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ashok kumar (advocate)     10 June 2008

caveat in criminal proceeding

PROCEEDING OF DOMESTIC VOILENCE ARE OF QUASI CCIVIL NATURE.  IF ANY ORDER IS PASSED BY THE MAGISTRATE THEN AGGRRIEVED PERSON MAY FILE APPEAL. MY QUESTION IS

WHETHER A CAVEAT MAY BE FILED BEFORE SESSION JUDGE?

IS THERE ANY PROVISION OR CITATION ?

PLEASE ASSISST ME.

ASHOK KUMAR  ADVOCATE



Learning

 4 Replies

Guest (n/a)     10 June 2008

There is no need to file caveat in Magistrate Court.  As in
those courts expected plaintiff and defendant for a suit claim does not
arises and there is no need to file caveat. Hence caveat is filed with
a object to avoid multiplicity of civil suits and to settle the
disputes before institution of the suit and the caveator when informed
as the other side is intended to file a suit or appeal against the
lower court order or otherwise then caveator will take necessary steps
to make his position strong though he has a good case, he is not wiling
to file a suit. But in criminal cases the lower court order is against
the state and filing of caveat with other side as state will cause a
lot of disputes in the adminstration part and hence it is not
recommendatory in law.

ESTHERPRIYA (Practising Advocate)     10 June 2008

There is no need to file caveat in Magistrate Court.  As in

those courts expected plaintiff and defendant for a suit claim does not

arises and there is no need to file caveat. Hence caveat is filed with

a object to avoid multiplicity of civil suits and to settle the

disputes before institution of the suit and the caveator when informed

as the other side is intended to file a suit or appeal against the

lower court order or otherwise then caveator will take necessary steps

to make his position strong though he has a good case, he is not wiling

to file a suit. But in criminal cases the lower court order is against

the state and filing of caveat with other side as state will cause a

lot of disputes in the adminstration part and hence it is not

recommendatory in law.

Srinivas.B.S.S.T ( Advocate)     11 June 2008

Hello there there is no provision of
caveat  in criminal law but as you have asked bout DVC which is
as mentioned by you as quasi civil in nature you must have been in
knowledge that  it is not a full civil dispute in nature so the
question of caveat does not even arise and regarding citation DVC is a
child and you cant expect citation as of now  may be in a
couple of months we can get citations bout that

Raj (fr)     26 August 2013

Can I file caveat in criminal case against my ex and Inlaws.
> Is caveat in SC is for civil matters only.
> Is there any disadvantage in filing caveat in criminal case,as the case
> may be heard immediately in SC for transfer in lady favour.
> Is there ex-party Stay order in criminal case also
> Rgds,
> Raj
 


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