review of its own order
rajinder ansh
(Querist) 08 May 2012
This query is : Resolved
can a question of jurisdiction be decided by the trail court by reviewing its own order in which court has taken cognizance in d .v.act matter
ajay sethi
(Expert) 08 May 2012
what are facts of your case?
R.K Nanda
(Expert) 08 May 2012
State full facts of ur case.
V R SHROFF
(Expert) 08 May 2012
DV act do not follow strict cr p c.
Magistrate have ample power, to reverse own order, [except final order, or interim mtn order]
jurisdiction if does not confirm requirements of sec 27 of dv act,one can appeal in the court of session u/s 29 of the act within 30 days
PARTHA P BORBORA
(Expert) 08 May 2012
no court has the power to review its own order,except alteration of charge.
V R SHROFF
(Expert) 08 May 2012
Shri Partha,
DV Act has empowered much to the court for adopting any procedure to achieve the goal of the act.
Sec 362 cr p c not applicable EXCEPT final order or judgement.
Act specify that court can follow any procedure which it think fit. NO TECHNICALITY
I know that "That there is a bar to alter or review its own Judgment or Order under Cr.P.C. [ Supreme Court 2001 vol 1 Pg 169] u/s 262, but not applicable to DV
COURT ORDER CAN BE PASSED TO SET ASIDE IT'S OWN ORDER. [THESE ARE THE WORDS OF MAGISTRATE IN "ORDER TO SET ASIDE COURTS OWN ORDER" BY THE SAME MAGISTRATE. ]
This DV Act is an exception of the general statement you made "no court has the power to review its own order,except alteration of charge"
PARTHA P BORBORA
(Expert) 08 May 2012
I do agree with u sir. IT IS POSSIBLE ONLY UNDER D V ACT. NOT UNDER Cr.P.C.
Shonee Kapoor
(Expert) 09 May 2012
Nothing to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
