• How long a judgment can be reserved by a bench in a service matter

How long a judgment can be reserved by a bench of judges of high court bench in a  service matter of an individual? 
If it is two years and the respondent going for an appeal for this delayed verdict  hence  it prevents the petitioner from getting justice  in time? 
What's the remedy?
Asked 6 months ago in Constitutional Law from Madurai, Tamil Nadu
Two years is too long a time for getting an order kept reserved. One or two months is normal. But two year is beyond any explanation.
You must mention the matter to the particular judge so he gives verdict.
If not then you cna write to chief justice for this delayed verdict.
Unless verdict is given in high court, you can not go to supreme court.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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If the opponent goes to supreme court you would get a notice and then fight the appeal on merit.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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apex court in 2001 in Anil Rai vs State of Bihar had laid down clear guidelines relating to pronouncement of judgment. The SC had said, "Where a judgment is not pronounced within three months from the date of reserving the judgment, any of the parties in the case is permitted to file an application in the high court with a prayer for early judgment." The court had said such an application would be listed for hearing before the concerned judges within two days.
The SC had also said, "If the judgment, for any reason, is not pronounced within six months, any of the parties to the said list (case) 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 for the chief justice to grant the said prayer or to pass any order as he deems fit in the circumstances."
Ajay Sethi
Advocate, Mumbai
23389 Answers
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1) these days all orders passed by HC on various dates in particular case are available online 

2) you can visit HC website , take online search of  orders passed in your petition 
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
rely upon SC judgment cited by me and move Chief justice of HC if judgment is delayed 
Ajay Sethi
Advocate, Mumbai
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1229 Consultations
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Hi, You have to make an application in the High Court to pass the judgement as it was reserved for more then 2 years but it is purely discretionary of the Court.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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Justice K.T. Thomas and Justice R.P. Sethi began their judgment in Anil Rai v. State with the observation : "The magistrate who cannot find time to write judgment within reasonable time after hearing arguments ought not do any judicial work at all. This Court strongly disapproves the magistrates making such a tremendous delay in the delivery of his judgments." The Supreme Court in the above case strongly deprecated the practice of judges in 'reserving' judgments in matters and not pronouncing them for long periods of time. The Supreme Court laid down the following guidelines for the said purpose, which are enumerated hereinbelow;

i) The Chief Justices of the High Courts may issue appropriate directions to the Registry that in a 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 Justices 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 month.
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 judgment 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 he deems fit in the circumstances.


This is one of the ruling by the supreme court for the reserved judgments which is applicable to your case too, consult your advocate on this issue and take his advise on further process.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
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How to get the case hearing history and the related activity log officially fromm high court in a particular case?

You can click the following link for further details.


http://courtnic.nic.in/courtnic_chennai/default.aspx
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
Will the higher court consider the petitioner's grievance and expedite the case earlier if the delayed judgement is challenged in supreme Court?

The supreme court guide lines have been given in this regard which can be discussed with your advocate for follow up
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
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Is it possible that the petitioner and respondent are one and same only the respondent is by designation only mentioned even though  he is the petitioner also? If a judgment is pronounced in that scnerio  is it valid?

The question is confusing, devoid of details, no concrete opinion can be rendered on this issue.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
The verdict has been given by high court bench.  Now the opponents may go to supreme Court challenging  the verdict.

If the verdict is in your favor, you may have to defend the same before supreme court by filing a counter to the appeal filed by them in the supreme court.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
What is your actual grievance? If the HC has delivered the judgment the aggrieved party is free to assail it before the SC. If there is delay then you can always pray to the court for a speedy hearing. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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