Under sec 482
Dharmender
(Querist) 03 January 2014
This query is : Resolved
My wife filed cases under 498a in Nov 2007. I have filed case in Allahabad high court under sec 482 in Dec 2008. On 9 Sep 2013, I did final arguments by appearing in person and gave written arguments. The court reserved the order. On 30 Sep 2013, the case was released by the court without giving arguments.
On 3 Jan 2014 My father again did the arguments in front of another judge but he did not listen the arguments and sent back the case to lower court.
He has asked to get bail and move discharge application within one month.
Now I want to know how can I move to supreme court. How can I get stay on this order.
Devajyoti Barman
(Expert) 03 January 2014
The court has rightly passed the order.
Tough you can go to supreme court but that would be a wastage of time.
To know the formalities of filing SLP in supreme court, talk to the office staff.
Dharmender
(Querist) 03 January 2014
Failure to give reason is denial of justice. Supreme court guidelines as given in bhajan lal vs state of haryana should be followed. When Ihave given written arguments then why no decision on that. I have enormous judgements by supreme court which appply to my case. Supreme court judgement bhaskar lal vs micia sharma is the recent one. How could high court igonre those things..
Devajyoti Barman
(Expert) 03 January 2014
without seeing the order of HC it is difficult to advise on the merit of the case. Genrally quashing is hardly allowed.
Rajendra K Goyal
(Expert) 04 January 2014
HC orders need to be seen. For going to SC please consult some senior Supreme Court Lawyer.
T. Kalaiselvan, Advocate
(Expert) 04 January 2014
You cannot maintain the same relevancy of settled laws to all the cases on similar subject, the circumstances from one case to another may vary, hence a claim of right on the issue cannot be justified
