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Indian (Indian)     26 September 2014

Is it possible to have same date in lower and high courts?

I have a date x being fixed by high court for hearing in a case. Few days after I had a hearing of bail application in another case but related to same matter and I requested the subordinated court that their high court has fixed x date thus they shall give any date other than x. But the subordinate court fixed x date. I want to know can lower court give same date as of high court and what remedy is available to us?



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 7 Replies

Tajobsindia (Senior Partner )     27 September 2014

1. Yes, it is possible as both Court(s) hearing List are independent to each other unless and until prayed to allot different date vehemently citing valid reason and get it allowed.



2. File an urgency Application for seeking Adjournment of hearing at Trail Court citing HC seized the same matter and hearing is on same date as trial Courts date hence trial Court is duty bound to wait for HC hearing date to be over and out with least irreparable damage is caused to both parties as the opposite side is also going to be present at HC on same date due to accepting process service of HC in such and such matter.......................... 

Dr J C Vashista (Advocate)     27 September 2014

I agree with Tajobsindia, it is possible. Even if the lower  court do not adjourn you may send your  lawyer (proxy) and intimate the court that the parties are attending the case in High Court, pass it over or adjourn, which shall be allowed. 

Sudhir Kumar, Advocate (Advocate)     27 September 2014

what is the case.

Indian (Indian)     27 September 2014

It is case of 498A.

Trial court while hearing earlier on 498A and bail gives different dates for both.

But now the trial court has given the date for hearing on 498A the same as of our date in HC in DV case. We requested orally but we were told that we should intimate or request in advance about this.

Then on interim bail hearing day (there was also lawyers strike on that day) I have given trial court an application along with affidavit and high court's dates order sheet requesting to allow any date other than the high court's date. But trial court rejected my request saying accused has no right to request for extension of bail.

Kindly suggest the remedial action and whether it is a ground to move a transfer application against trial court before the date of hearing of interim bail?

Dr J C Vashista (Advocate)     28 September 2014

@Indian,

Generally when it is submitted to the trail Court that there is another matter fixed for heaing in the High Court on the same date, the trail court shall not reject such request as stated by the anonymous author, ie., having adopted name as Indian.

Moreover,when another case of the accused is being taken up in High Court on the saame day and it is properly presented to the trail court, the bail of the accused shall be extended (normally) and the court shall not be so cruel to pass such an order for non-extension of bail as stated by the author. Otherwise move in revision as well as transfer of the case to some other court..

Accordingly, as I have observed, your story is unbelievable and hypothetical, which can hardly happen.

Indian (Indian)     28 September 2014

Dear Mr. Vashisht,

Thank u for replying and guiding. Also there is nothing hypothetical, it has actually happened that is why I am discussing on this forum. We were also confident that genuinely a different date will be given by the lower court by presenting our request application as the opp. Party is same, but it got rejected.

T. Kalaiselvan, Advocate (Advocate)     03 October 2014

Well advised by experts I  endorse their views.   If you are expected to be in high court on that particular date of hearing, the lower court cannot press for your appearance until you have finished the hearing in the high court.


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