s..i..n..g..h.. (member) 29 March 2010

fate of trial in lower court when jurisdiction challanged in

in crpc 125 i challanged jurisdiction in lower court case dragged for two year , got defeat, then session court , advocate of session court not appeared in date so case was dismissed (advocate was hand in glove with opponents) and now i challanged u/s 482 in high court as per advice of lawyer

case of crpc 125 is running in lower court

Can i object and convince lower court that please stop proceedings till verdict on jurisdiction in high court ?

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12 Replies

Adv Archana Deshmukh (Practicing Advocate) 29 March 2010

The proceedings in the lower court can be stayed only if the HC grants stay to it till the decision of the Writ petition.

Swami Sadashiva Brahmendra Sar (Nil) 29 March 2010

Proceedings in lower court can not be stayed only on the ground of pendency of 482 application in high court.

For this stay order by the high court is necessary.

shrikant chede (law officer) 01 April 2010

I AGREE WITH TRIPATHI SIR

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 02 April 2010

Dear author,

U can take stay if u give the genuine reason as the same should be dismissed at the first stage on the point of jurisdiction. U should file an application in the lower court by mentioning all the facts, I hope u would get success. For more queries u can call me at 9871158578.

girishankar (manager) 02 April 2010

I hope u would get success.

Alok Motan (Advocate) 03 April 2010

Dada my advice would be a bit different from all others .....

its a kind of war that u are into... so everything is fair in love and war...

call ur wife up ... record ur conversations .... ur wife might have alleged false allegations against u....right...??

so record ur conversation (u have to be clever how to record and what to record, which must be in ur favour...) and place on record the proof.... either in HC or lower court... and move an application under order 7 rule 11 CPC....against falsity of allegation...and get the plaint of 125 CRPC rejected....

u can contact me thru mail if any further help needed....at alok.motan@gmail.com

all the best........

girishankar (manager) 03 April 2010

Hello Mr.Alok Motan what hppnd to my Queris..No answer till date ...Got fed up Ha Na...

girishankar (manager) 03 April 2010

Dear Alok as per ur advice the gentle man hav to even prove the voice of his wife also in same court which shouldn't become like Greenply Mohandass. case ....

girishankar (manager) 03 April 2010

Dear Vijay Singh,

Pl apprch Hc on 227 cpc i think it will help if iam right.

girishankar (manager) 03 April 2010

[IHRO] SC allows filing of fresh petition

Wednesday, 31 March, 2010 7:31 AM

From:

"IHRO" <ihro.in@gmail.com>

To:

IHRO@yahoogroups.com

Bofors Case
SC allows filing of fresh petition
Legal Correspondent

New Delhi, March 30
The Supreme Court today allowed an advocate to withdraw his PIL in which he had sought a directive to the CBI not to allow Italian businessman Ottavio Quattrocchi, accused in the Bofors case, to operate his bank account.

The SC also asked him to file a fresh petition for taking other action against the accused.

Bench headed by Chief Justice KG Balakrishnan advised the petitioner, Ajay Agrawal, to withdraw the PIL as it had become infructuous after India had allowed the London bank account to be operated again by Quattrocchi for lack of evidence against him.

Agrawal, however, argued that bank account was not the only issue and the CBI was anxious to close the entire case against Quattrocchi. The Bench, which included Justices Deepak Verma and BS Chauhan, said he could file a fresh petition with the court for the purpose.

The CBI has filed an application with the Chief Metropolitan Magistrate court here seeking permission for closing the case against Quattrocchi. The matter is listed for hearing tomorrow.