WHAT IS THE TIME LIMIT FOR DELIVERING JUDGEMENT BY MAGISTRATE WHEN ARGUMENTS ARE COMPLETE?
Jatin Sapra 9312223345,Delhi (Advocate) 03 October 2010
There is no such limitation for a magistrate to decide a matter but some acts specifically mentioned this but still magistrates are not deciding accordingly.
but in case of delay High court or supreme Court can expediate trials with special petitions under provisions of law.
Suchitra. S (Advocate) 03 October 2010
Usually judgement is pronounced within thrity days from the conclusion of hearings. In case it is not possible due to exceptional or extra ordinary circumstances, judgment may be pronounced within 60 days from the conclusion of hearing.
There is no such limitation for a magistrate to decide a matter.I have seen many cases in which decision is being passed within 5 or 6 months or more..one retired person tired because his civil case decision passed after 6 months.Sometimes i feel very unhappy but we also know the fact that the burden of cases and that burden is upon on judge.
"A litigant must have complete confidence in the result of the litigation. This confidence tends to be shaken if there is excessive delay between hearing of arguments and the delivery of judgement. Justice, as we have often observed, must not only be done but must manifestly appear to be done," the bench, which also included Justice M.H. Beg and Justice Jaswant Singh, had said.
The bench had termed the delay in the delivery of judgements "undesirable" despite the fact that the Civil Procedure Code does not provide any time limit for the period between the hearing of arguments and the delivery of a judgement.
G. ARAVINTHAN (Legal Consultant / Solicitor) 03 October 2010
No law or code or procedure to show time frame for rendering judgment.
Thanx to all the LD ANSWERS.
IN FURTHERANCE TO MY QUERY PLS TELL
1. WHAT IS THE SEPECIFIC TIME LIMIT FOR DELIVERING OF JUDGEMENT IN CRIMINAL CASE UNDER CrPC WHERE ALL THE PROCEEDINGS/ARGUMENTS HAVE BEEN COMPLETED?
2. HOW MUCH TIME IS CONSIDERED REASONABLE FOR DELIVERY OF JUDGEMENT IF THERE IS NO SPECIFIC TIME LIMIT WHEHTER UNDEER CrpC OR ANY OTHER ACT FOR PRONOUNCING JUDGEMENT?
3. CAN A MAGISTRATE ORDER FOR FURTHER SUPPLIMENTARY ARGUMENTS ON DAY OF JUDGEMENT AND DELAY THE JUDGEMENT.
4. WHEN THE TIME LIMT SHALL START WHERE THE COURT ORDERS FOR SUPPLEMENTARY ARGUMENTS ON THE DAY OF JUDGMENT
Suchitra. S (Advocate) 03 October 2010
There is no law or provision to fix the limitation period for pronouncement of judgment. But in R.C.Sharma v. UOI, Supreme Court has observed that time limit should be prescribed for delivery of judgment. The Committee formed opined that the judgment should be pronounced within a month, or within sixty day in extraordinary cases after the conclusion of hearing.
ram mishra (retired) 14 October 2010
It is quite apparent that there is no accountability attached to Judge's actions
with respect to his behaviour in the Court including his reopening the case
after passing the Order "Order Reserved". Delay in verdict follows.
Independence of Judiciary is fine - it has in cases got to a licence for irresponsible
behaviour by not delivering a Judgement in a reasonable time.
To avoid giving an scope for corruption or ground for suspected corruption
The Judges Accountability bill needs to include a well defined time period, may be a bit
liberal but none the less defined inflexible time, for the Judge to pronounce his
judgment. The failure to adhere to this shall make him liable to be charged with
a misdemeanor and a personally applicable fine the amount of which should be
specified keeping the present costs in mind
shivkumar (manager) 12 January 2012
kindly let me know the time limit for pronouncing judgement in civil cases, If the judgement is not delivered within 6 months after arguments are complete how does one go about to expedite judgement
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 18 January 2012
Unfortunately there are no limitations.
Well Wisher (analyst) 07 August 2015
There is no limit then how it is called as Law and order.
When customer care delay to provide services with in SLA when other parties delay services with in time period they are punished.
But when the leader who is punishing them has no law why it is called law and order.
Every commom man entering court will be shown the same steps which are being repeated from 1947. Why not even a single Judge take initiative to speedy the process.
if one Judge expact an example of speedy Judgement and services rest all will follow it surely but who will gonna be the first is again an Dream.
Already cases are penging in million inspite of closing them Judges keep collecting Judgements can't blame them as they are very few to handle million of cases but when parties are paying payment what is the problem in procuring more Judges.
Arbitration was one clause bought in system to speedy services but i heard even they reserver judgement for years even after High court order them to close the case in 4 to 6 months.
So when parties shout in court its called condem of court but Judge can break rules which are called reserved judgement.
Hats of to our system and our people.
sandip kumar (student) 30 August 2015
pl tell me in criminal case verdict should come with in two weeks after the trial is over in session court , pl give me the case law (judgement) oe section
Krishna Murthy Pasupula (High Court Advocate ) 30 August 2015
There is no specific time limitation to deliver the judgment.
In some cases depending on the urgency, judgement pronounced within 30 to 60 days