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Court judgment

(Querist) 25 November 2011 This query is : Resolved 
How long can a judgment be kept reserved, and what is the limitation period? What is the next course of action (procedure) after limitation period, if any, is over?
prabhakar singh (Expert) 25 November 2011
The preservation of court record is governed by civil general rules framed.

A Judgement marked A1 is preserved permanently for ever and few others
Marked A2 are preserved for over 30 years.

Any document of the file has to be kept till
prescribed age where after the same is weeded out.
Devajyoti Barman (Expert) 25 November 2011
Are you talking about judgement or case record?
If it is for judgement then there is no time limit though it should be passed asap after the argument is over.
In WB a contested case record is kept for 15 years whereas a ex parte case record is kept for 5 years.
Rajeev Kumar (Expert) 25 November 2011
Agree with Prabhakar sir
Shonee Kapoor (Expert) 25 November 2011
Agreed with experts.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Tage Talin (Querist) 25 November 2011
I am talking about judgment of a case, not the case record. After argument is over in a civil case, a High Court Judge has been keeping the judgment reserved for the last four months. Someone told me that if judgment is not pronounced within three months of argument, the case may be considered for re-listing for a fresh argument. I want to know what exactly is the legal procedure/position in such cases.
Devajyoti Barman (Expert) 25 November 2011
Then the Rules of the particular High Court needs to be seen. There is no such Rule for the Calcutta High Court.
Raj Kumar Makkad (Expert) 25 November 2011
Prabhakar singh seems confused. The querist in his original query has clearly asked about the judgment reserved.

Clearly speaking, there is no guiding law to deal with this problem. Despite of instruction of Apex Court, generally lower judiciary take much time in pronouncing judgments.
valentine thakkar (Expert) 26 November 2011
Agreed with Mr.Makkad. Sometimes court takes one year or more for pronouncing the judgment and order. If the Judge is transferred in between the new judge may ask for arguments afresh or may take some more months to study the case. This is really annoying. This happens particularly in contested cases where it is not easy to arrive at a judgment or where there is a possibility of appeal.
Raj Kumar Makkad (Expert) 26 November 2011
Thakkar has clarified some more aspects.
prabhakar singh (Expert) 27 November 2011
Yes! makkad seems right in finding me confused.

The matter does relate to undelivered judgement even long after hearing of argument.I misread "reserved"as "preserved".My eye sight is the culprit.

In civil general rules the case is required to be reheard then,what rule the very High Court has framed in this regard is unknown to me.

The author may well ask lawyer conducting the case.

All high courts have their own rules of procedure.
Shailesh Kr. Shah (Expert) 27 November 2011
So,Check Concern High Court Rules.
M/s. Y-not legal services (Expert) 27 November 2011
nice job done by experts.. and nice to see our peoples sharing knowledge.. its good one to this forum..
Raj Kumar Makkad (Expert) 27 November 2011
Thanks Prabhakar singh for your good sportsmanship say good lawmanship.
prabhakar singh (Expert) 27 November 2011
It is nice to here such courteous words from you.


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