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bhanu kundnani   12 December 2018

Caveat

can caveat be filed in criminal matter at sessions court,

since the same was accepted in supreme court.



Learning

 5 Replies

Adv Deepak Joshi +917017821512 (Advocate)     12 December 2018

Yes it can be done.

Kumar Doab (FIN)     12 December 2018

With limited understanding;

In Apex Court Actor recourse might be as SLP.

Salman Khan had filed a caveat in the Supreme Court to be heard in the Special Leave Petition since the Maharashtra  government moved to seek permission to appeal against his acquittal. The caveat was to ensure that no order is passed against him without hearing him.

 

IN HC recourse might be as Art.226 read with HC Rules in respective states.

Kumar Doab (FIN)     12 December 2018

GO thru;

Rajasthan High Court

Sahab Ram And Anr. vs State Of Rajasthan And Ors. on 22 December, 1999

Equivalent citations: 2000 WLC Raj UC 464, 2000 (2) WLN 554

Author: B Prasad

Bench: B Prasad

JUDGMENT Bhagwati Prasad, J.

 

Delhi High Court

Deepak Khosla vs Union Of India & Ors. on 11 May, 2011

Writ Petition (Civil) No.1703 of 2011

 

                                      RESERVED ON: MARCH 18, 2011

                                  PRONOUNCED ON: MAY 11,2011

Author: A.K.Sikri

 

Kumar Doab (FIN)     12 December 2018

Jharkhand High Court

Santu Mahto vs The State Of Jharkhand on 24 July, 2014

                                              1

 

             IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                  B.A. No. 2680 of 2014

 

 

Central Information Commission

Ms. Nisha Priya Bhatia vs High Court on 22 July, 2011

                       CENTRAL INFORMATION COMMISSION

                           Club Building (Near Post Office)

                         Old JNU Campus, New Delhi - 110067

                                Tel: +91-11-26161796

                                                     Decision No. CIC/SM/A/2011/000352/SG/13631

                                                            Appeal No. CIC/SM/A/2011/000352/SG

emerging from the Appeal Appellant : Ms. Nisha Priya Bhatia 1-263, Narina, New Delhi Delhi Respondent : Mr. K. K. Nangia PIO & Joint Registrar, High Court of Delhi New Delhi RTI application filed on : 06/07/2010 PIO replied : 17/07/2010 First appeal filed on : 26/07/2010 First Appellate Authority order : 17/08/2010 Second Appeal received on : 09/02/2011 Information sought vide RTI application dated 06/07/2010: How does the Hon'ble Delhi High Court ensure that no order is issued in a Criminal Case without hearing all the parties in that case ?

Reply dated 17/07/2010 from the PIO:

The information sought relates to judicial functioning of the Hon'ble Court. Therefore, the same cannot be provided in view of Rule 5(a) read with Rule 6 of Delhi High Court (Right to Information) Rules, 2006 which reads as under:

The Appellant received a reply on 01/07/2010 to her RTI application dated 02/06/2010 from the PIO stating that "There is no such provision for accepting the caveats in Criminal Procedure Code. Hence no caveats are accepted in Criminal Cases."

 

Rest the directions in Apex Court order may be followed by lower court.

Your own very able LOCAL counsel specializing in criminal matters, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

 

 

 

Siddharth Srivastava (Advocate)     12 December 2018

yes, you can file caveat.

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