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Tuesday, December 14, 2010

Reserving Judgment : Guidelines to Judges : Supreme Court

Justice K.T. Thomas
Justice K.T. Thomas and Justice R.P. Sethi began their judgment in Anil Rai v. State with the observation : "The magistrate who cannot find time to write judgment within reasonable time after hearing arguments ought not do any judicial work at all. This Court strongly disapproves the magistrates making such a tremendous delay in the delivery of his judgments." The Supreme Court in the above case strongly deprecated the practice of judges in 'reserving' judgments in matters and not pronouncing them for long periods of time. The Supreme Court laid down the following guidelines for the said purpose, which are enumerated hereinbelow;

i) The Chief Justices of the High Courts may issue appropriate directions to the Registry that in a case where the judgment is reserved and is pronounced later, a column be added in the judgment where, on the first page, after the cause-title date of reserving the judgment and date of pronouncing it be separately mentioned by the court officer concerned.
ii) That Chief Justices of the High Courts, on their administrative side, should direct the Court Officers/Readers of the various benches in the High Courts to furnish every month the list of cases in the matters where the judgments reserved are not pronounced within the period of that month.
iii) On noticing that after conclusion of the arguments the judgment is not pronounced within a period of two months the concerned Chief Justice shall draw the attention of the Bench concerned to the pending matter. The Chief Justice may also see the desirability of circulating the statement of such cases in which the judgments have not been pronounced within a period of six weeks from the date of conclusion of the arguments amongst the judges of the High Court for their information. Such communication be conveyed as confidential and in a sealed cover.
iv) Where a judgment is not pronounced within three months from the date of reserving judgment any of the parties in the case is permitted to file an application in the High Court with prayer for early judgment. Such application, as and when filed, shall be listed before the bench concerned within two days excluding the intervening holidays.
v) If the judgment, for any reason, is not pronounced within a period of six months any of the parties of the said lis shall be entitled to move an application before the Chief justice of the High Court with a prayer to withdraw the said case and to make it over to any other bench for fresh arguments. It is open to the Chief Justice to grant the said prayer or to pass any other order as he deems fit in the circumstances.

31 comments:

  1. This comment has been removed by the author.

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  2. Its all theory. Practically nothing happens. No lawyer wants to file the petition before judge for judgement as they feel it brings them in bad books before that judge. I can take example of my own case. My case no is fca 36/2009 & fca 37/2009 which is before the bench of Mr. N.V. Ramana and Mr. K.S.Appa rao. It is more than 3 months that arguments are over. It was for child custody and divorce. My child's school vacations have also started but no judgement. Tomorrow is the final working day in AP High court and there is no chance of judgement. After that vacations for 40 days and god only knows what benches will be after Vacations. If there is corruption in the systems in india, i dont mind to say it starts for judiciary and ends at judiciary. Every fellow in the system is corrupt. The case calling peon, the section officer, the bench clerk, the judges, the registrars.

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    1. I HAVE ALWAYS A BELIEF THAT "CORRUPTION START FROM COURT AND ALSO ENDS THERE" FROM CHILDHOOD AND STILL PERSIST IN ME. UNLESS JUDICIARY IS 100% CLEAN WE CAN NOT EXPECT SOUND SYSTEM. SOME PEOPLE SAY NOT ALL JUDGE ALL CORRUPT, BUT MY QUESTION IS WHY ONE JUDGE IS CORRUPT IN THE SYSTEM. WHY NOT OTHER TRY TO REMOVE IT FROM THE SYSTEM, WHY THEY WORKING WITH THEM AND SO ON

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  3. What Kumar said was correct. I have filed a WP in AP HC in Sep'11 and final argument was was over in Feb'12. Till this date July'12 the case is
    pending. Who will have guts to complaint to Chief Justice, as this will surely affect the merit and verdict of the case. Is any other best remedy is available. The case of against Govt. agency. Can anybody suggest best remedy, as no interim order also passed that caused huge financial loss.

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  4. Our case against amalgamation of Superintendents Gr.II and Gr.I as Superintendent in the pay scale of Rs.6500-250-10500 with retrospective effect from 1.1.1996 is pending announcement of judgement after reserving it for judgement before more than two months. We the petitioners Revenue staff and other parties viz Stenographers are eagerly waiting for the judgement. Can any body will come forward to take up the issue with the Chief Justice?

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  5. It is good thing that the matters concerning to the judiciary are appearing on the web. The Supreme Court, while high lighting the guide lines issued by the Supreme Court in Madhuri Patil for issuing caste certificate and verification thereof, opined in Dayaram that where there is vacuum in the statutory rules the Court has the right to issue guide lines. It is good sign that the Supreme Court has issued guide lines for delivering judgments within 3 months. However, since the judiciary is independent, it is afraid that the judges of the High Courts and Supreme Court too may not follow these guide lines. I feel that there should be guide lines for wrting the judgments also. Because most of the jusdgments are very difficult to understand as to what are the prayers and what are the judgments.

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  6. The instructions are only on papers. The Chief Justice of High Courts are not insisting the other judges to deliver the judgement then and there. In one case, the Madras High Court is taking mote than a year to deliver the judgement filed by a group of senior citizens regarding their promotions,eventhough the final arguments are over by 2012.This has caused much concern among the litigants and some members have even ended their life due to the delay in pronouncing the judgments. The delay in pronouncing the judgments makes the people to lose their faith in the judiciary.In order to enforce to pronounce judgments speedily, the Chief Justice of the Supreme Court should instruct the High courts to display the facts daily on the notice board and if pronouncing the judgments takes place for more than the stipulated period, the promotional opportunities of the judge concerned should be withheld. Will the present CJI do this?

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  7. There are civil court,high court,supreme court as well too much judgment experience in India,so no any matter to reserved any kinds of judgement too much long.There must should be a hard and fast law for the reserved judgment.

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  8. In madras high court it's very worst,there are few judges has not pronounced the judgement for more then 3years.there are several judgements not pronounced more then 1 year still pending pending inspire of many remembers also they never give any heed to it.esspecially Justice Manikumar ,Justce Tamilvannan specially and some more too.we come to court for remedy but when the judgements are delayed for more then 1year could lead us to loose faith in judicial officers. K T T

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    1. SOME OF MADRAS HIGH COURT JUDGES ARE VERY WORST

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    2. M.VENUGOPAL ALSO DELAY THE JUDGEMENTS

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  9. It is the same story in Delhi High Court. At first the Regular List cases for Defence Foce (Army, Navy and Air Force) Personnel were not heard. Then when heard the decisions have been reserved. It is more than 02 months decision is Awaited. Now who will dare to question the judge for the delay as rightly brought by PSN Kumar that any appeal would affect the judgement.

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  10. Some judges are doing it bcoz there is no accountabity. We helpless litigants can not chalenge those judges. They enjoying taxpayers money .god only can save us

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  11. MANAGEMENT OF HINDUSTAN TIMES LTD.versus AITA RAM and ORS Arguments heard. ON 27.05.2014 AND Judgment reserved ON 27.05.2014 BUT HAVE YET DID NOT pronounced JUDGEMENTdelhi high court EVEN REQUESTED JUDGE AUTHORITY REPLY ME WHAT SHOULD TO DO ?



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    1. MADRAS HIGH COURT IS VERY WORST. MY OWN CASE W.P 28998/2012 I AM SUPPITED RTI INFORMATION FROM TAMIL UNIVERSITY THANJAVUR,ANNAUNIVERSITY CHENNAI.CASE ABOUT ANSWER PROBLEM IN TNPSC GROUP 2.EXAM.UNIVERSITY GIVES CORRECT ANSWERS IN RTI .BUT JUDGES NOT ACCEPTED AND NEVER TELL JUDGEMENT MORE THAN FOUR MONTHS .GOD ONLY PUNISH THE CORRUPTED CRIMINAL JUDGES




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    2. Our case is also reserve by the Delhi High Court. Judges have all facilities. After this is output of judges. A Court Case relates to Tata Camlot housing, Chandigarh pending from 3 years in Delhi High Court. On 09.10.2015 all arguments were completed and judgement will be announced. But on 09.10.2015, Hon'ble Court kept pending the judgment and reserved it. Since then(09.10.2015) we are waiting for announcement of judgement. By kept pending this judgement. we are waiting for announcement of judgement which is kept pending by the Hon'ble Delhi High Court since 09.10.2015 after lapsing of 1 year and 2 months as on 01.12.2016.
      Is it right ????

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  12. The reason for delay is that there is no accountability for the judges . Though statues prescribe time limit for disposal of cases seldom it is followed. speedy disposal is only on paper and not in practicse. The court pulls up officers for not complying with the orders of the court within the time stipulated by the court but it never follows what it preaches. The reason for the malady is flaw in the selection process of judges and steady deterioration in the quality of judges (be it from lawyers and judges) Sooner the Judicial commission is put in in place it is better for the judiciary. Otherwise not only several Kar nans but also Kamsans and Duriyodhnans will dominate Judiciary.

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  13. Not Delhi, Madras, bangalore the total india judiciary system is the same. The law minister also does not have guts to improve the system. There should come some private bodies to handle such things only then it can improve. Judges keep collecting cases and finally they say there are lot of pending cases. cases lack of evidence should be barred and immediate judgement system should be bought. There should a solid body and time frame for each case with a probation period of time liness to solve cases.

    I cant see its happening

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  14. http://www.supremecourt.gov.pk/web/user_files/File/C.A._1646_2000.pdf

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  15. All the rules are meant only for law abiding citizens, but judges seem to be free from any rules. I had filed a case for chq bounce, the judge gave 100 days for summons, again since summons were not receievd another 100 days, then when i personally got the summons served, the the opp partys lawyer filed an personall exemtion petition. Another date this time 85 days. Isnt this clear oppurtunity for the culprit to escape?. The same client was not paying rent. After all court proceedings, the judge didnt get time to provide judgement after 4 months, but kept on giving dates. My lawyer says if matter taken to higher courts then judgement may be unfavourable. so no option.

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  16. All the contents you mentioned in post are too good and can be very useful. I will keep it in mind, thanks for sharing the information keep updating, looking forward for more posts. fast bail bonds kalamazoo mi

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  17. Why is that every common man who want to fight against crime against him has to tolerate the late judiciary system. There are not even some few cases in which Judge has pronounced the judgement to the satisfaction of time frame. All cases are being collected for Judgement and then long wait to pass the orders. The Judges says there are lot of pending cases.

    In other country if cases are not closed with in 6 month the lawyer can file suit that Judge is incapable of solving the case. Here Judges takes 6 months or even more to just past judgement orders.

    My case also same level of high level torture by law and order and i find not even a single move by Law minister to improve people problems.

    My case was between me and tenant who was not paying rent on time and high level torture.

    As there was Arbitration clause see my story .

    1. I sent notice to tenant and recommended his a arbitrator to solve our issue but tenant did not reply for 3 months so i had to approach high court to appoint arbitrator.
    2. Only chief Justice is eligible to appoint a arbitrator and he decides case only on Friday do not know why is that so.
    3. After 2 months following every Friday atlast my arbitrator was appointed and and we were happy that now things will move forward but bad luck the appointed arbitrator was not interested in the case and he did not reply for 2 months.
    4. After 2 months again we approched the chief justice to appoint an alternate substitute for current arbitrator but chief justice who took agaoin 2 months to see our file again sent notice to old arbitrator to reply on the case which we did not get again.
    5. Waiting 1 month we again approach the chief justice to find alternative and the file again took 2 month to reach chief Justice and he decided to provide the alternate arbitrator to us and appoint.

    So after 1 year time our arbitrator was appointed and then we though now things will move faster as high court chief justice has notified the arbitrator to solve the case in 3 months.

    The game is not over yet being in litigation arbitrator has fixed dates in short term and the case which should be closed in 3 months took 6 months for complete arguments from both parties and height is the counter lawyer knew his case was weak so only drama he could do is just delay the things using all loop poles in law and 70% of times in counter he did not even come only his assitance comes for begging dates.

    Our bad luck or our system is so the arbitrator after completing both sides counter took 6 months to pass the judgement and that to only valid reply he gave was sorry guys for delay and when question he said he has 2 year or more time also to pass judgement. This is our arbitration friend country in India.

    So story does not end here my friend next move after orders are passed by arbitration the other party can approach civil court challenging the order passed by arbitration is full of mistakes by taking simple mistakes and same old story which has no material facts in it.

    Waiting 3 months my tenant filed appeal in civil court for order passed by arbitrator is full of faults with out any material facts only to pull the dates. though its 3 years with out rent i am tolerating the law and order paying all fees and cant even recover single rupee from the tenant as i cant force him for any things later the amounts will get in lacks he will say i dont have money cant pay and court will give him time upon time.

    Why is that only suffer should suffer as per law. Our legal system says to all department that do work in time or you will be punished then why they dont abide by law and order why there are no rules and regulation for law and order. when we are paying heavy taxes for this kind of law and system.

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  18. Hello fr Please guide me
    I am wrongful dismissal from Union Bank of India & filled my case(WP 34889/2012)Hearing given on 08.09.2014 & 06.03.2016 but hearing not conducted.I come to know that bribe amount is expected even my case come to hearing.I will retire on 30.06.2016.So I feel Justice may look my case or after my retirement or after my DEATH.THIS IS MY FATE.NO OTHER WAY I INFORMED IN FACE BOOK & WHATSAPP

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  19. Our cases arguements completed in nov 2015 at a.p.tribunal.in some of cases he delivered his judgements with ina week after final hearing.but our cases related same matter.it is not giving frm 16of nov 2015.how we request judge to persue our issue
    Is there any chance to complaint to higher courts againest him.if we complaint how he reacts.is it shoows any negetive impact on our judgement.it is our life matter.but courts dont have seriousness about public life.

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  20. We have applied for the post of development officer in Lic in Gujarat state but some DSA(direct sales agent) filed case to appoint them as Development officer instead of us in high court which is senseless as they contract basis employees and their contract is going to be completed. We candidates have taken exam and interview waiting for final results but the case is pending from last six months and it is kept for cav on 1st April 2016. Now we are eagerly waiting for judgement everyday but don't know when it will be given by HC..kindly suggest us what to do for earliest judgement and how long it will expected to be given by HC.

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  21. It is extremely apalling and shocking too. for reserving the judgement for an inordinate period. I believe there has to be al aw in this regard to enforce the judiciary to deliver the judgement within 6 weeks of the concluded arguments. This whimsical and KING CAN DO NO WRONG attitude donned by the Judges should be resisted and a new law needs to be brought in. Delayed Judgement or reserved Judgement plants suspicion in the minds of the litigants and the seat of Justice which is the seat of God gets to be sullied and also speaks about the incompetence of the concerned Judge too.

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  22. It is extremely apalling and shocking too. for reserving the judgement for an inordinate period. I believe there has to be al aw in this regard to enforce the judiciary to deliver the judgement within 6 weeks of the concluded arguments. This whimsical and KING CAN DO NO WRONG attitude donned by the Judges should be resisted and a new law needs to be brought in. Delayed Judgement or reserved Judgement plants suspicion in the minds of the litigants and the seat of Justice which is the seat of God gets to be sullied and also speaks about the incompetence of the concerned Judge too.

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  23. My query is how much time is it normal to take between reserving and declaring a judgement at the High Court Level? What can be the maximum time, surpassing which we can appeal to the higher level of judiciary for the verdict? Is it still 6 months, or has it been lowered down to 3 months?
    Is there any procedure to approach the supreme court in an urgent matter case where hight court has heard the case on urgent matter.my case had gone in lawazima process,but court has reserved the order and after 3 day psc exam has started,even i put the earlier judgement made by the supreme court in Andhra pradesh psc case.but not taken cognisence by court.plzzz reply me by suggesting the way what i should do at this point of time.

    ReplyDelete
    Replies
    1. Plzz reply me on mdshakeel91@gmail.com

      Delete
    2. Plzz reply me on mdshakeel91@gmail.com

      Delete

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