Full bench hearing of a writ appeal

Querist : Anonymous (Querist) 19 September 2010 This query is : Resolved
Dear Counsels,

Is it possible to request the Chief Justice of High Court to post a Writ Appeal case before the full bench.

Since case allocation is being done by CJ. Or can I also request the concerned deputy registrar to post it before the full bench.

Please clarify thanks.

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Kiran Kumar (Expert) 19 September 2010
no you can not do that, the listing is to be guided by the High Court rules and orders as applicable to the concerned high court.

however, if the Division Bench hearing the LPA finds some question of law on which the judges differ then the matter can be sent to the CJ for referring the issue to larger bench, but he larger bench will only decide the technical controversy involved. On merits the matter will be decided by the DB only.

u can not dictate terms to the court, u ll have to follow the adopted and correct procedure.

s.subramanian (Expert) 19 September 2010
You cannot ask for it before the Deputy Registrar or any other Officer. It is the prerogative of the chief Justice of the concerned High Court. He alone has the power under law to constitute such benches depending upon the importance of the case. However,if the matter involves such an important question of law,you can make a request to the bench hearing the matter to place the matter before the CJ for this purpose. If that bench is convinced,then they would place it before the CJ for appropriate orders.

Devajyoti Barman (Expert) 19 September 2010
No . It falls purely within the power of the Chief Justice and he makes consultation with the senior Judges of the court in this respect.