Registration in bar association"
10 months ago
Bhumika asked a query in Experts
"False allegations and beaten by cops badly"
11 months ago
Bhumika asked a query in Experts
"How to get expert report"
12 months ago
Bhumika asked a query in Experts
"Petition under sec.482 "
about a year ago
Bhumika asked a query in Experts
"Evidence at the stage of arumentss"
about a year ago
Bhumika asked a query in Experts
"Permission for public gahtering"
about a year ago
Bhumika asked a query in Experts
"Return of not admited evidence "
about a year ago
Bhumika asked a query in Experts
"Drafting of the consumer complaint"
about a year ago
Bhumika asked a query in Experts
"How to prove adultory?"
about a year ago
Bhumika asked a query in Experts
"Is the notice beffore consumer complaint is must?"
about a year ago
Bhumika asked a query in Experts
"Consumer complaint "
about a year ago
Bhumika asked a query in Experts
"Where to file complaint for ddomesticc violence"
about a year ago
It is sheer abuse of this platform, I am surprised your account has not yet been deleted by Admin LCI?
