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Tag: Anil Rai Vs State of Bihar

Balaji Baliram Mupade Vs State of Maharashtra on 29 Oct 2020

Posted on November 8, 2020 by ShadesOfKnife

Supreme Court, again, highlighted the need of delivering judgments at the earliest, as the “problem is compounded where the result is known but not the reasons.”

From Para 3,

3. Further, much later but still almost two decades ago, this Court in Anil Rai v. State of Bihar – 2001 (7) SCC 318 deemed it appropriate to provide some guidelines regarding the pronouncement of judgments, expecting them to be followed by all concerned under the mandate of this Court. It is not necessary to reproduce the directions except to state that normally the judgment is expected within two months of the conclusion of the arguments, and on expiry of three months any of the parties can file an application in the High Court with prayer for early judgment. If, for any reason, no judgment is pronounced for six months, any of the parties is entitled to move an application before the then Chief Justice of the High Court with a prayer to re-assign the case before another Bench for fresh arguments.

From Para 10,

10. We must note with regret that the counsel extended through various judicial pronouncements including the one referred to aforesaid appear to have been ignored, more importantly where oral orders are pronounced. In case of such orders, it is expected that they are either dictated in the Court or at least must follow immediately thereafter, to facilitate any aggrieved party to seek redressal from the higher Court. The delay in delivery of judgments has been observed to be a violation of Article 21 of the Constitution of India in Anil Rai’s case (supra) and as stated aforesaid, the problem gets aggravated when the operative portion is made available early and the reasons follow much later.

Balaji Baliram Mupade Vs State of Maharashtra on 29 Oct 2020

Citations :

Other Sources :

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Anil Rai Vs State of Bihar Article 21 - Protection of life and personal liberty Balaji Baliram Mupade Vs State of Maharashtra Catena of Landmark Judgments Referred/Cited to Delay in Passing Orders or Judgments After Reserving the Same Landmark Case Reportable Judgement or Order | Leave a comment

Y N Gupta (Deceased) Thr LR Vs MS M A Ramzana on 24 December 2019

Posted on February 26, 2020 by ShadesOfKnife

Basing on Landmark judgment here from Supreme Court, Delhi High Court has held that, it is impermissible for the Court to repeatedly adjourn cases for orders after arguments are heard.

Y N Gupta (Deceased) Thr LR Vs MS M A Ramzana on 24 December 2019

Citations: [

Other Source links: https://indiankanoon.org/doc/176452660/

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Anil Rai Vs State of Bihar Delay in Passing Orders or Judgments After Reserving the Same Y N Gupta (Deceased) Thr LR Vs MS M A Ramzana | Leave a comment

Anil Rai Vs State of Bihar on 6 August 2001

Posted on February 24, 2020 by ShadesOfKnife

Wonderful judgment from Supreme Court, which held that Repeated adjournment of matters ‘for orders‘ after arguments are heard is impermissible. Also passed the following Guidelines.

20. Under the prevalent circumstances in some of the High Courts, I feel it appropriate to provide some guidelines regarding the pronouncement of judgments which, I am sure, shall be followed by all concerned, being the mandate of this Court. Such guidelines, as for present, are as under:

(i) The Chief Justices of the High Courts may issue appropriate directions to the Registry that in 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 Justice 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 months.

(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 it, 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 deems fit in the circumstances.

21. We hope and trust that the above guidelines shall be strictly followed and implemented, considering them as self-imposed restraints.

Indiankanoon version:

Anil Rai Vs State of Bihar on 6 August 2001

Casemine version:

Anil Rai v. State of Bihar on 6 August 2001

Citations: [2002 BOMCR SC 3 360], [2009 ELT SC 233 13], [2001 AIR SC 3173], [2001 SCC 7 318], [2001 SCC CRI 1009], [2001 ALD CRI 2 446], [2001 ACR SC 3 2046], [2001 RCR CRIMINAL 3 722], [2001 JT SC 6 515], [2001 SCALE 5 41], [2001 BLJR 3 1777], [2001 SUPP SCR 1 298]

Other Source links: https://indiankanoon.org/doc/1517737/ or https://www.casemine.com/judgement/in/5609ad95e4b0149711411c30

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Anil Rai Vs State of Bihar Delay in Passing Orders or Judgments After Reserving the Same Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Not Authentic copy hence to be replaced Reportable Judgement or Order | Leave a comment

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