• Priority for Senior Citizens

Am a senior citizen settled in UK who had a car accident in India in 2002 .Lower court awarded inadequate compensation in 2016 and we have now appealed to High Court in 2017

As i am now 61 yrs of age, time is literally running out. I wish to appeal for priority hearing and my lawyer does not seem to be enthused with the idea of appealing to the High Court Judge on this basis

I wish to know whether it is worthwhile and how do we go abt it?
Asked 10 months ago in Civil Law from United Kingdom

You are a senior citizen you can make an application to the chief justice of high court for priority & early hearing of your case citing your age and other reasons.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

If you are getting very long dates in High Court you can file an application for urgent hearing on Grounds of your age.

Also, writ can be filed to get direction to try your case in a time bound manner.

Siddharth Jain
Advocate, New Delhi
4460 Answers
46 Consultations

5.0 on 5.0

You can seek expedited hearing of your appeal as you are a senior citizen

HC would grant you expedited hearing

Ajay Sethi
Advocate, Mumbai
63821 Answers
3881 Consultations

5.0 on 5.0

Hi,

You may ask for priority hearing on the basis of senior citizen and long time pendency of case. First mention this, in the trial court for fast track hearing and it not done, proceed to high court.

Ganesh Singh
Advocate, Delhi
2968 Answers
9 Consultations

4.5 on 5.0

1) There are some cases pending in the High Court, if you take the lower proceedings it took 14 years to come. One can try for fast track court procedure or Arbitrary procedure. For arbitration retired High Court judge are appointed.

Ganesh Kadam
Advocate, Pune
6881 Answers
57 Consultations

4.9 on 5.0

Hello,

An application has to be filed for listing the case under the case under the head of senior citizen. There are High chances that the case will then be taken up.

Regards

Anilesh Tewari
Advocate, New Delhi
16496 Answers
241 Consultations

5.0 on 5.0

Hello,

Change your lawyer and file a petition before the same bench to expedite the matter with cogent grounds, i think the case will be heard and disposed off speedily .

Regards

Swarupananda Neogi
Advocate, Kolkata
1019 Answers
2 Consultations

4.8 on 5.0

High Court take up the cases very quickly as you have already file petition against Lower court order this will be taken up in High Court quickly but it is dependent on the other party to respond this is worthless to ask for priority hearing that 61 years of age is not too old.

Vimlesh Prasad Mishra
Advocate, Lucknow
5124 Answers
14 Consultations

4.9 on 5.0

1. Your lawyer may not be enthused because he knows the ground reality i.e unwillingness of the court to allow early hearing applications unless heavens are to crash. There are thousands of people who are waiting in the serpentine queue to have their case adjudicated. So unless there is urgency of such nature that irreparable loss will be caused to the applicant the HC will not allow early hearing.

2. In the factual scenario of your case there is no ground made out for early hearing.

Ashish Davessar
Advocate, Jaipur
26033 Answers
763 Consultations

5.0 on 5.0

An Civil application for early hearing has to be filed on the ground of age but it is totally on high court to accept or reject same as first appeal since 1990 are pending before the high court. So you can try praying for early hearing.

Shubham Jhajharia
Advocate, Ahmedabad
17092 Answers
68 Consultations

5.0 on 5.0

Firslty, as per the information mentioned in the present query, makes it clear that you have been struggling with the litigation since long.

Secondly, yes Sir, there has been a provision of hearing for senior citizen in regular list of each High Court.

Thirdly, you may file an application before the same court for transferring your case under the category of Senior Citizen.

Sanjay Baniwal
Advocate, South Delhi
4511 Answers
9 Consultations

5.0 on 5.0

senior citizen matters are usually given priority by the Court

take a medical certificate from your medical practitioner duly signed and stamped and stating any particular age related medical condition which you suffer from which may increase the possibility or likelihood of your condition getting worse with time

give this to your lawyer

your lawyer simply has to move a court precipe and show this medical certificate and request court to urgently list your matter on board for hearing

Yusuf Rampurawala
Advocate, Mumbai
4161 Answers
19 Consultations

5.0 on 5.0

It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .

Mohammed Mujeeb
Advocate, Hyderabad
8459 Answers
3 Consultations

4.5 on 5.0

1. Indian Courts are over-burdened with scores of decade/s long pending cases. Court/s are not inclined to grant any special favor, for senior citizens, for early hearing in non-trial matters.

Hemant Agarwal
Advocate, Mumbai
2048 Answers
11 Consultations

5.0 on 5.0

hello

you must have come before the HC in the first appeal against the MACT. you should file an application before the CJ/senior judge stating that you are a senior citizen and a victim of an accident which happened way back in 2002. the judge will list your case in the appropriate court on a priority basis.

regards

Rahul Mishra
Advocate, Lucknow
3860 Answers
11 Consultations

5.0 on 5.0

You have to follow it up regularly through your lawyer.

If you feel that your lawyer is not cooperating and there is an inordinate delay, then you may change the lawyer and better continue the same through another lawyer.

In my opinion, the delay at high court appeal is normal and one cannot do anything about it.

T Kalaiselvan
Advocate, Vellore
53783 Answers
651 Consultations

5.0 on 5.0

1. You can file a petition before the Division Bench of the same High Court or the Supreme Court praying for a direction upon the concerned single bench of the said High Court to hear the matter and dispose it of within a fixed time frame of next 6 months.

2. Your Advocate has shown his non-enthusiasm in this matter since your application is expected to be rejected by the Appellate bench/Court since 61 years is not a very advance age with the back ground that there have been huge numbers of cases pending to be disposed of by the Courts all over India, some pending for more than 10 years and unaccounted nos. of cases involve litigants of age over 90 years.

Krishna Kishore Ganguly
Advocate, Kolkata
22156 Answers
575 Consultations

5.0 on 5.0

Dear sir,

Yes you have every right to appeal for priority hearing.

The following information may kindly be read.

Senior citizens can get priority hearing in courts

For the convenience of senior citizens, Bombay High Court has decided to give priority in its roster to the cases where at least one of the parties is above sixty years old, if such a request is made by the concerned party.

A circular issued on December 3, signed by the Registrar General of High court, says that Chief Justice and other Judges of the Bombay High Court, after have directed that precedence be given to the cases wherein senior citizens are involved.

“The Chief Justice and Judges have now directed that precedence be given by courts for hearing and final disposal of the cases wherein one of the parties has attained the age of sixty years and above,” it says.

This circular replaces a circular issued in 1999, whereby precedence was to be given to persons above 65.

“The courts may grant such an indulgence on written request,” added the circular.

The direction would be implemented at all the benches of the High Court and at the subordinate courts in the state.

Principal Judge of Bombay City Civil and Sessions court Shalini Phansalkar-Joshi has issued direction that the circular should be followed.

Netravathi Kalaskar
Advocate, Bangalore
2619 Answers
10 Consultations

5.0 on 5.0

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