It would depend upon when HC directs reopening of courts in your state
2) your lawyer has to make out a case for Vistula hearing
3) it should reopen by august
4) you can file application to vacate stay
My case is pending in high court for the past 5 months. I was hoping the reopening of court by june but it never happened and people are saying that till corono VIRUS issue ends the courts and educational institutions will not function. I requested my lawyer to have a virtual hearing but he disagreed saying that only important cases will be taken by courts for virtual hearing . 1. When will the court reopen ? 2. How can I request the court to consider my case for virtual hearing as it has been 5 months? 3.If the court doesn't reopen for another 1.5 to 2 years what shall I do ? 4. The courts says that new petitions can be filed . Can I file a vacate stay petition ?
It would depend upon when HC directs reopening of courts in your state
2) your lawyer has to make out a case for Vistula hearing
3) it should reopen by august
4) you can file application to vacate stay
1. There is no news as yet on reopening of courts anytime soon.
2. Though virtual hearing is permitted that is mostly for new cases with utmost urgency. Unless your case is of extreme urgency the court is not going to allow hearing through video conferencing.
3. Have patience. You are in the group of millions of similar litigants.
4. Yes.
- The Supreme Court has issued guidelines for the functioning of courts through video conferencing during the COVID-19 pandemic, specially for urgent matters.
- Further, Under Articles 142 of the Constitution of India:, the Supreme Court issued directions to establish the guidelines for the effective working of the Courts through video conferencing during the COVID-19 lockdown, like
a. The District Courts in each State shall adopt the mode of Video Conferencing prescribed by the concerned High Court.
b. The Court shall duly notify and make available the facilities for video conferencing for such litigants who do not have the means or access to video conferencing facilities.
c. If necessary, in appropriate cases courts may appoint amicus-curiae and make video conferencing facilities available to such an advocate.
- Hence, even during the lockdown , you can move an application for hearing on urgent basis or can prayed thereby to listen your matter on priority basis.
- However, during the lock down, Interesting cases have come up for hearing in high courts and the Supreme like , a Kerala resident N Prakash moved the high court via video conferencing on April 4 seeking permission to travel for purchasing food for his cats and further High Court heard him via video conferencing on April 6 and allowed his plea noting that animals also have the right to life as laid down in a 2014 Supreme Court judgement and refereed to Constitution’s article 51 A (g), which says it shall be the duty of every citizen to protect forests, lakes, rivers and wildlife, and to have compassion for living creatures.
1. Expected to reopen from 1st July, but High court not before 15 July,2020
2. You should move an application before the registry of High court to treat the matter as urgent .
3. No possible so long period
4. Yes, you can file
You have not specified the facts of the case and the court in which it is pending.
Regards
G.Rajaganapathy
High Court of Madras
Dear Querist
as per the information provided by you, my opinion on your queries are as under:-
1. It is uncertain that when will the court reopen for regular hearing due to COVID-19.
2. You may file an application before the court with the reason of urgency and if the court thinks fit and proper and consider that your case is an urgent case then the court may allow your application and matter will be heard through the virtual management system.
3. Nobody says about this.
4. You may file an urgent application for the vacation/revocation of stay order before the High Court which is urgent nature's application.
Feel Free to Call
1. It is uncertain when the courts would reopen and moreover the speculated dates of reopening differ from state to state. As of now your guess is as good as mine.
2. Step into the shoes of the HC Registry. If you think your case would be considered as urgent by then you can request by filing an application stating the reason of urgency.
3. It won't be closed for so long. If that happens, the court might extend the virtual hearings to non-urgent cases too.
4. Yes you can file an application to vacate the stay if you think you have strong grounds for the same.
1. It cannot be ascertained owing to the present critical situation.
2. You will not be entertained by court, it's not a problem particularly to you, it is a common problem, you may have to wait for some more time.
3. Don't lose your hopes, the courts will start functioning in another two to three months.
4. You can very well do it.
Hello,
Yes, only in favor of social society related cases are taken by court for hearing in virtual court as of now and that also are too limited.
Next decision will take on 29th June. But rare possibility of full functioning of court and only urgent cases.
You or your advocate can give urgency letter to registry to list your case.
Court may resume soon. Wont take years. 1 more month may be.
Stay will vacate in appeal only.
MAY be from 1st July, chances are very very less..what kind of case is pending, certain states have increased the limit of emergency cases.
If courts are shut form 1.5 or 2 years than this Country will collapse. So don't worry thats not going to happen.
Stay Process is among the emergency cases. Go ahead
Yes you do have right to move in your matter before High Court via virtual Court stating reason for urgent hearing. If you convince the Court for urgent action in your case is justified then High Court may allow you for urgent hearing whether you are Respondent or Petitioner doesn't matter .
Even you may take your matter for urgent hearing stating the reason for vacating the interim order in the same petition, No need to file fresh one.
Dear Sir,
You have not mentioned as to whether there is any stay order in the court. If not, then you may file the petition for early hearing.
If your case is important then it can be heard by the court. If the opposite party has taken a stay you may file for vacating the stay order but only if the court hasn't extended the stay orders as the high courts have done in other states.
1. It depends on the govt decision
2. You need to make out a case of urgent nature
3. There is no other alternative.
4. Yes you can file
1) It is very uncertain as to reopening of courts.
It could be based on directions of Supreme Court and High Court of TN, chances of opening shortly is remote.
2) Through your lawyer, make a request for virtual hearing.
3) It may not last that long, the courts may open, hopefully, by September / October, 2020.
If you can show urgency the court may consider and give Virtual Hearing.
4) Why are you waiting. If stay is there, immediately you file Vacate Stay Petition and push for hearing.
1. depend upon Highcourt direction.
2. it would hear only urgent matters.
3. as per my knowledge court will be reopen in August or September..
4.yes you can file
In view of the prevailing Covid situation, no definite date of reopening and normal functioning of courts can be predicted by anyone. You may file a petition for vacation of stay through your local counsel.
1. Chances for reopening of court in near future are very low.
2. If your case is not of urgent basis then court will not consider your plea for hearing through video conferencing.
3. Court will open when the vaccine of COVID will become available or cases start lowering in India.
1. In some parts of the country the courts have either reopened or are on the verge of reopening. Rajasthan High Court is reopening from tomorrow to hear all kinds of cases as in pre-Covid era, but other High Courts have still not reopened. Only your local lawyer can tell when the High Court is going to reopen.
2. Don't go for virtual hearing unless there is urgency. Virtual hearing does not provide substantial justice.
3. If the scope of virtual hearing has been extended to include even non-urgent cases then nothing stops you from filing an application for stay vacation.