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Ajay Gupta   25 January 2018

Judgement copy

Hi,

My case was dismissed in District court a month ago but court says judgement/order copy is not yet ready, I wonder how judge made judgement without preparing the order copy. Is there any timeline for court to give the judgement/order copy? How do we appeal in High court if the 60 days passes? Please reply if you know the answers.

Thank You.



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 January 2018

Written reasons for judgment are often provided in circumstances where a complex decision must be made, where the matter is likely to be appealed, or where the decision is considered to be of some significant importance to members of the legal community and/or the public at large.Written reasons for judgment are not generally provided immediately following the hearing and may take days, weeks, or even months to be released.

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R.Ramachandran (Advocate)     26 January 2018

Please indicate whether you have applied for certified copy of the decision?  If not why not?  Only your application for supply of Certified copy will protect you from delay.  The date of application to date of delivery of the Certified copy will be excluded from counting the limitation period.  Therefore, first make application for Certified Copy without wasting time.

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Ajay Gupta   26 January 2018

Thanks for your replies. Yes, I made the application on same day the case was dismissed.

TGK REDDI   26 January 2018

The time for Appeal commences from the date you get the copy of the judgment provided you do not make any delay in filing a Copy Application.

As for delay in the availability of the judgment,  I'd like to tell you to type order xx of the cpc in google and select order xx judgment and order cpc 1908.

Read carefully and, still if you have any doubt, approach lawyersclubindia again in this same thread. 

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Ajay Gupta   29 January 2018

Hi,

It says

6B. Copies of judgment when to be made available.- Where the judgment is pronounced, copies of the judgment shall be made available to the parties immediately after the pronouncement of the judgment for preferring an appeal on payment of such charges as may be specified in the rule made by the High Court.

But why court is delaying the judgement copy? The clerk says the judgement is not writtern by Judge yet. How is this possible? Can I use the RTI?

 

TGK REDDI   30 January 2018

Sec 6B of what?      CPC?      Cr P C?      Both are not applicable.

Judgment needn't be ready immediately after the pronouncement.      Judgment isn't made available automatically.     It's supplied if a Copy Application is submitted.

Vijay Raj Mahajan (Advocate)     30 January 2018

The court pronounced the order dismissing the petition, what follows is the judgment, which the reasoning for making the dismissal order which is taking time. The period of limitation starts from the date you get the copy of the complete judgment and order. As for appeal you need certified copy of both the judgment and order of trail court, the period taken for that is exempted for calculating period of limitation.


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