Judgement under reserved
ksv nageswararao
(Querist) 25 October 2016
This query is : Resolved
A civil case witnesses and arguements over the judge reserve his judgement without goving judgement from since fromfeb 19 th 2016 for till now and what can i have to do for disputed property for atleast temporary enjoyment with the disputed persons. ??? We are struggled a lot without even shelter for my family now since from 4 yrs after filing the suit in seniour civil judge court. Can i go to highcourt for temporary enjoyment. Pl give me your valuable advises here hounourable lawyers ji.
Guest
(Expert) 25 October 2016
As it is more than 8 months and Judge would get his Transfer at any time First Request Your advocate to Mention Regarding the Same in the Same Court Immediately.
Kumar Doab
(Expert) 25 October 2016
Pronouncement of Judgment:
The Supreme Court laid down the following guidelines for the said purpose:
You can download from old threads at:
http://www.lawyersclubindia.com/experts/Writ-petition-reserved-for-judgement-515551.asp
Kumar Doab
(Expert) 25 October 2016
Supreme Court of India
Anil Rai vs State Of Bihar on 6 August, 2001
http://indiankanoon.org/doc/1517737/
After the judgement by the apex court ::::There are case flow management rules, directions on pronouncement of judgments, in high courts ...................
Justice K.T. Thomas and Justice R.P. Sethi began their judgment in Anil Rai v. State with the observation : "The magistrate who cannot find time to write judgment within reasonable time after hearing arguments ought not do any judicial work at all. This Court strongly disapproves the magistrates making such a tremendous delay in the delivery of his judgments." The Supreme Court in the above case strongly deprecated the practice of judges in 'reserving' judgments in matters and not pronouncing them for long periods of time.
The Supreme Court laid down the following guidelines for the said purpose, which are enumerated hereinbelow;
i) The Chief Justices of the High Courts may issue appropriate directions to the Registry that in a case where the judgment is reserved and is pronounced later, a column be added in the judgment where, on the first page, after the cause-title date of reserving the judgment and date of pronouncing it be separately mentioned by the court officer concerned.
ii) That Chief Justices of the High Courts, on their administrative side, should direct the Court Officers/Readers of the various benches in the High Courts to furnish every month the list of cases in the matters where the judgments reserved are not pronounced within the period of that month.
iii) On noticing that after conclusion of the arguments the judgment is not pronounced within a period of two months the concerned Chief Justice shall draw the attention of the Bench concerned to the pending matter. The Chief Justice may also see the desirability of circulating the statement of such cases in which the judgments have not been pronounced within a period of six weeks from the date of conclusion of the arguments amongst the judges of the High Court for their information. Such communication be conveyed as confidential and in a sealed cover.
Kumar Doab
(Expert) 25 October 2016
You may find the following also relevant and useful:
Rajasthan High Court
Raj Bar Gederation vs High Court Of Judicature And Ors on 1 July, 2013
http://indiankanoon.org/doc/198021703/?type=print
“That the Case Flow Management Rules, 2006 framed by the High Court have seemingly remained unimplemented, has been asserted as well.”
Kumar Doab
(Expert) 25 October 2016
Court Rules
CHAPTER 11
Ch. 11
Judgment and Decrees
Part A]
Part A
PREPARATION AND DELIVERY OF JUDGMENT
1. Early pronouncement advisable. Parties to have due notice of the day fixed—When the
trial in Court is over, the Judge should 1 proceed at once, or as soon as possible to the
consideration of his judgment. If the judgment is not pronounced at once, every endeavour shall be made by the Court to pronounce the judgment within fifteen days, from the date on which the hearing of the case was concluded, but where it is not practicable so to do, the Court shall fix a future day for the pronouncement of the judgment, and such date shall not ordinarily be a day beyond thirty days from the date on which the hearing of the case was concluded and also if the judgment is not pronounced within thirty days from the date on which the hearing of the case was concluded, the Court shall record the reasons for such delay and shall fix a future day on which the judgment will be pronounced and in every case the due notice of the day so fixed shall
be given to the parties or their pleaders).
Kumar Doab
(Expert) 25 October 2016
Court Rules and judgments can also be downloaded from another old thread at;
http://www.lawyersclubindia.com/forum/Judgement-date-and-month-72133.asp#.VKZoSaKUcqM
Rajendra K Goyal
(Expert) 25 October 2016
Ask your lawyer to take up the matter.
P. Venu
(Expert) 26 October 2016
There are umpteen number of number of such circulars and instructions. But the question is, who will bell the cat!
Guest
(Expert) 26 October 2016
UNBELIEVABLE !
It seems, your lawyer is also sleeping for the last 8 months.
By the way, what your lawyer has to say in respect of reserved judgment and also on your question whether you should "go to highcourt for temporary enjoyment" or not?
In the case of Anil Rai v. State, Justice K.T. Thomas and Justice R.P. Sethi made their observation that "The magistrate who cannot find time to write judgment within reasonable time after hearing arguments ought not do any judicial work at all. This Court strongly disapproves the magistrates making such a tremendous delay in the delivery of his judgments."
The Supreme Court has already laid down the guidelines in such type of cases. WHY NOT ASK YOUR LAWYER TO ACT ACCORDING TO THOSE GUIDELINES? YOUR LAWYER SHOULD NOT BE MADE TO SLEEP WORRY FREE TILL THE JUDGMENT IN THE CASE IS PRONOUNCED.
Kumar Doab
(Expert) 26 October 2016
Mr. N.J.S.Rajkumar, is right.
It must not so happen that in such situation you may still be in limbo.
Kumar Doab
(Expert) 26 October 2016
It is vaguely remembered that during some side discussion someone was saying that they approached CJM and appraised CJM...............sent some communique to Chief Justice.....................some communique to vigilance etc etc.............
They got relief.
Nothing confirmed.
Nothing remembered.
Sure your own lawyer can appraise you the best.
If you are not satisfied, obtain second/third...... opinion from a seasoned and able counsel.
Usually lawyers avoid antagonizing a magistrate.
Rajendra K Goyal
(Expert) 26 October 2016
Agree with the advice from the expert Kumar Doab.
R.K Nanda
(Expert) 26 October 2016
Nothing to add more.
