• Die-in-herness matter

Die-in-herness matter - Single Bench of the High Court of Tripura dismissed Writ petition - Division Bench of the same High Court allowed Writ Petition in Writ Appeal - Respondents filed Review Petition which was dismissed by the Division Bench of the same High Court - Thereafter Respondents filed Petition vide Case Diary No. 10680 of 2020 on 20.03.2020 which is shown under defect list valid for 90 days till 04.08.2020. How long a petition with diary number can be under scrutiny ?
Asked 3 years ago in Constitutional Law

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

18 Answers

There must be some office objections raised by registry which have not been removed 

 

your lawyer has to remove the office objections then only would writ be numbered 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Diary number given is number given on filing of writ 

 

after removal of office objections petition is finally numbered 

 

in other words new number is given by registry 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

New number is given by registry 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You have to make application for circulation of your matter before the bench which is assigned to hear the subject matter. 

Your matter is before High Court or Supreme Court. 

SLP is moved before Supreme Court. 

removal of objection takes maximum one week whether Supreme Court or High Court.

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

- As per rule. when a Petition is filed in the High or Supreme Court, then they issue a Diary Number for having filed the case , which is temporary number.

- Further , if there is any defect in the petition filing then one has to remove the said defects within a maximum period of 90 days.

- Further , if not approach to remove the said defects within this limitation , then the petitioner has to file petition afresh. generally the defects will be removed and the case will be refiled.

- Further, after removing the defects of filing., the petition has to be refiled in the registry.

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

A defective case is listed for a limited period and after that the petition is dismissed.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

It can be that the defects have been removed.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

THE TRIPURA STATE ELECTRICITY CORPORATION LIMITED
  CHAIRMAN CUM MANAGING DIRECTOR BIDYUT BHAVAN, NORTH BANAMALIPUR, AGARTALA ,WEST TRIPURA , TRIPURA

  2 THE CHAIRMAN CUM MANAGING DIRECTOR TRIPURA STATE ELECTRICITY CORPORATION LIMITED, TRIPURA
  THE CHAIRMAN CUM MANAGING DIRECTOR BIDYUT BHAVAN, NORTH BANAMALIPUR, , DISTRICT: AGARTALA ,WEST TRIPURA , TRIPURA

Respondent(s)

  1 SUBASH SARKAR S/D/W/Thru:- LATE MANINDRA SARKAR
  VILLAGE-LEBACHERRA, DAS PARA, P.O. JATANBARI, P.S. NATUNBAZAR ,SOUTH TRIPURA , TRIPURA

  2 THE STATE OF TRIPURA REPRESENTED BY THE SECRETARY DEPARTMENT OF POWER
  REPRESENTED BY THE SECRETARY NEW SECRETARIAT COMPLEX, GOVERNMENT OF TRIPURA, KHEJUR BAGAN, PO KUNJABAN , DISTRICT: P.S. NEW CAPITAL COMPLEX ,WEST TRIPURA , TRIPURA

  3 THE PRINCIPAL SECRETARY DEPARTMENT OF FINANCE
  THE PRINCIPAL SECRETARY GOVERNMENT OF TRIPURA, NEW SECRETARIAT COMPLEX, KHUJURBAGAN, PO KUNJABAN , DISTRICT: P.S. NEW CAPITAL COMPLEX ,WEST TRIPURA , TRIPURA


This is still a defective case. Defects haven't been removed.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

As long as defect is not cured it remains in the defect list 

Due to lockdown there is no restraint in not not curing the defect. 

Since the liability to cure the defect lies on appellant the Respondent has no say in it.

Since no stay is in force contempt petition can be filed in high court for execution of the order. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Till defect not removed, petition will not list. Maximum time 90 days and In case the party fails to cure the defects till 90 days the matter shall be listed in the following week before the Hon'ble Judge in Chambers.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Once the writ is dismissed then the remedy is SLP in SC in the said matter. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Hello, 

If the same is shown under the defect list then that means that there are certain defects in the file which are required to be removed within 90 days. 

if the defects are not removed within the said time then the application will have to be filed before the registrar to get permission for removing the defect. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Diary number will remain the same throughout 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1. What relief have the respondents claimed in their Petition vide Case Diary No. 10680 of 2020?

2. Due to the fact that courts across the country are taking up urgent matters only the scrutiny of petition may not have been completed and it may remain in this state as long as the High Court of Tripura functions in the restrictive mode.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Due to current national lock down situation, you cannot expect the court to function in the normal manner.

If there was no representation from either of the side on the date of last hearing i.e., on 04.08.2020, then the court may adjourn the matter to next date of hearing.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

The defects is allowed to be removed and the SLP is being numbered or not will depend on both sides representing the matter on the date of hearing, if there is no representation from either of the side, then the court may adjourn the matter automatically to next date without taking any action on it.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

The fate of the referred case diary will remain same as it was on the date of last date of hearing if there was no representation.

Since this is not a very urgent matter, the court will not pass any orders on its own without hearing both the parties.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

In this covid situation it will take some time.

Regards

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer