Legal Question in Criminal Law in India

section 138

Awarded 10 months sentence and compensation along with legal expenses.Appealed in session court. Is it necessary for me to attend after the appeal is admitted.CAN THE SESSION COURT REVISE COMPENSATION AND IMPRISONMENT upward


Asked on 10/02/07, 12:49 pm

5 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: section 138

Yes you have to attend the court after the appeal is been admitted.

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Answered on 10/03/07, 5:42 am
Alok Sharma Alok Sharma & Associates

Re: section 138

yes you are supposed to attend after the appeal is admitted. Though the court has power but chances of enhancement are very dim since there is no challenge from opposite side.

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Answered on 10/02/07, 12:57 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: section 138

About attendance, ask your lawyer handling the case. In an appeal against conviction, no enhancement of sentence or compensation.

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Answered on 10/03/07, 1:38 am
G. M. Gupta gmguptaandassociates

Re: section 138

yes

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Answered on 10/04/07, 7:06 am

Re: section 138

Yes,you have to appear if the notice issued by session court is duly served upon you.Appellate court has powerto revise compensation and sentence also.

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Answered on 10/04/07, 8:12 am


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