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Speedy trial (21 b) - research

Page no : 3

Shantanu Wavhal (Worker)     19 March 2013

today, on 19/03/2013, the date was fixed for the evidence of Resp. 2.

Resp. 2 was absent - His evidence is closed.


Next Date - 05/04/2013 ... fixed for arguments !!

 

Last date fixed by HC = 22/04/2013

Never Give Up (Fighter)     19 March 2013

17 days to go....

Shantanu Wavhal (Worker)     19 March 2013

infact, 34 days from today, if everything goes smoothly.

Shantanu Wavhal (Worker)     27 March 2013

 

this is how i got the dates :

 

History Of Case Hearing

Bussiness on Date

Hearing Date

Purpose of Hearing

14-12-2011

04-01-2012

Appearance

04-01-2012

22-02-2012

Appearance

22-02-2012

21-03-2012

Appearance

21-03-2012

11-06-2012

Appearance

11-06-2012

10-07-2012

Appearance

10-07-2012

23-08-2012

Appearance

23-08-2012

07-09-2012

Argument on Exh.____Unready

07-09-2012

14-09-2012

Argument on Exh.____Unready

14-09-2012

05-10-2012

Argument on Exh.____Unready

05-10-2012

19-10-2012

Argument on Exh.____Unready

19-10-2012

25-10-2012

Hearing

25-10-2012

07-11-2012

Hearing

07-11-2012

04-12-2012

Hearing

04-12-2012

19-12-2012

Hearing

19-12-2012

02-01-2013

Hearing

02-01-2013

19-01-2013

Hearing

19-01-2013

02-02-2013

Hearing

02-02-2013

22-02-2013

Hearing

22-02-2013

08-03-2013

Hearing

08-03-2013

14-03-2013

Hearing

14-03-2013

19-03-2013

Evidence Part Heard

19-03-2013

05-04-2013

 

 

 

 

Arguments

1 Like

Never Give Up (Fighter)     27 March 2013

Me too waiting for 5/4/13 for specific reason..may we two  have a fruitful date on that day..

 

I appreciate your effort for updating the forum especially in context of progress of Speedy Trial order and its execution by court.

Shantanu Wavhal (Worker)     05 April 2013

today, on 05 / 04 / 2013, both myself & respondents advanced Final Arguments.


now next date - 06 / 04 / 2013 !!!


yes !

06 / 04 / 2013 (no typing mistake)

Fixed for - say of respondent on the 5 case-laws submitted by me in my final arguments !!


Last Date = 22 / 04 / 2013

1 Like

Shantanu Wavhal (Worker)     06 April 2013

today, on 06 / 04 / 2013, the opponant lawyer advanced his arguments on the rulings submitted by me with my Final Arguments.


i submitted 6 rulings (Bombay HC & SC)

opponant submitted ZERO rulings.


Next Date - 22 / 04 / 2013 ..... Fixed For   J U D G E M E N T  

1 Like

(Guest)
Originally posted by : Amit---------------

today, on 06 / 04 / 2013, the opponant lawyer advanced his arguments on the rulings submitted by me with my Final Arguments.




i submitted 6 rulings (Bombay HC & SC)

opponant submitted ZERO rulings.




Next Date - 22 / 04 / 2013 ..... Fixed For   J U D G E M E N T  

 

 

Wishing you good.


The aforesaid ciitngs can be used elsewhere too?

 


OR only for HMA?

Shantanu Wavhal (Worker)     06 April 2013

i dont know whether special marriage act has any section prallel to 21b.

the above rulings are applicable to expediate marriage petitions, under HMA

Shantanu Wavhal (Worker)     17 April 2013

last few overs of the match !


too boring ...

 

उबाऊ / नीरस

Never Give Up (Fighter)     17 April 2013

Jab hathi nikal gaya hai to puch bhi nikal hi jayegi..

 

Enjoy IPL in the mean while ;)

2 Like

NC (BM)     20 April 2013

Hay Amit, it was too informative to know about 21B in so detail and than your encourage updated. Wish you great good luck.

 

I am also eagerly waiting for Judgement in your case. All the very best.

Shantanu Wavhal (Worker)     20 April 2013

My question here is, what if you ex file an appeal in higher court. I heard higher courts are even slower than family court. Will 24B applicable there too??

21b is also applicable for all the appeals under HMA.

higher courts are faster than lower ones.

it takes time at lower courts because they are TRIAL courts.

all the documents, aspects are being checked during trial carefully.

higher courts DO NOT conduct trial again.

higher courts just go through the file of the lower court and try to find out any irregularity / infirmity in the judgement / proceedings of the lower courts.

also, service of notice is also faster at higher courts.

as far as the question of wife going to appeal, its her right and let her utilize that.

 

if wife goes to appeal, an application u/s 21b should be filed at HC also, praying for expeditious disposal of the appeal.

filing such application at the initial stage reveals our intention to finish the litigation at the earliest..

 

 

21B     Special provision relating to trial and  disposal of petitions under this Act

(1)        The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.

(2)        Every petition under this Act shall be tried as expeditiously as possible and endeavor shall be made to conclude the trail within six months from the date of service of notice of the petition on the respondent

(3)        Every appeal under this Act shall be heard as expeditiously as possible, and endeavor shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

 

 

1 Like

Shantanu Wavhal (Worker)     22 April 2013

22 / 04 / 2013, 07:22 AM

Never Give Up (Fighter)     22 April 2013

Kya hua aaj ??


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