Non-reportable / unreportable judgement
Vir Indian
(Querist) 07 January 2014
This query is : Resolved
Dear Seniors
I have read the difference between reportable and non-reportable judgements. Can you please explain to me if it is possible to get a judgement passed as non-reportable after it has been delivered? If so,is there any time limit for it?
Thank you
Vir
Dr J C Vashista
(Expert) 07 January 2014
Reportable judgments are allowed by the Court to be published in media and vis-a-vis for non-reportable.
Advocate. Arunagiri
(Expert) 07 January 2014
Reported judgment means, reported in the official magazines like SCC or AIR. These reported judgments can be called as Citations and shall be used in the lower court as reference.
Unreported judgment means, all the other which are not reported. If you want to refer this judgment to the lower court, you ought to produce the certified copy.
For getting a certified copy of the unreported judgments, you have to file a third party affidavit and can get those copies through court order.
Vir Indian
(Querist) 07 January 2014
Thank you for your answers Dr Vashista and Advocate Arunagiri. The second part of my question was to get a reported judgment changed to non-reportable/unreportable judgement on behalf of the client? Is that possible?
Many thanks
Vir
Anirudh
(Expert) 07 January 2014
First please explain why do you want to get the judgment classified as 'non-reportable'? What is your objective?
Adv.Aiyer VLV
(Expert) 07 January 2014
As I adviced in other query, file IA and reference to HC.
You will succeed in holding it
International Law applies in European client
However judgements are public. Without Court order you can't succeed
R.K Nanda
(Expert) 07 January 2014
nothing to add more.
ajay sethi
(Expert) 07 January 2014
welcome back MR Arunagiri .
Vir Indian
(Querist) 07 January 2014
Thank you Adv.Aiyer for your meaningful contribution. Excuse my ignorance but what is IA?
Mr Anirudh- my client is a European Client concerned about his name appearing in court judgements in India and he believes this is protected under European Charter of Human rights.
Devajyoti Barman
(Expert) 07 January 2014
Yes, Arunagiri, welcome back. Hope to see you more.
Advocate. Arunagiri
(Expert) 07 January 2014
Brothers Mr.Ajay Sethi & Devjyoti Barman.
Thanks for the compliments and for remembering me,
Anirudh
(Expert) 07 January 2014
Dear Vir Indian,
Whether a judgement is reportable or non-reportable is to be determined by the Judge concerned depending upon the general public utility of the decision; as also the peculiarity of the decision.
Therefore, a litigant has no right to get a decision classified as 'reportable' or 'not reportable'.
Vir Indian
(Querist) 08 January 2014
Thank you Anirudh. I have awarded you points for the answer and will also be interested in hearing other people's views on this.
Isaac Gabriel
(Expert) 08 January 2014
The query is thought provoking.There is no caselaw seeking the unreported judgement to be made reportable.Though it is the prorogative of their lorships to make the judgements either reportable, the legal fraternity miss the opportunity to refresh on the points raised or dicussed when the same is marked as unreportable.I
Vir Indian
(Querist) 12 January 2014
Thanks Mr Isaac Gabriel. I will award you points for your answer too.
So is it fair to say, if the judgement is non-different from an earlier one which presumably a judge has cited in his/her order, then there is a good chance of getting that judgement non-reportable?
