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Dileep.K.Jha (head)     04 November 2014

Cr. revision in session court

Hello Sir,

              Our Discharge petition u/s 239 rejected from lower court, now Cr.Revision u/s397/399 has been filed on 1.11.14 before Session Court , the date of hearing fixed for 11.11.14

But lower court date is fixed for 17.11.14

What is mean/relevancy of lower court date?

 



Learning

 7 Replies

adv.raghavan (Advocate,9444674980)     04 November 2014

when discharge petition is under revision, trial court ought to adjourn the proceedings till the final decision comes.

Dileep.K.Jha (head)     04 November 2014

is there need of any direction from Session Court for the adjournment or not ?

adv.raghavan (Advocate,9444674980)     04 November 2014

mere mentioning  in trial court by your counsel is sufficient, at the time of calling.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 November 2014

If the trial court record is called in the Session Court, the stay would be automatic.

 

However, there is no law that the trial court proceedings should be stayed during the revision.

 

Regards,

Dileep.K.Jha (head)     05 November 2014

When lower court  records will call by the session court and What is the procedure?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 November 2014

If the petition is admitted and the argument has to be held; the TCR (Trial Court Records) would be called. In the absence of TCR the session court can not decide on revision.

 

Regards,

Dileep.K.Jha (head)     08 December 2014

Now my wife internally want to settle the matter but her father does not agree with her

She is saying please convince my father i know it is impossible  

in this situation what options may use to deal the matter that her father may out from this before court?  


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