Appeal Dismiss by Punjab & Haryana Court

This query is : Resolved 
 

(Querist)
28 March 2009

Dear Experts

We have made a criminal complained against Mr. Madan Lal & his three maternal uncles (MAMAs) on 16th Dec 1998. They were all charged U/s 323,324 & 325. In that case myself, my brother and my father got injuries. Case was under trialed in the Hon'able Lower Court, Kosli Distt. Rewari (Haryana) after 10 year a decision was came that accused charged for one and half year prision with Rs. 300 fine each. But accused appealed in the Hon,able Higher Court i.e. District & Session Court Rewari. After 2 year Hon,able court made some amendment in the decision i.e. that was a family dispute and accused realsed on Probation of 2 year and awarded a compensation of Rs. 15000 to us. But we were not satisfied with Hon,able Session Court decision and Refused to take the compensation. We made an appeal against the decision in Hon,able Punjacb & Haryana High Court in Dec 2008. But Hon,able high court dismissed our appeal on family dispute and long time of case. So you are requested please clarify that
1. Court can dismiss the appeal on said groud. Becouse Mr. Madan Lal is Our Cousin and his MAMA were came outside with and in the case my brother's left hand was broken and my self and my father got head injuries.
2. If court dismiss the appeal than we have another option for re-appealing.
3. If we can not re-appeal than our compensation Rs. 15000 claimed or not.
Thanks
Bhoop Singh


Rajneesh Malhotra (Expert)
28 March 2009

The only option for you, in case you want to appeal, is to file a SLP(Special leave petition) before the Hon'ble Supreme Court.

PALNITKAR V.V. (Expert)
29 March 2009

What Mr. Malhotra says is right. You have to file SLP. From what you have narrated I believe that you have a good case for going to SC. Engage some good lawyer.

M. PIRAVI PERUMAL (Expert)
29 March 2009

You have to file SLP before the Supreme Court as rightly opined by learned experts.

Adv.Shine Thomas (Expert)
29 March 2009

I agree with the above opinion

B.B.R.Goud. (Expert)
29 March 2009

you need to file a special leave petition (SLP) before Honorable supreme court.

DEFENSE ADVOCATE.-firmaction@g (Expert)
29 March 2009

Well in such matters litigatin is endless. You have also consider the costs and time required. If ready, you have a good case., otherwise accept compansation.Request the Honble court to modify the order by adding intrest at market rates.

Prof. Dr. Amaresh Kumar (Expert)
29 March 2009

Dear Mr.Bhoop Singh,

I agree what has been told by Mr.Shashi Kumar. That there is no end of the litigation. As it is your family dispute so it is better to settle the same in your family.

Other wise also there are very less chances in the Supreme Court of India that your SLP may be admitted or not. As these days 99% SLP are being thrown by the Supreme Court in lemine.

The highest court of the land is even sitting to hear the matters for the big corporates and heavy business persons.Poor litigants have very rare chances that their matter is being heard.

If you are ready to engage a Senior Advocate by paying Rs.1 lac to 3 lacs per hearing.Approach the Hon'ble Supreme Court for your case.

Dr.AMARESH KUMAR
Academic Lawyer
Supreme Court of India
18, Central Lane (Basement)
Bengali Market
New Delhi - 110001
dramaresh@sportslawindia.info

BHOOP SINGH (Querist)
30 March 2009

Thanks to All

But I want know that we have given a written statement that In the lower court as "We are not satisfy with the District & Session Court decision and want to appeal in the Hon'able High Court" In this situation we did not accept the Rs. 15000 compensation. Now can we claim for the same compensation on groud of Apeal has been Dismissed.

If it is possible please adivse.
Bhoop Singh



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