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Sanjoy Paul   26 May 2020

Court hearing during Covid-19

Sir/Madam,
If you could clarify how the hearing date will impact during lockdown, for example if one hearing was during Apr-20, and due to lockdown and as per bar council notice court wasn't open during lockdown. Now after May-20, when lockdown is over, how new date would be assigned for old hearing given during Apr-20?
Would anyone be able to delay further after getting a new date after lockdown showing current scenario?
Would be glad, if you could clarify in context of Kolkata court.


Thanks in advance!


Learning

 2 Replies

KISHAN DUTT KALASKAR (Advocate)     26 May 2020

Dear Sir,

It is not charity the judiciary must work 24x7

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Karnataka Case Flow Management Rules

https://www.judicialreforms.in/forums/showthread.php?tid=63

SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.

The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.


It divides cases into four tracks. 

Disposal in 9 months:

In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.

Disposal in 12 months:

In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.


Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights. 

Disposal in 24 months:

Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier. 

The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.

The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.

https://www.judicialreforms.in/forums/showthread.php?tid=63

 

Sanjoy Paul   27 May 2020

Thanks for your response Sir.
It would be great if you could also share any such news for West Bengal , Kolkata.

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