cpc

time limit for delivering judgement


WHAT IS THE TIME LIMIT FOR DELIVERING JUDGEMENT BY MAGISTRATE WHEN ARGUMENTS ARE COMPLETE?

 
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Helo,

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.

 
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Advocate

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.

 
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 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.

 
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Legal Consultant / Solicitor

No law or code or procedure to show time frame for rendering judgment. 

 
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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

MR BECHARA..................

 
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Advocate

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.

 
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well said Suchitra ji but my query contains other questions also, pls deliberate

 
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08010117611

There is no code or law sorry boss !

 
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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

 

 

ram

 
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