My case in high court does not come up for hearing.
ASMITA
(Querist) 01 August 2016
This query is : Resolved
The last it was heard was on 31/03/2015 thereafter since last one year it is getting postponed. I suspect foulplay. Is there any complaint mechanism
adv.bharat @ PUNE
(Expert) 01 August 2016
Have u personally appeared on the date of hearing?
Guest
(Expert) 01 August 2016
Once entered in to legal arena, patience is quite desirable.
By the way, what type of foul play do you suspect?
Also, what is the nature of the case, filed under which sections and what your own lawyer has advised you on the issue?
R.K Nanda
(Expert) 01 August 2016
Contact ur lawyer.
Kumar Doab
(Expert) 02 August 2016
Your own counsel must have updated you.
ASMITA
(Querist) 02 August 2016
To give you a brief on this:
I am a 68 year old senior citizen woman. I am a respondent to the testamentary suit filed by my brother in 2001 after I had approached high court for my share in 1998.
The last hearing was on 31st of March, where my brother was cross examined and Justice Patel came down heavily on him as his answers to questions put forth by our counsel were misleading. He had also said that the case needs to be wound up fast. I was personally present during the last hearing.
Since then the case is getting postponed and has never come up for hearing. I was approached by a person saying that the other party is ready to pay x amt to postpone the case and if you wish to bring it on board you will need to pay x+ amount. This definitely means the case is deliberately postponed and managed.
I am feeling completely helpless. Request if some one can guide me.
ASMITA
(Querist) 02 August 2016
to add to above: the last hearing was on 31st of March 2015 and this case pertains to ancestral property.
Kumar Doab
(Expert) 02 August 2016
The matters of senior citizens are given priority.
The said HC website must have the rules on its website.
Your own counsel can help you further.
Rajendra K Goyal
(Expert) 02 August 2016
High courts are heavily burdened. You may discuss with your lawyer.
Guest
(Expert) 02 August 2016
Your own lawyer should help you with all sincerity. If you have any doubt about his integrity, you may better get your lawyer changed.
P. Venu
(Expert) 02 August 2016
It appears that the suit is pending in the Original Side of a High Court, may be in Mumbai. Long delay is inevitable. You can try filing a Notice of Motion.
ASMITA
(Querist) 02 August 2016
learned advocates:
1. I do agree that the high court is burdened but how can a case which was fast moving until 31st of March 2015 not come up for hearing at all?
2. The stakes are quite high in this case and a lot needs to be read in between the lines. Changing the advocate at this stage is a very big call both from updating the new advocate and cost perspective.
3. However from what I can infer I have no remedy on my own. Silently we are admitting the corruptive practice prevalent in Mumbai High court as well, with out any recourse to the aggrieved.
ASMITA
(Querist) 02 August 2016
learned advocates:
1. I do agree that the high court is burdened but how can a case which was fast moving until 31st of March 2015 not come up for hearing at all?
2. The stakes are quite high in this case and a lot needs to be read in between the lines. Changing the advocate at this stage is a very big call both from updating the new advocate and cost perspective.
3. However from what I can infer I have no remedy on my own. Silently we are admitting the corruptive practice prevalent in Mumbai High court as well, with out any recourse to the aggrieved.
ASMITA
(Querist) 02 August 2016
learned advocates:
1. I do agree that the high court is burdened but how can a case which was fast moving until 31st of March 2015 not come up for hearing at all?
2. The stakes are quite high in this case and a lot needs to be read in between the lines. Changing the advocate at this stage is a very big call both from updating the new advocate and cost perspective.
3. However from what I can infer I have no remedy on my own. Silently we are admitting the corruptive practice has crept in to prevalent in Mumbai High court as well, with out any recourse to the aggrieved.
Devajyoti Barman
(Expert) 03 August 2016
The original suits in high court indeed is pending for long.
If the case is not mentioned for listing it would not be listed for hearing ever.
hence talk to your lawyer and get the case mentioned in court for urgent listing.
It would be allowed.
Rajendra K Goyal
(Expert) 03 August 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Case-in-high-Court-not-coming-up-for-hearing--610296.asp
ASMITA
(Querist) 03 August 2016
Apologies, but my question still remains unanswered.
Money is being demanded to bring the case on board. Is there no remedy to curb this corruption?
Should I still continue to give the benefit of doubt to my lawyer and hope that he does what he is not being doing?
Please do not repeat your answers. Please answer point blank to both these questions.
Guest
(Expert) 03 August 2016
Ms. Ashmita,
Your statement, "but my question still remains unanswered," is quite surprising,when I and some others have suggested you that only your advocate can hlp you, as only he is the eye-witness of events happening in the trial of your case.
is there any reason that your own hired lawyer is unable to answer your question or is incapable to help you?
You have not thrown any light on that aspect. Is there any specific reason of your silence on that issue?
If you are not satisfied with the service of your lawyer, why not you change him?
Now it is you, who have to give point blank answers to my queries to help you get point blank answers from the experts.
ASMITA
(Querist) 03 August 2016
I will reply to in in totality to your full satisfaction.
Please answer my second question as to whether you agree to corruption being prevalent in high court in the form of money being demanded to bring the case on board and is there any mechanism to curb this?
If you cannot answer this i take it as a lost case with no hopes at all.
Apologies but i have suffered quite a lot.
Ms.Usha Kapoor
(Expert) 04 August 2016
Dear Client
, Move an application for urgent hearing of the matter asking for final hearing at an early date. Court may oblige. If you've concrete evidence of corruption being the cause of delay discuss the matter with your constituency MLA oe Minister and request them to expose the High court judge who is guilty of graft in Legislative /assembly. Due to public exposure and force the concerned guilty judge may resign. News Papers media also you can choose to bring the hushed bribery case or scam as the media prefer to call it to limelight through paper publication and final resignation of the corrupt judge and someone else who has a clean chit may hear YOUR CASE ON AN URGENT BASIS.If you appreciate this answer please click the thank you button on my profile.
P. Venu
(Expert) 04 August 2016
The corruption in court's registry's phenominal; and Bombay High Court is no exception, especially, the Original Side, which is a labyrinth of procedures. A Notice of Notion needs to be filed for an urgent hearing, followed by a pursis; quite often the pursis needs to be followed up with the official through a bribe to him, though the amount involved may not be substantial. However, it goes to to credit of those court officials that they make no exception - even Government Departments need to bribe them. While in service, I had personal encounter with this "smooth" system.
Guest
(Expert) 04 August 2016
Ms. Ashmita,
On what ground or specific proof of corruption do you expect commitment of members about exitence of corruption in HC? Mere your statement is not sufficient to convince the members, while you have not mentioned who was the person, who approached you to pay money, whether the judge, the reader or any lawyer or someone else in what capacity.
Moreover, nobody, except your own lwyer knows what is what of your case. So, on which ground you want commitment of the members merely on your own statement?
However, if you think corruption exists in the HC, better contact the CBI and lodge your complaint with them on which they may arrange to make an on the spot raid to get the concerned person nabbed red-handed for asking or taking bribe.
Kumar Doab
(Expert) 04 August 2016
You may go thru the comments of Mr. Barman, carefully.
If you the evidence of nexus and corruption then if you have the urge, resolve and resource etc to expose, attempt.
Suggestions have been made by experts.
The corruption has been exposed in the past.
Impeachment of Justice Sen was on media.
Commentary was on media.
Arguments of Advocate Arun Jaitely were worth listening.
We also came across another episode in media where a determined complainant pursued despite all odds and the judge jumped from 1st floor widow and was caught later in another city.
It is your call and your decision.
ASMITA
(Querist) 04 August 2016
Thank you all for your prompt response and help. I think i am now very clear on how to go ahead.
Guest
(Expert) 04 August 2016
You are welcome.
Kumar Doab
(Expert) 04 August 2016
You are welcome.
It is good to see that some authors do come back to thank the experts.
