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Siva Pt   21 September 2022

JUDGE ON LEAVE

1.Is there any rule or law regarding what happens to the cases listed when judge is on leave?
2. I have seen in many courts bench clerk calls the case listed and tells the next hearing date do they have the right to do so?
3.on what basis they decide the next hearing date when judge is on leave?


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 2 Replies

Dr J C Vashista (Advocate)     22 September 2022

Originally posted by : Siva Pt

1.Is there any rule or law regarding what happens to the cases listed when judge is on leave?

2. I have seen in many courts bench clerk calls the case listed and tells the next hearing date do they have the right to do so?

3.on what basis they decide the next hearing date when judge is on leave?

What is actual problem and advise of your lawyer, if it not a time pass query ??

Real Soul.... (LEGAL)     22 September 2022

If the bench is not avaible, the clerks give routine next date to maintain the case listings and update orders; They write in the file as;
Presiding officer on leave the case is listed next on...... and the Principal Disst, judge sign the orders. 

That is routine i have seen many times such situation, But that is for just if the PO is on leave for few day or days; for long leave the Principal Dissst Judge assing the cases to any other court  until the court functions.If the clrek calls the case you can request you neasrest comfortable date ,,  

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