High Court of Jammu and Kashmir has given a detailed analysis and conclusions (and limitations it has to implement the conclusions itself) on a 148-year old tradition in Jammu and Kashmir called as Darbar Move. More details here.Azra Ismail Vs UT of Jammu and Kashmir on 05 May 2020
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
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
Rajnesh saar tried to hide his true financial status and got caught. Supreme Court became hyper and is jumping to “framing guidelines on payment of maintenance in matrimonial matters“. One bad apple, screws other good apples too… And this was passed on Sep 11th, 2019…!!!
The next hearing is scheduled on 14th October, 2019Rajnesh Vs Neha and Anr on 11 September, 2019
Here is the earlier Bombay High Court Judgment.Rajnesh Vs Neha and Anr on 14 August, 2018
Find the Earlier SC reportable judgment here.
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
In this notification, Gauhati High Court notified that going forward A4 size white papers to be used in all judicial as well as official works in the High Court and Subordinate Courts under its jurisdiction from 1-March-2015 onwards.
Few guidelines are also issue:
- Maximum 26/27 lines be typed out in each sheet in 1.5 space in between the lines,
- Words in size 11 of Tahoma font,
- Margins 4 cm at top, 1cm below, 5 cm left and 2 cm right.
High Court at Gauhati Notification-06-02-2015
This judgment from hon’ble Supreme Court, held that the High Court cannot direct the police not to arrest the petitioners during the pendency of the investigation just because they pleaded to be innocents, especially when it held that it is not inclined to interfere on the ground that it was not appropriate to stay the investigation of the case.
The State Of Telangana Vs Habib Abdullah Jeelani & Ors on 6 January, 2017
It is a well-settled proposition of law what cannot be done directly, cannot be done indirectly.
Hon’ble Supreme Court in this order, has held that,
Ramgopal & Anr Vs State Of M.P.& Anr on 30 July, 2010
There are several offences under the IPC that are currently non-compoundable. These include offences punishable under Section 498-A, Section 326, etc. of the IPC. Some of such offence can be made compoundable by introducing a suitable amendment in the statute. We are of the opinion that the Law Commission of India could examine whether a suitable proposal can be sent to theUnion Government in this regard. Any such step would not only relieve the courts of the burden of deciding cases in which the aggrieved parties have themselves arrived at a settlement, but may also encourage the process of re-conciliation between them. We, accordingly, request the Law Commission and the Government of India to examine all these aspects and take such steps as may be considered feasible.
The Secretary General of this Court shall forthwith send a copy of this order to the Law Commission of India as well as to the Law Secretary to the Government of India. The Law Secretary is requested to place a copy of this order before the Hon’ble Minister of Law & Justice, Union of India.
A dear friend and fellow false-case fighter had gladly permitted me to post the following here.
Contact my friend on [email protected], for any questions or regarding the intentionally hidden 10th point.
Here I am providing some of the Recommended Guidelines to follow when fighting of our Cases. I have prepared these guidelines purely based upon my Experience. Not necessary to be applicable to everyone in our Group. But Its worth Reading Once.
1.Please make sure every court Date is a Productive and Progressive in the global view of all the Cases.
2.Please keep an eye on the Corruption happening regarding any of your cases in the Court and take necessary action immediately. For instance, sometimes your wife will not attend the Court Date but her presence will be marked as Attended which is illegal. So, in this case, you can always Question the court with a Memo.
3.Request the Court for Costing for any Delay Tactics played by the Opponent.
4.Please try to attend all the Court Dates by you or any Nominated person by you. This will help you to monitor all of your cases and build the Rapport with the Court Staff.
5.Apply for Certified copies on the same day for an important Milestone of all Cases. This will avoid any fraud chances (like replacing the Official Papers in the court before we get the Official Certified Copies) playing by the opponent.
6.Please request your Lawyer to let you know before he does anything in the court regarding your cases. Make sure he does the same in front of the Judge as he promised you.
7.If there is any action taken to be from our end in the court, don’t delay. Please file the necessary replies immediately without any Delay.
8.We can understand that most of the Matrimonial Disputes ends in Settlement out of the Court. Please request your Lawyer to not to push you for any out of Court Settlement. This will avoid the Lawyer to Collude with the Opponent and you can sense that in the Initial Stages of the Case if there is anything like that.
9.Avoid Contacting your Opponent in the court by any means. This will shut down the chances of filing the further cases against you by the opponent.
11.Read more judgements given by your Particular judge in his previous Judgements from his previous Courts and prepare the Drafting according to that.
12.As most of the Matrimonial Disputes contains only 15% Legal and the remaining 85% is of the Conspiracy plotted by your Knife, the System and her Lawyers. Make sure you Crack that Conspiracy First by following the Path of Dharma.
13.As we are fighting with Strong Evil forces, we will need Divine help in terms a Mentor or Guru who can save in our Crisis Time. So, Identify a Senior Most Lawyer in your Local Area and make him as a Good friend who can advise in each and every step of your cases. So, our aim is to get the advice from the top most Lawyer and execute the plans with a Lawyer who is Actually fighting your case. Don’t let all of your plans to the actual Lawyer in Advance. As per Chanakya, Secrecy is the Stepping Stone for our Success as part of our Strategy.
14.Sometimes, the Opponent will play the tactics that they would like to Compromise and Cry in front of you when they think that they are Losing the Game. So, please don’t feel proud for this and lose the game by yourself. Please remember that a Ghost will catch your head when it is Winning and the same will catch your leg when it is losing by shedding the Crocodile Tears in front of you. So, don’t trust the opponent unless until they come with the Proper Documentation to Sign the MOU.
15.The Most Important thing is to look after your Mental Health in this long running Trauma of life. So, do Yoga or Mediation or Move Ahead with a Girl Friend or any other areas of your life where you can find your happiness.