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shailendra (officer)     07 December 2009

HOW TO EXPEDITE HIGH COURT HEARING

MY service matter is pending before MP high court but everytime it adjornes. sometime my employer DENA BANK  does not appear, some times judge  ARUN MISHRA who is ailing,   remains on LEAVE.  ONE year passed. WHAT steps should be taken NOW ?



Learning

 5 Replies

N.K.Assumi (Advocate)     08 December 2009

Dear Shailendra, you remind me of the memorable words of Chief Justice of the Court of Appeal in U.S.A. John J.Parker : "If Democracy is to survive it must be able to demonstrate its efficiency; and nowhere is this efficiency more important than in the fundamental matter of administering justice. The administration of justice is the lawyer's business; and to see that business is conducted with efficiency is one of the most important duties that confronts him"

ranjan (software engineer)     09 December 2009

Mr. Assumi

This is no reply by any stretch of imagination.

Adv ramesh chheda (prop)     12 December 2009

U can make an application for the passing of exparte hearing order as well for levying of cost upon other side.

Also refer to supreme court judgement in case of salem bar asso wherein supreme court has stated that there should not be more than 3 adj without sufficient reasoning and also while adjouring matter court should also give proper reasoing for the same.

if this is not complied with then u can take up mater with chief of high court

Kiran Kumar (Lawyer)     13 December 2009

well Salem Bar Associ judgment is more directive in nature....but Ramesh has advised u a correct judgment.

 

the roster in high court changes after a period of time, my be next time u visit for hearing some other judge must be hearing ur matter.

 

otherwise i would advice wait till next date, if the judge is present then make an oral request in the court for early hearing or quick disposal....if nothing happens then write to CJ of the concerned high court....but u must ve sufficient reasons to explain ur urgency.

RAMESH JARIWALA (SELF)     15 August 2011

My criminal case (FIR )pending scince sep 2007 trial court has been passed an order of crpc 156/3 against 2 nri and his indian recidence reltives but the trial court has been recall order with in 15 days (order date 5/9/2007 and recall date 20/9/2007) due to juridiction it must want to be transferd to apropriat police stationon the request of respondent and mean while respondent no.1 and 2 are USA RESIDENT NRI  thay are escapr from india and

there was a passing  4 years time mean while the court littigation is passed

lower court 3 times

high court   times

session court 2 times

currently respondent  are submit pitition  in high court of gujrat on dec 2010 scince crimial revision application 631/2010 passing more than 8 months and till this date 18 time listed we submit a special criminal application in  may 2011 for apropriate action at police station but listd 9 times after noyice served it will be continue in weekly board listed but our court  no are not reach in our metter pl.advice what can we do

Ramesh Jariwala

+919824110990

1.

 

 


Attached File : 52083 202511 58 fir m case 22 sep 2007.pdf downloaded: 127 times

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