Revision in session

You could have filed an application to stay the proceedings of the lower court.  Now also you can file by filing an advancement application in the session court.

Generally in revision the complete records are called in the higher court.

However, I agree with Adv Rajoo.

You can also request the trial court not to proceed with the matter, unless the revision is decided. However that would always be the descrition of the trial court.

@Querist,

Please be sure to present the actual problem and not a fabricated problem. By the way do you really mean the below made statement!!!

"When lower court rejected the appeal to call teh doctor who made the false report which was used lodging the FIR, my brother appeal in session court, Now date in session court is 4rth April But the date in lower court is 18th March."

My Question,

How did you make an appeal to the session court without any order passed!? Did the lower court transferred the matter to the session court!?

What is the truth of your query.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

They just filed a revision, which can be filed against any order of the trial court.

@Ld. Member/Expert Mr. Shonee Kapoor,

I Know that revision can be done either by the same court or by the higher respective court after a lower court passed the order.

My question is what does the querist mean by saying date in session court is 4th April and date in lower court is 18th March!? How date is fixed at both the court whereas if I take session court date for granted, the date in lower court is out of question unless it's been tranferred by the lower court to session court for opinion!!!

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Thanks all who replied so let me clear a few things below and also I need the help urgently

1. First we made a request in the lower court to call the doctor which was rejected.

2. Then we put an application in the session court against the order given by lower court. and session court has accepted the application and have given the date on 4rth April. Session court has not yet given us the  “ stay of proceeding”  though. Now what proceeding will take place in session court on 4rth April.

3. Now today, March 18th was the date in lower court (for DV case) and we put an application to “ stay on proceeding” based on the judgement got in session court. But lower court rejected the application. Also my father went just on behalf of my brother today and the lawyers of opposite part took the statement of my father forcefully and also the cross is over. Now judge in the lower court has given us the date for final discussion on 22 march. Note: DV has involved my younger sister and my mother also but Judge seems not be ready to take the statement for both of them and rushing to the final discussion on 22nd March.

Now my questions are as below

1. What is the use of Session court judgment now when lower court rejected the application?

2.  If session court allows us to bring the doctor on 4rth April but by the time the final discussion in lower court is over on 22^nd March. Then how can we use the session court decision in our favor?

Any reply will be highly apprciated. Thanks, Shalini

@Querist,

I am sorry as I am unable to help further unless you come with the full facts.

Merely Rejecting the application to call the doctor doesn't give you liberty to make a further request in session court.After all session court is not a kid play.I mean How in hell it's possible that you move your application to session court just because one of your request not fulfilled!? 

At last I would like to express a deep concern over the Ignorace about the law and Judicial system among people at large in this forum yet making several remarks for the same.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Thanks NewS_Know to reply.  Though I do not understand your answer.  I don't know if your are making fun of my query or trying to help in any way.   Its a big request and not the small one the FIR was based on a false report and report was made by the doctor. whole game was around the medical report. You are right session court is not a kid game and thats why they have accepted our request. Thanks

Shalini,

My previous reply satisfies your query.

Shonee Kapoor, how can you so precise answering the queries and that too for free :). Thanks you are right and I agree  with  adv. Rajeev also. We requested the stay on proceeding in lower court but rejected the request. 

Please clarify as we are 90% sure we are going to loose the case in lower court so what is the option do we left now to fight teh case further. Or we need to  accept the judgement from the lower court? Thanks, Shalini

you can file for a stay at the trial court and file for an appeal at the sessions court .

@ news now i presume the authour is talking about a interim /order of the trial court where in by mistake i presume she has mentioned as sessions court .

I can only laugh at this point. What a query and what a suggestion!!!

People are requesting a stay order (Injunction suit)in a criminal case!!!. Also suggesting to order/request the court to stop the proceedings without any matter pertinent to the case(e.g. Lawyers not available).This is the height of ignorance.

Without a full order by the lower court, no appeal shall lie in the next higher court(Exceptions are writ petitions) Whatsoever matter is.How even in question you can appeal to session court while the matter is still pending in the lower court????(See your dates in both courts,How possible???)

Wait for the order of Trial court.

@Stanley,(In reply to your additional statement you made after this reply came on)

For your statement which you added later on after this reply(As i have declared it my last reply,therefore this comes as addition only), I can take it for granted.So notwithstanding anything contained in my replies in repect to your previous reply, I support your those particular lines.

Thank you

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

[Last Reply to this thread]

newS_Know!!!

We are not asking any injunction, we are asking for stay. Also, we are requesting court to wait till the decision comes in the revision. Besides this, I don't want to comment personally on anyone. Unsolicited Advise is - Better learn the mechanisms of court beyond the books before commenting on someone else.

Shalini,

Please fight with all might and if God forbid you loose, go in for appeal. Thanks for the compliments.

Regards,

Shonee Kapoor

Also, newS_Know,

Hope you are aware about the provision of revision.

Regards,

Shonee Kapoor