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LEGAL-CIVIL CRIMINAL (SENIOR ADVUCATE. skjadvt@gmail.com)     24 March 2014

D v act appeal or revision

UNDER D V  ACT SECTION  28 SAYS CRPC IS APPLICABLE BUT SECTION 29 SAYS APPEAL.

SO IF WE HAVE TO CHALLENGE COGNISANCE WHETHER IT WILL BE U/S 28 OR U/S 29  OF D V ACT



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 5 Replies

Laxmi Kant Joshi (Advocate )     24 March 2014

You can file an appeal u/s 29 of dv act to the session court within thirty days from the date of order .

LEGAL-CIVIL CRIMINAL (SENIOR ADVUCATE. skjadvt@gmail.com)     24 March 2014

Than what is the meaning of  section  28.

 

and we want to use this  provision against issue of process or taking cognizance of case.

 

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 March 2014

Dear Querist if you want to challenge the issue of process then you have to file a Petition before HC u/s 482 of Cr.P.C. 

that the meaning of section 28 of D.V. Act.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     25 March 2014

What will be the fate of orders u/s 29 by sessions court.


That is order by a JMFC  in DV act and appeal against it before sessions court withing thirty days. If appeal fails what is further remedy.


So I feel till issue of process and other matters section 28 will work and only any effective  order  for  any relief to parties will attract section 29 for appeal.


If not what far the section 28 is provided, experts please discuss.

LEGAL-CIVIL CRIMINAL (SENIOR ADVUCATE. skjadvt@gmail.com)     25 March 2014

In a similar case of Mumbai JMFC issued process and the victim filed revision or appeal before sessions court Mumbai which was allowed.

 

The opponent filed a criminal application before BOMBAY HIGH COURT and the order of sessions cour was upheld.

 

Now criminal application means it was action u/s 482 of CRPC. So what was before sessions court revision or appeal.

 

And if want the copy of the order of the sessions court which may be in the record of HIGH COURT what is the procedure for third party to get copies. Than only this matter will be clear.

 

WHY ALL THIS PROBLEM BECAUSE IF IT IS TREATED A REVISION UNDER CRPC THAN IT HAS NINETY DAYS LIMITATION WHILE IF IT IS TREATED AS APPEAL THAN ONLY THIRTY DAYS LIMITATION U/S 29 OF D V ACT.

SO AGAIN A RELATED PROBLEM THAT A REVISION IS FILED UNDER SECTION 29 CAN IT BE CONVERTED INTO APPEAL IF WITHIN LIMITATION AT THE TIME OF FILING UNDER D V ACT.

PLEASE GIVE YOUR VALUED SUGGESTIONS.


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