Possible duration for reserving a judgment
RITESH RANJAN
(Querist) 10 July 2015
This query is : Resolved
Respected Helpful Members and True Jurists,
Is there any rule regarding duration of RESERVING JUDGMENTS for the Hon'ble High Courts ?
What can be such maximum duration ?
If not even, what is left with an applicant to get the JUDGMENT delivered after 15 days?
Kindly guide if you please.
Yours faithfully,
Ritesh Ranjan
Chanchal Nag Chowdhury
(Expert) 10 July 2015
a)NO
b)Usually none exist.If any HC has framed any rules,it is a different matter.Max period- service tenure of the judge. I have known instances where a judge has retired/transferred after not having delivered judgments for years together and the case had to be heard de novo.
c)No procedure.Depends on the judge.
Kumar Doab
(Expert) 10 July 2015
I have a feeling that Supreme Court of India has pronounced guidelines for 'Pronouncement of Judgment' and accordingly each HC has framed rules.
You may go thru:
Anil Rai Vs. State of Bihar
http://indiankanoon.org/doc/1517737/
I have thr rules posted in some threads.
I don't have access to my library at the moment............hence unable to attach.
Kumar Doab
(Expert) 10 July 2015
There are case flow management rules, directions on pronouncement of judgments, in high courts .
Your lawyer would be aware of it.
Kumar Doab
(Expert) 10 July 2015
You may go thru:
http://www.lawyersclubindia.com/forum/Judgement-date-and-month-72133.asp#.VZ_yvLV-jMo
dev kapoor
(Expert) 11 July 2015
Agree consensus on law point.But whims of a judge cannot be met by a bonafide litigant in HC as persistent requests to a Judge may annoy the 'almighty'.There is practice among many judges to keep a number of files under "Reserved for Judgment" category and there will be no exaggeration to say that files keep lying in closed almirahs etc and d judge even forgets the facts argued before him.This 'uncodified' difficulty is impossible to surmount."Endurance" is the best policy.
P. Venu
(Expert) 11 July 2015
Are you referring to any specific instance where you are involved?
Kumar Doab
(Expert) 12 July 2015
In the citation other thread mentioned above the apex court has remarked ""The magistrate who cannot find time to write judgment within reasonable time after hearing arguments ought not do any judicial work at all.".............and has issued guidelines.
The High Courts have placed the rules and directions on websites.
These can be referred to.
