Mentioning

Guest (Querist) 22 November 2009 This query is : Resolved
What is mentioning before a court?
What is the procedure for mentioning before High Court?
What exactly one do in mentioning?

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adv. rajeev ( rajoo ) (Expert) 22 November 2009
I couldnt understand ur questio!

bhupender sharma (Expert) 22 November 2009
Mr. Jewel mentioning before the court means to say something with respect to the matter/case/application to apprise about the circumstances arising out which are beyond your control and pass a appropriate order / direction in this respect to ease the same.
So far as the procedure is concerned it may be mentioned in the morning when the court is going to resume the judicial function by apprising earlier about the same to the court master in this respect or prior to lunch or after lunch.
U may seek permission of the presiding judge and say what is your request in the form of mentioning.

J K Agrawal (Expert) 22 November 2009
Well answered a very good question. If we do not understand a thing we should ask it afterall all advocates are practicing only and no one is perfact. Thanks Bhupendra

Guest (Expert) 22 November 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE MENTIONING KINDLY NOTE THAT

1.MENTIONING BEFORE COURT MEANS IN CASE LAWYER HAS SOME URGENCY AND HIS COURT MATTER IS ON CAUSE LIST OF THAT COURT THEN HE MAY REQUEST AND MENTION THE SR.NO.OF THAT COURT MATTER EVEN BEFORE IT IS CALLED OUT AND REQUEST HONOURABLE COURT EITHER TO TAKE UP THE MATTER URGENTLY OR KEEP BACK THE SAID MATTER TILL HE COMES AFTER ATTENDING OTHER COURT MATTERS.KINDLY NOTE THAT REASON FOR MENTIONING MAY DIFFER AS PER URGENCY AND NEED OF ANY PARTICULAR COURT MATTER.

2.PROCEDURE FOR MENTIONING THE MATTER BEFORE THE HIGH COURT IS ADVOCATES PREPARE A WRITEN NOTE MENTIONING ALL DETAILS ABOUT CASE NO. ,NAME OF THE PARTIES AND DATE OF FILING OF SAID MATTER AT HIGH COURT.AND SUBMIT APPLICATION TO THE HIGH COURT TO LIST THE SAID MATTER ON ANY PARTICULAR DATE FOR HEARING .HONOURABLE LORDSHIPS HIGH COURT WILL HEAR THE ADVOCATE ON THE POINT OF URGENCY AND MAY ORDER TO LIST THE MATTER AS PER APPLICATION OF ADVOCATE OR MAY FIX A DATE SUITABLE FOR THE COURT FOR HEARING THE SAID MATTER.KINDLY NOTE THAT THE ADVOCATE WHO IS SUBMITING THE APPLICATION BY MENTIONING THE MATTER HAS TO INFORM OTHER SIDE ABOUT THE DATE OF HEARING AND ALSO PROVIDE THE COPIES TO THE OTHER SIDE.

3.GENERALY MENTIONING TIME IN ANY HIGH COURT WILL BE IN THE MORNING BEFORE THE REGULAR HEARING OF CAUSE LIST STARTS.OR SOMETIMES COURT MAY PERMIT MENTIONING URGENT COURT MATTERS SUCH AS BAIL APPLICATIONS OR STAY APPLICATIONS EVEN BEFORE AFTERNOON COURT MATTER HEARING STARTS.

IN CASE YOU NEED ANY FURTHER INFORMATION OR HELP KINDLY SEND DETAILS.
I AM PRACTICING INDEPENDENTLY AT DIST AND SESSIONS COURT AND HIGH COURT OF BOMBAY,AURANGABAD, NAGPUR AND HIGH COURT OF DELHI,AND HIGH COURT OF RAJASTHAN AND ALSO JOINTLY AT SUPREME COURT OF INDIA DELHI.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU.
YOURS SINCEELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Sachin Bhatia (Expert) 22 November 2009
In terms of the present practice in vogue in the Supreme Court Registry, the SLPs/stay applications filed in the Supreme Court are listed for hearing in their own turn according to the dates of their filing. However, in case of urgency, there is a procedure of mentioning before the Bench headed by the Chief Justice of India for ad interim stay till the stay application is heard and disposed of by the Supreme Court. For this purpose, the Central Agency Section is required to file an application with the Registrar of the Supreme Court giving reasons justifying out turn hearing of the stay applications. In case the Registrar is satisfied about the urgency, the application is included in the "list of cases for urgent mentioning" and it is then possible to mention the case on the following day before the Bench headed by the Chief Justice of India. In view of this procedure, it is not possible to move the Supreme Court for out of turn hearing of stay applications in a routine way. At the same time, non-implementation of the High Court's order without obtaining stay from the Supreme Court may create complications.