Delay in Passing Orders or Judgments After Reserving the Same Archives - Shades of Knife

State of Punjab Vs Jagdev Singh Talwandi on 16 Dec 1983

ShadesOfKnife — Thu, 14 Jan 2021 12:06:11 +0000

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 […]

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

ShadesOfKnife — Thu, 14 Jan 2021 11:49:28 +0000

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 […]

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Balaji Baliram Mupade Vs State of Maharashtra on 29 Oct 2020

ShadesOfKnife — Sun, 08 Nov 2020 10:48:52 +0000

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 […]

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

ShadesOfKnife — Mon, 20 Apr 2020 14:16:37 +0000

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

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

ShadesOfKnife — Wed, 26 Feb 2020 02:21:43 +0000

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

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Anil Rai Vs State of Bihar on 6 August 2001

ShadesOfKnife — Mon, 24 Feb 2020 14:15:35 +0000

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 […]

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

ShadesOfKnife — Mon, 09 Jul 2018 20:03:04 +0000

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 […]

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

ShadesOfKnife — Mon, 09 Jul 2018 19:47:43 +0000

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 […]

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