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Apoo   01 January 2016

Appeal by party in session court

i win 498a case against me & family in lower court  in Feb 2015, now after 8 month we have receive the notice ,notice show the date of appeal June .

My queation is why we get the notice if appeal peroid is 30 days, and waht are thre chances of winning again in session court 



Learning

 9 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     01 January 2016

you won the case but the opposite party might have been appealed in the higher court. so you have to approach a senior counsel of the respected court and file counter.

adv.raghavan (Advocate,9444674980)     02 January 2016

The opp.side would have addcued proper reasons for delay in filing belated appeal. It all depends upon merits of the case.

Laxmi Kant Joshi (Advocate )     02 January 2016

You can raise objection but once higher court had admitted their appeal then no option left only to fight your case in the appealate court .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 January 2016

appeal can be filed by the complainant but you may raise a question on limitation.

Anand Bali Adv. (Advocate Solicitor & Consultant)     02 January 2016

See, by winning the case in lower court does not seize the power and right of the opposit party to appeal in the higher court.

Though there is a limitation period fixed as 30 days to file an appeal in the upper court; however this limitation can be condoned by the court on giving some quality excuses. So dont worry the notice is true and you try to fight again in the upper court. Chances are always fare if the case has been fought in a proper way at the lower court and the decision is given on the crucial facts of the matter.

You can call me or send Pm for any assistance.

Apoo   07 January 2016

thanks  for yr reply,

My case was registered in 2008, i was married in 2004 , first in 2006 she given application in police station , next day i filed dV case , after one year i have taken  back my case and she had taken her application form police station , but she didt come back to my home, in 2008 is filed 498 against my family .

On feb2015, case  came in my favour, there is no proof accept her and mother father statement.Jugde rejected all the allegation , & given aquittal .

 

Now my problem is she again filed the case in session court after an delay of 85 day from the appeal period after taking the permission from DM.

MY family is very afraid , what will happen now , and what are the chance of wining the case .

T. Kalaiselvan, Advocate (Advocate)     10 January 2016

If the trial court after protracted trial had acquitted the case, then the sessions court may not find a new ground to allow the appeal, challenge her appeal properly in the appellate court too. 

Apoo   14 January 2016

If lost case in session court .what will happen .I have to jail or can take bail before it

Apoo   14 January 2016

If lost case in session court .what will happen .I have to jail or can take bail before it

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