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Shubhangi Patil (Management Trainee)     24 February 2009

revision of order

Dear All,

I want to Know:

"If revision is to be filed for the order granted by High Court under section 138 of Negotiable Instrument Act, 1881 than is there any time limit wiithin which revision appeal is ti be file for the said order.

If there is any time limit than after the time limit can we file condonation of delay or it is not allowed?

Which section to be referred?

Regards

Shubhangi.

 

 



Learning

 9 Replies

Uma parameswaran (lawyer)     24 February 2009

The period of limitation to any court for the exercise of its powers of revision under CPC / CrPC is ninety days from the date of the decree order or sentence sought to be revised. There is no time limit to file  the petition for condonation of delay.The Court  will  decide whether it is allowed or not.

AEJAZ AHMED (Legal Consultant/Lawyer)     24 February 2009

DEAR SHUBHANGI,


Rightly informed by our learned Member UMA,


The Limitation Period to prefer Revision  is NINTY ( 90 ) Days which start from the Date of Order Or from  the Date of Handing Over of Order copy.


After the Prescribed Time Limit you can prefer the Revision with an additional Petition to Condone the delay .


There are several Orders allowing the Condone Delay Petition in preferring Revision/Appeals.


Under Section 473 of Cr.P.C. you can file the Petition to Condone the Delay OR for Extention of Time to prefer Revision.  


Hoping to Satisfy you.

Shubhangi Patil (Management Trainee)     24 February 2009

Thanks Sir,


I agree with you,But


What will be the fees for filing revision of the said order.


Shubhangi

AEJAZ AHMED (Legal Consultant/Lawyer)     24 February 2009

MR. SHUBHANGI,


Did You asked about " FEES" above ?


What do you mean by ' I agree with you, But '  ?


Approach your Local State High Court Lawyer, then he will inform you about all the expenditures, which includs as follows :


(a) COURT FEE


(b) STATIONARY EXPENDITURES


(c)  CASE FILING EXPENDITURES


(d) LAWYERS FEE


(e) ADVOCATE CLERK FEE


So, here we can' tell you any exact figure for the total expenditures.


Furthermore, you yourself and your question is not clear.


Who are you ? Complainant  OR Accused


Judgment in Revision ?  is there any directions earlier order regarding payment of  cheque amount OR part of the cheque amount.


Compensations ?  If you are accused, then what are  the directions for payment of any compensation amount

N.K.Assumi (Advocate)     24 February 2009

Agree with Aejazji.

Ajay kumar singh (Advocate)     25 February 2009

Section 473 Cr.P.C. deals with taking cognizance of an offence after the period of limitation. It has nothing to do with condonation of delay in other cases. While preferring an appeal or revision after the prescribed period, a petition for condonation of delay is to be filed under section 5 of the Limitation Act and not U/S 473 Cr.P.C.

PALNITKAR V.V. (Lawyer)     25 February 2009

The learned members have given valuable advise.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     05 March 2009

I do agree with all of my friends.

mahima (vfdvfvfd)     25 April 2013

dear guests , is there any remedy of revision against order of high court? if yes , where revision lies against order of high court? thankxsxxs


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