• How do we get all service benefits, is my father is eligible for all?

sir one month is going to complete after guj high court judgment and we are going to send notice to western railway about service benefits i got information that CBI is going in supreme court so what will be our next step and we are acquittal from high court is their any advantage of high court or we have to fight again in supreme court ? my father was dismissed from service from 1997 to retirement age at 2014 so if we win in supreme court we will get benefits of  this dismissed period ? or after supreme court we have to fight in CAT and then . is their any short way to get all benefits from indian railway ? how do we stop CBI in Supreme court if we are Acquittal in high court judgment .
Asked 2 years ago in Criminal Law from Balasinor, Gujarat
Religion: Hindu
1. If the CBI moves the Supreme Court to challenge the Gujarat HC order then you will have to contest the case in the SC. The SC has unfettered and unquestionable power to reverse the judgment of the High Court. 

2. If you win in the SC also that would be the end of the legal battle. Supreme Court is the highest court in the country. No tribunal or court or any executive authority can sit in appeal over the SC. 

3. You cannot stop the CBI from going to the SC. What you can do is contest the case in the SC. 
Ashish Davessar
Advocate, Jaipur
20820 Answers
556 Consultations

5.0 on 5.0

If the high court judgement is in your favor, you may wait for the completion   of the waiting period for preferring execution of the order by the high court, after that you may file execution petition on the basis of judgement in your favor.  If there is no stay by supreme court, you do not have to worry about the execution.  
The CBI cannot be stopped from preferring an appeal before supreme court, it is their right. 
T Kalaiselvan
Advocate, Vellore
23906 Answers
238 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer