Legal Question in Appeals and Writs in India

quoting citations of suprem/high courts in appeal/revision itself

Lower court delivered its decision under section 138 of NI act only the face value of cheque to be given to complainant as compensation and neither the interest were given nor accused was sentenced to any jail sentence after trial of about 3 years.We are not satisfying with it. We have a sizable number of decisions of various high courts as well as supreme court about section 30,79,80 and 117 of Ni act and 357(1)b and 357(3) of crpc.

Now in revision we want to quote all of them in revision petition itself so that we should not have any problem when preliminary hearing for revision to be accepted or not is heard.

Now my question is whether we can quote all citations in revision itself of not? If yes, under which section or rule and if not, under which section. there is a conflict opinion of lawyers.

there is crystal clear cut diffences between the face value of the cheque and in case of dishonoured cheque

amout due under the cheque means face value of the cheque plus 18 per cent interst under section 80 NIact and prosecution cost or other expenses all these to be given as compensation to payee under section 117 NI act.CRPC section 357(1)b,357(3 it is written when a person is convicted,he should compensate victim


Asked on 5/21/06, 8:17 pm

2 Answers from Attorneys
Vivek Mapara Mapara Law Firm

Re: quoting citations of suprem/high courts in appeal/revision itself

Sir,

There is no law that "no citation or rulings should be quoted in revision/appeal" nor there is any law making it mandatory to quote such citations.

If there is a ruling favourable and you feel that could help you prima facie, you can surely quote such ruling in your revision application.

For any further help or advice you can personally contact me at my cell no. (0)9426482371

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Answered on 5/22/06, 4:01 pm
BANKIMCHANDRA SHAH ADVOCATE DIGVIJAYA CONSULTANCY SERVICES

Re: quoting citations of suprem/high courts in appeal/revision itself

yes, you can quote the citations in the grounds portion of the appeal stating that the Hon'ble Judge has erred in deciding ignoring the judgement of the respective High Court or Supreme Court. You can contact me either in person for further details

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Answered on 5/21/06, 9:22 pm


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