web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: Delay in Passing Orders or Judgments After Reserving the Same

State of Punjab Vs Jagdev Singh Talwandi on 16 Dec 1983

Posted on January 14, 2021 by ShadesOfKnife

A 5-judge Constitutional bench of Supreme Court deprecated the “practice increasingly adopted by the High Courts, of pronouncing the final order without a reasoned judgment“.

We would like to take this opportunity to point out that serious difficulties arise on account of the practice increasingly adopted by the High Courts, of pronouncing the final order without a reasoned judgment. It is desirable that the final order which the High Court intends to pass should not be announced until a reasoned judgment is ready for pronouncement. Suppose, for example, that a final order without a reasoned judgment is announced by the High Court that a house shall be demolished, or that the custody of a child shall be handed over to one parent as against the order, or that a person accused of a serious charge is acquitted, or that a statute is unconstitutional or, as in the instant case, that a detenu be released from detention. If the object of passing such orders is to ensure speedy compliance with them, that object is more often defeated by the aggrieved party filing a special leave petition in this Court against the order passed by the High Court. That places this Court in a predicament because, without the benefit of the reasoning of the High Court, it is difficult for this Court to allow the bare order to be implemented. The result inevitably is that the operation of the order passed by the High Court has to be stayed pending delivery of the reasoned judgment.
It may be thought that such orders are passed by this Court and therefore there is no reason why the High Courts should not do the same. We would like to point out respectfully that the orders passed by this Court are final and no appeal lies against them. The Supreme Court is the final Court in thehierarchy of our courts. Besides, orders without a reasoned judgment are passed by this Court very rarely, under exceptional circumstances. Orders passed by the High Court are subject to the appellate jurisdiction of this Court under Article 136 of the Constitution and other provisions of theconcerned statutes. We thought it necessary to make these observations in order that a practice which is not very desirable and which achieves no useful purpose may not grow out of its present
infancy.

State of Punjab Vs Jagdev Singh Talwandi on 16 Dec 1983

Indiankanoon version:

State of Punjab Vs Jagdev Singh Talwandi on 16 Dec 1983 (Indiankanoon)

Casemine version:

State of Punjab Vs Jagdev Singh Talwandi on 16 Dec 1983 (Casemine)

Citations : [1984 CRLJ SC 177], [1984 SCC 1 596], [1984 CRIMES SC 1 224], [1983 SCALE 2 942], [1984 SCC CRI 135], [1984 SCR 2 50], [1984 AIR SC 444]

Other Sources :

https://indiankanoon.org/doc/1158281/

https://www.casemine.com/judgement/in/5609ac0be4b014971140dde1#

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitiutional Bench Decision Delay in Passing Orders or Judgments After Reserving the Same Landmark Case Legal Procedure Explained - Interpretation of Statutes State of Punjab Vs Jagdev Singh Talwandi | Leave a comment

Oriental Insurance Co Ltd Vs Zaixhu Xie and Ors on 11 Dec 2020

Posted on January 14, 2021 by ShadesOfKnife

A 3-judge bench of Supreme Court cited an recent decision passed wherein it was held as follows:

We appreciate that the learned Judge may have delivered a number of judgments and dealt with many cases and in the interregnum period may have even faced some personal difficulty as set out in the report but that does not take away from the fact that the process which was required to be
followed as set out in the judicial pronouncements has not been followed in the present case. If a judgment cannot be delivered on the same date or immediately thereafter, logically the judgment ought to have been at least reserved to facilitate the Judge to pen down the order. Result of not doing so is that the appellant being the aggrieved party, is unable to avail of the legal remedy.
We have to follow the same course of action as in the judgment referred to aforesaid and thus set aside the impugned order and remit the matter back for reconsideration of the High Court on merits, uninfluenced by the reasons which have been set out in the impugned order.
Needless to say the matter would be taken up by a Bench not consisting of the member who constituted the bench earlier.

Oriental Insurance Co Ltd Vs Zaixhu Xie and Ors on 11 Dec 2020

Citations :

Other Sources :

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to Delay in Passing Orders or Judgments After Reserving the Same Oriental Insurance Co Ltd Vs Zaixhu Xie and Ors | Leave a comment

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

Sri Gunavenkataramane Gowda Vs Sri N S Vijayakumar on 28 March 2019

Posted on April 20, 2020 by ShadesOfKnife

Karnataka High Court held that, an application for recalling of NBW has to be disposed of on same day of filing same.

Sri Gunavenkataramane Gowda Vs Sri N S Vijayakumar on 28 March 2019

Citations: [2019 SCC ONLINE KAR 473]

Other Source links: https://indiankanoon.org/doc/95097297/ or https://www.casemine.com/judgement/in/5c9e48a29eff430a019b99ba

https://bangaloremirror.indiatimes.com/bangalore/others/recall-applications-should-be-heard-and-disposed-of-same-day/articleshow/68678246.cms


 

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged CrPC 200 - Examination Of Complainant Delay in Passing Orders or Judgments After Reserving the Same S138 of NI Act Sri Gunavenkataramane Gowda Vs Sri N S Vijayakumar | 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

Rabiya Bi Kassim M. Vs The Country Wide Consumer on 5 April, 2004

Posted on July 10, 2018 by ShadesOfKnife

In it held in this judgment from High Court of Karnataka that once arguments are completed and judgment is reserved for pronouncement for a future date, no new application of any nature can be allow by the Hon’ble Trial court.

The Sub-rule(4) of Order 18, Rule 2 reads as follows, that came into force in 1976 via Amendment Act, has been deleted via the CPC Amendment Act 1999, with effect from 1.7.2002

“(4) Notwithstanding anything contained in this Rule, the Court may, for reasons to be recorded, direct or permit any party to examine any witness at any stage”

 

Rabiya Bi Kassim M. vs The Country Wide Consumer on 5 April, 2004

The 1963 landmark judgment is here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged Delay in Passing Orders or Judgments After Reserving the Same Legal Procedure Explained - Interpretation of Statutes Rabiya Bi Kassim M. Vs The Country Wide Consumer | Leave a comment

Arjun Singh Vs Mohindra Kumar & Ors on 13 December, 1963

Posted on July 10, 2018 by ShadesOfKnife

The Hon’ble Apex Court has explained the following in this landmark judgment

  • ‘principle of res judicata’
  • difference between words “good cause” for nonappearance in O. IX, r. 7 and “sufficient cause” for the same purpose in O. IX, r. 13
  • ‘res judicata’ could be as much applicable to different stages of the same suit as to findings on issues in different suits.
  • If the entirety of the “hearing” of a suit has been completed and the Court being competent to pronounce judgment then and there, adjourns the suit merely for the purpose of pronouncing judgment under O. XX, r. 1, there is clearly no adjournment of “the hearing” of the suit, for there is nothing more to be heard in the suit.
  • ln the present context when once the hearing starts, the Code contemplates only two stages in the trial of the suit:
    • (1) Where the hearing is adjourned or
    • (2) where the hearing is completed. Where the hearing is completed the parties have no further rights or privileges in the matter and it is only for the convenience of the Court that O. XX, r. 1 permits judgment to be delivered after an interval after the hearing is completed.

 

Arjun Singh vs Mohindra Kumar & Ors on 13 December, 1963
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Arjun Singh Vs Mohindra Kumar and Ors Delay in Passing Orders or Judgments After Reserving the Same Ex Parte Order Landmark Case Legal Procedure Explained - Interpretation of Statutes | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Bijumon and Ors Vs The New India Assurance Co on 28 Feb 2023 March 9, 2023
  • Jai Prakash Tiwari Vs State of Madhya Pradesh on 04 Aug 2022 March 8, 2023
  • Ayush Mahendra Vs State of Telangana on 05 Jan 2021 March 8, 2023
  • Premchand Vs State of Maharashtra on 03 Mar 2023 March 8, 2023
  • Vibhor Garg Vs Neha March 5, 2023

Most Read Posts

  • Bar Council of India Vs Bonnie Foi Law College and Ors (1,192 views)
  • Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022 (1,139 views)
  • Sandeep Pamarati Vs State of AP and Anr on 29 Sep 2022 (Disposal of DVC in 60 days) (1,118 views)
  • Abbas Hatimbhai Kagalwala Vs The State of Maharashtra and Anr on 23 Aug 2022 (1,054 views)
  • XYZ Vs State of Madhya Pradesh and Ors on 05 Aug 2022 (918 views)
  • Mukesh Singh versus State of Uttar Pradesh on 30 Sep 2022 (803 views)
  • Joginder Singh Vs Rajwinder Kaur on 29 Oct 2022 (788 views)
  • Bar Council of India Vs Twinkle Rahul Mangaonkar and Ors on 02 Aug 2022 (666 views)
  • Ram Kumar Vs State of UP and Ors on 28 Sep 2022 (516 views)
  • Altaf Ahmad Zargar and Anr Vs Sana Alias Ruksana and Anr on 02 Sep 2022 (424 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (333)Reportable Judgement or Order (329)Landmark Case (318)2-Judge (Division) Bench Decision (268)Work-In-Progress Article (218)Catena of Landmark Judgments Referred/Cited to (217)1-Judge Bench Decision (151)Sandeep Pamarati (88)3-Judge (Full) Bench Decision (82)Article 21 - Protection of life and personal liberty (75)Issued or Recommended Guidelines or Directions or Protocols to be followed (53)Perjury Under 340 CrPC (53)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)CrPC 482 - Quash (38)Not Authentic copy hence to be replaced (35)Advocate Antics (34)Rules of the Act/Ordinance/Notification/Circular (33)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (639)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (299)High Court of Andhra Pradesh Judgment or Order or Notification (160)High Court of Delhi Judgment or Order or Notification (108)High Court of Bombay Judgment or Order or Notification (91)High Court of Karnataka Judgment or Order or Notification (66)General Study Material (54)High Court of Madras Judgment or Order or Notification (53)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)High Court of Punjab & Haryana Judgment or Order or Notification (45)Judicial Activism (for Public Benefit) (41)High Court of Allahabad Judgment or Order or Notification (40)District or Sessions or Magistrate Court Judgment or Order or Notification (38)High Court of Kerala Judgment or Order or Notification (31)High Court of Gujarat Judgment or Order or Notification (26)High Court of Madhya Pradesh Judgment or Order or Notification (25)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • ShadesOfKnife on Sanjay Bhardwaj and Ors Vs The State and Anr on 27 August 2010
  • G Reddeppa on Sanjay Bhardwaj and Ors Vs The State and Anr on 27 August 2010
  • ShadesOfKnife on Beena MS Vs Shino G Babu on 04 Feb 2022
  • Vincent on Beena MS Vs Shino G Babu on 04 Feb 2022
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • March 2023 (9)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • MAN (Manchester) on 2023-04-04 April 4, 2023
    THIS IS A SCHEDULED EVENT Apr 4, 00:30 - 06:30 UTCMar 23, 12:00 UTCScheduled - We will be performing scheduled maintenance in MAN (Manchester) datacenter on 2023-04-04 between 00:30 and 06:30 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • MIA (Miami) on 2023-03-31 March 31, 2023
    THIS IS A SCHEDULED EVENT Mar 31, 06:00 - 08:00 UTCMar 21, 19:01 UTCScheduled - We will be performing scheduled maintenance in MIA (Miami) datacenter on 2023-03-31 between 06:00 and 08:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • ICN (Seoul) on 2023-03-28 March 28, 2023
    THIS IS A SCHEDULED EVENT Mar 28, 17:00 - 23:00 UTCMar 21, 09:01 UTCScheduled - We will be performing scheduled maintenance in ICN (Seoul) datacenter on 2023-03-28 between 17:00 and 23:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]

RSS List of Spam Server IPs from Project Honeypot

  • 103.192.228.242 | SD March 22, 2023
    Event: Bad Event | Total: 18,542 | First: 2017-04-19 | Last: 2023-03-22
  • 103.20.11.183 | SD March 22, 2023
    Event: Bad Event | Total: 4,310 | First: 2017-01-11 | Last: 2023-03-22
  • 43.229.241.88 | SD March 22, 2023
    Event: Bad Event | Total: 1,476 | First: 2017-01-22 | Last: 2023-03-22
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 888 access attempts in the last 7 days.

pixel