LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

madhuri_bansal (CA)     07 July 2015

Revision against revision

Is revision application in District Court allowed to be admitted under revision again in HC?

 

If a revision application fails in a District Court, what is the available remedy?

 

Does revision application in HC follow against revision in District Court?



Learning

 7 Replies

Adv. Chandrasekhar (Advocate)     07 July 2015

If you are talking about criminal law, then, only one revision lies and the aggrieved party can only file appeal.  If he chooses revision in Sessions, he has to go to appeal in HC.  If he chooses appeal in sessions, he has to go to revision in HC.  Revision over revision does not lie.  But appeal over appeal lies (in civil cases) as you know, regular First Appeal and Regular Second Appeal.

madhuri_bansal (CA)     07 July 2015

Sir,

I am talking about HMA judgements (Civil) only. 

Should I assume the following part of your answer true about my query?

"If he chooses revision in Sessions, he has to go to appeal in HC.  If he chooses appeal in sessions, he has to go to revision in HC.  Revision over revision does not lie.  But appeal over appeal lies (in civil cases) as you know, regular First Appeal and Regular Second Appeal."

Madhuri

Adv. Chandrasekhar (Advocate)     07 July 2015

When you put a question, you should put it clearly.  In HMA, judgments can be passed by Addl. District Judge or Family Court.  If it is by former then appeal lies before single judge of HC.  If it is passed by F.C., then appeal lies before Division Bench of High Court.   All these judgments I am talking must pertain to either divorce or judicial separation or annulment or RCR.  This does not pertain to orders under section 24 of HMA.

  The first line of your first query - "Is revision application in District Court allowed to be admitted under revision again in HC?" does not make any sense, because in HMA original jurisdiction lies in ADJ, hence the question of filing revision before ADJ does not lie in any circumstance.

madhuri_bansal (CA)     08 July 2015

Dear Adv. Rao Sir,

You said: "This does not pertain to orders under section 24 of HMA"

Can I appeal against order u/s 24 HMA? If yes, please explain me how.

I understood that revision cannot stand before ADJ,  so only appeal can stand. Revision will go only with HC.

Madhuri

Adv. Chandrasekhar (Advocate)     09 July 2015

Again same problem.  You do not say whether S.24 order has been passed by Family court or ADJ.  Any how, if ADJ passes the order, it can be challenged either in revision (Under Section 115 C.P.C.) or under C.M.(Main) (under Article 227 of the Constitution of India), depending upon the High Court in which you are challenging the order.  If you are not an advocate, or if you are advocate, but do not have sufficient experience, it is difficult for you to understand the above response.  One thing is sure for you to understand-Any order passed by the either ADJ or Family Court under Section 24 of HMA can be challenged in High Court, either it is under revisional jurisdiction or appellate jurisdiction or under Art. 227 of COI is immaterial for ordinary clients.

S K KARNjhc (Legal Adviser)     12 July 2015

You have been very awsomely advised by learned lawyer, though you are confused, you should consult local lawyer (if you are not).

 

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     26 November 2015

V. GOOD EXPLANATION


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query