Since july i have tried to get my writ petition mentioned at the high court in mumbai - they give dates and the judge remains absent - this happened thrice. the same drama has happened at the trial court as well.. the last time the case was mentioned and a date was given but on the night before the date, the case was not put on the "cause list" or the list that states the business of the court - when we inquired, we found out the court staff misplaced the papers!? now i have recieved a date from the court, but want to ensure it is heard on that date and not removed again .. what can i do ? is there any way by which i can obtain evidence from the court that the matter is listed for the coming date ? are there any safeguards by the high court to ensure matters given a date are not managed.. or judges dont club matters they would prefer to delay for any reason on a date and not come on that day ?
When court date given, if not list in regular cause list than in supplementary list it will list confirmly or will list for hearing on mentioning in court.
Not listing even on court date is - misconduct, staff can loose job if complained.
if you feels its managed, complaint to same judge in court on same day. or write to CJ.
You can check the cause list of the published in court's web site or from physical hard copy of the same available in court premises.
Check the site< clists.nic.in> , go to the particular high court and check for cause list date wise.
See you can take print out from the online status of matter and if in case there is any irregularity on next date mention before the court along with the print out , the court will order to search papers and hear matter same day.
your case would be heard depending upon whether it reaches or not
2) you can check the HC website for details it would reflect when your case would appear for hearing .
is there any law against audio or audio and video recording of court proceedings..
It shall be contempt of court don't even try to record or use phone in the court premises.
Don`t even think of, will land in jail for contempt.
You cannot do audio , video recordings of court proceedings
2)
In a major bid to ensure transparency, the Supreme Court favoured the installation of CCTV cameras with audio recording of all court proceedings including in its own complex along with those of the high courts and tribunals.
The top court observed that the constitutional courts in other countries have audio and video recording, as it is not a matter of privacy of judges.
3) The apex court, however, made it clear that the footage of the CCTV camera or the audio recording will not be made available under the Right to Information (RTI) Act and not supplied to anyone without permission of the concerned high court.
It is necessary to peruse order passed by HC to advice
you can file appeal in SC against impugned order
is necessary to peruse order passed by HC to advice
you can file appeal in SC against impugned order
is necessary to peruse order passed by HC to advice
you can file appeal in SC against impugned order
is necessary to peruse order passed by HC to advice
you can file appeal in SC against impugned order
is necessary to peruse order passed by HC to advice
you can file appeal in SC against impugned order
1. You can meet the court officer and ensure that the matter is indeed listed before the bench.
2. The court proceeding are not made to be recorded in video as yet.
3. The date if given is not expected to be missed unless the court remains absent in which none has got any control.
On the next date of hearing, you take a screen shot and appear before court and inform court that though the case was in the cause list, it is not being called and this has happened in the past also.
The court will enquire into the matter and let you know the result.
In the high court it may appear in the list but due to over load it may not reach for hearing.
You may put pressure through your advocate to submit an application to the registrar to bring it on the list shortly.
There is no provision in law to audio or video record the court proceedings by a litigant or anyone , it may be considered as an illegal act.
It can be termed as contempt of court.
The court proceedings in India are video recorded in certain cases only. ... It states that In-Camera proceedings shall be conducted in a case where the offence of Rape has been committed. The Section 22 of the Hindu Marriage Act. 1955 also gives the provision regarding In-Camera proceedings
Rest all proceedings are open to general public and anyone can witness them.
You need to mention the matter before chief justice and get it assigned on basis of emergency.
This happens a lot in High Court dur to several number of matters pending before the Court. You can file a Press free note in the High Court.
You should make application for urgent hearing of your case in high court.
High court have very high number of pending cases so this delay in hearing of case is normal in high court.
The case will be heard if it is listed unless the court cannot reach the serial no.
Your lawyer can file a listing application in the high court so that it is listed expeditiously and disposed.
Regards
Yes you can't record proceedings as it is illegal and you can be jailed for contempt.
Dear Sir,
Section 65(B) of Indian Evidence Act says that electronic records needs to be certified by a person occupying a responsible official position for being admissible as evidence in any court proceedings. ... Such party cannot be required to produce certificate under Section 65B(4) of the Evidence Act," the bench said
can i seek permission of the court to reThe trial court dismissed my application to introduce evidence stating i did not provide reason for delay in introducing the evidence when the reason as clearly spelt out orally and in writing was that i did not possess the evidence earlier. I filed a writ in high court to challeng the lower courts verdict and answered every legal and technical point possible.. but the judge started arguing for the respondent and stated that my original application was missing some details on the source of said evidence and the time period. all of these were submitted in writing during arguments at the trial court .. and explained in the writ petition also. However the original application was missing these details and the lower court did not rule based on technicality, and could have asked me to cure the deficiency but did not .. the high court judge pointed out the curable error but despite pleading to be allowed to cure the error - she denied it and said dismiss. what is best course of action now ..fight for a review in high court or supreme court or proceed now and later seek to introduce the said evidence in supreme court when the matter reaches there?
Details must have been in application. File appeal.
You may file a review petition before high court by giving the reasons and express the substantial reasons for your inability to produce the evidence in the initial stage.
You may to convince court with your reasons at least in the review petition.
High court can change the decision of Session or District courts based on the evidences and witnesses.You can also challenge same before SC.
See the said order can be challenged before the Supreme court your lawyer who has prepared and argued matter on merits shall be the best person to guide as he is aware of the merits of the case.
If it's criminal matter review is not maintainable. You need to challenge the same in SLP in SC
i am appealing a high court order and dont have enough money to afford a good lawyer in the supreme court. Can i file and argue my case on my own. ? Also if i need a advocate on record who will file and be on records... , would anyone please advise their names.
With the leave of court you can argue but appeal will file with the name of advocate on record. Minimum 5k AOR will charge.
You will find many.
Provision for Fighting One's Own Case as per Advocate's Act. Section 32 of the Advocate's Act clearly mentions, the court may allow any person to appear before it even if he is not an advocate. Therefore, one gets the statutory right to defend one's own case through Advocate Act in India
You are at liberty to argue case on your own if you cna wot afford legal fees
2) you can avail legal aid in SC if you cannot afford legal fees
Yes you can present your case as party in person also or you can hire a lawyer through fee legal aid services provide by the national legal services authority at supreme court.
For an advocate on records, you may have to find it yourself or choose anyone from this forum if available.
Yes you can draft and appear as party in person after taking certificate from registrar also you can take help from the legal aid team.
Yes you can file it by your own as well as approach legal aid too for assigning an advocate
What was the order passed by the trial judge? And why did the hc judge didn't listen to you???
File a case in the supreme court.
Enagge a pro bono advocate in the supreme court. You can also argue your case.