LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sidharth   06 February 2016

Difference between sec 397crpc and sec 29 of dv act

Q1.What is difference between 

Section 397Crpc and Section 29 of DV Act?

Q2. Any judgement regarding this?

Q3.Can someone explain 397 (3) crpc?



Learning

 3 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     07 February 2016

Section 29 DV Act is a remedy in the form of an appeal whereas a revision petition is what is envisaged under section 397 crpc . Appeal can involve re appreciation of facts whereas in a revision petition, the court can only verify the trial court record to the extent of the legality of the jurisdiction exercised . 397(3) basically means that there shall lie no second appeal .

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     07 February 2016

Section 29 DV Act is a remedy in the form of an appeal whereas a revision petition is what is envisaged under section 397 crpc . Appeal can involve re appreciation of facts whereas in a revision petition, the court can only verify the trial court record to the extent of the legality of the jurisdiction exercised . 397(3) basically means that there shall lie no second revision against an order passed in the first one .

Sidharth   07 February 2016

Thanks Mr Chattergee!!

So, what I understood is

if a respondent wants to go in session court against order (of MM COURT in DV act case)

For Any interim relief / final judgment / any other order during trial  he should go Under Sec 29 of DV act.

And if respondent thinks there is any legal error in order he should go under 397crpc

Pls correct if I am wrong. 

And in which section respondent should move to HC if 397crpc or 29 of DV act gets dismissed in session court.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register