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Ramesh (student)     09 August 2013

Prayer to chief justice of gujarat

Dear ALL expert,

It happened in some occasion that outsider litigant become hopeless, upset and frustrate on account of leave of the Hon’ble judge in which he has appeared.

Can we sent an appeal or prayer to the Chief justice of the State through Registrar of the court by mail to develop a information system for the outside litigant so that they get this information of leave of the Hon’ble judge well in time through the contestant advocates whose cell numbers are available in the court of law or through Bar Association so that the proper information may be receive by the outsider litigant in order to cancel his reservation, booking of the hotels to avoid further monetary losses as well as loss of time etc.

The proforma draft is also attached. Please amend it as per your expertise so that it may be attracted at the first sight of the Hon’ble chief justice.

Further please also inform is it will be free from any actionable by the Hon’ble court from the provisions of law

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Respected and Most Hon’ble Mr. Justice

Bhaskar Bhattacharya

Chief justice, High court of Gujarat

Ahmedabad

 

 

It is a fact that many litigants appear in the Hon'ble court from the other State or city in Ahmedabad or any other city of Gujarat and so many cases are pending in different Hon'ble courts in different provisions of the law. Apart from the civil and criminal cases most of the cases are related to family matters in family court or Metropolitan courts, Session courts and even in the High court of Gujarat.

In so many cases since the marriage of a Guajarati girl is solemnized in Gujarat, but their husband and his family resided in other parts of the India and  if they became respondent in any case in that situation they have to attend the court from their respective places and generally they have to make prior arrangement of the railway reservation, booking of the Hotels apart from taking the prior permission from the Deptt from their work- place.

In the above backdrop on so many occasions it happened that due to some urgent problem some of the Hon'ble judges take the causal leave on some day and only it came to know the respondents after appearing the court at that time they become frustrated on account of leave of the Hon'ble judge and thus incurred above unnecessary expenses, loss of leave, wastage of time, etc.

In view of above since cell numbers of the contested advocates of the contesting parties are available in the Hon'ble court therefore the respondent or the applicant should be intimated through their advocate well in time or direct from the Hon'ble court in case the details of cell number of the contesting parties are available in the Court of law which will be a great relief to such outsider contestant for cancellation of their schedule programme and thus they will also avoid the monetary loss with the help of implementation of this new system.

It is, therefore, prayed to the Hon'ble court to implement this system if viable in the general interest of every outsider litigant.

Thanking you,

With kind regards

 

 

 



Learning

 1 Replies


(Guest)

@Ramesh, a casual leave means a casuality which may happen at any point of time and becuase of that someone counld not attend his / her duties. It may not be predetermined. For example an Hon.Judge was just boarding his car for reporting at Court and all of sudden something happened to his kid / wife who was just accompanying with him from home to his car for tata - bye bye and fall down, got injured, got fractured and becuase of that Hon.Judge has urged him self to accompany with his wife to hospital and further treatement, bla bla bla, so he could not be able to attend the court.

An another example: an Hon.Judge have had a delicious dinner last night, but could not get digested properly since morning and he got ill. Becuase of his all of sudden illness, he could not attend court. So such was casuality in nature and not pre-determined illness.

The Lawyers of both the parties know about the Planned Leave Schedule / Pre-determined Leave Schedule of Hon.Judges and accordingly, they communicate / inform their clients as well. And further to that also, whenever the concern Hon.Judges go on leave, which was/were pre-planned / pre-determined, he/she gives his/her charges to some other Hon.Judge to run the case in his absence.


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