valuable guidance
Querist :
Anonymous
(Querist) 20 May 2011
This query is : Resolved
Respected sir,
1)In DV case charges are being decided before interim order or after interim.
2)whether charges are being decided in DV case or case runs according to the wish of the Applicant.
3)If cause of action is absent in the main application of the Applicant can the lawyer Respondent can appeal in trial court to dismiss the case.
4) Or even in absence of cause of action case continues to its logical end.
5) Is trial court magistrate having power to dismis the case when find absence of cause of action.
6) DV case is neither retroactive nor considered considered past events. if it proves then magistrate considered this point or runs the case.
guidance helps to understand things which are present in the so mentioned DV case.
thanks in advance
PARTHA P BORBORA
(Expert) 21 May 2011
an interim order passed before framing of a charge.
2. the charge will be framed in accordence with law, not in accordence with the wishes of the applicant.
3.if there is no cause of action, the court will dicharge the opposite party.
4.without cause of action the case will be dismissed.
5.the trial court have every power to dismiss the case if there is no cause of action.
6. if there is no cause of action there will be no case.
Guest
(Expert) 21 May 2011
Point by point opinion is as follows:
1)Interim orders are of interim nature subject to final decision and can be any time before or after the actual trial takes place.
2)Question does not arise about trial according to the wishes of the Applicant. A judge is a judge and cannot be expected to be a sub-servient to the applicant.
3)Cause of action is decided on merits of the case not the respondent. However lawyer of respondent can appeal for dismissal if he can prove thee is no cause of action.
4) Case cannot be predecided without hearing the plea of the applicant if the respondent even if some logic about the absence of cause of action is presented by the respondent.
5) Yes, the magistrate has the power to dismis the case if he finds absence of cause of action.
6) Depends upon the discretion of the magistrate.
