Q.1. Why the cases of the Counsels who have been granted adjustment are getting listed?
Ans. A suitable computer programme is under trial to delist the cases of adjusted lawyers. During the trial phase, due to technical reasons, few cases of adjusted lawyers are listed. At present, to avoid listing of cases of adjusted lawyers, efforts are also being made to manually search and drop the cases of adjusted lawyers from the list. In addition, a list is appended to the cause list of adjusted counsel alongwith dates of their adjustments. However, it being transition phase, some times, few cases are wrongly listed inspite of our best efforts. Registrar (I.T.) has prepared a software to link the cases of lawyers with their registration number so that their cases are identified by the Computer Programme. The lawyers are requested to update the requisite information in the prescribed format. This problem is likely to be fully solved soon by having above software programme to link the cases of lawyers with their registration number.
Q.2. When will final hearing of the cases start?
Ans. Final hearing of cases in all the three Benches has already commenced.
Q.3. When the cases in which application for urgent hearing has been filed will be listed?
Ans. At present, urgent hearing applications are being filed in large number. Therefore, all such applications cannot be listed at the same time before the Hon’ble Court. These applications are listed before the Hon’ble Court in suitable number per day as per their turn. Listing of such cases will be done on direction from the Hon’ble Court. However, in most urgent case, parties may mention before the Hon’ble Court.
Q.4. How “Not Reached” cases will be listed?
Ans. Except bail matters, not reached cases pertaining to fresh admission category will be listed in the following week and bail matters will be listed after one day. Not reached (after notice) matters will be listed after six weeks from the date of listing.
Q.5. Why the not reached cases are listed in the lower order in the cause list of following week than the serial number of the previous week?
Ans. As per Computer Programme, not reached fresh admission cases (except bail matters & after notice matters)of all the Hon’ble Benches are listed in the following week in the main list in chronological ascending order from the date of institution. Generally, not reached cases in the following week are in the top order but their actual placement in the cause list depends on their date of institution in comparison to that of other not reached cases. As such, in some cases they may be placed lower in order.
Q.6. Why cases are listed in large numbers?
Ans. With a view to complete the current drive of hearing of pre-admission matters as early as possible, more cases are being listed before the Hon’ble Benches. The idea is to list such cases at least once before the Hon’ble Court so that each case has a date for future hearing.
Q.7. How bail application of different accused persons in same crime number of a Police Station will be listed before Hon’ble Court under the new scheme?
Ans. Bail applications filed by different accused persons in same crime number of the Police Station will be listed before the same Hon’ble Judge, who heard the first bail application in that crime number subject to availability of the Hon’ble Judge. In fresh cases, this has already been introduced and in old cases, Dealing Assistants are directed to update such cases with the computer programme.
Q.8. Whether the case in which default has been removed before listing of that particular case under caption “Common Conditional Order” will be listed before returnable date?
Ans. If due to inadvertence on the part of the office, freshly filed case is wrongly listed under caption “Common Conditional Order” even though, the default pointed out was already removed before listing the case, if the same is brought to the notice of the Registrar (J-II), such cases, after verification, will be listed under appropriate caption before the Hon’ble Court.
Q.9. Why listing of Second Bail Applications before the same Judge who heard the First Bail Application is taking time?
Ans. Second Bail Applications are to be listed before the same Hon’ble Judge who heard the First Bail Application, being tied up matter. In order to avoid delay in listing of second applications, a Computer Programme is being perfected and till then manual listing of Second Bail Application is done. Hence, sometimes delay occur. But once the listing of second application is done by the Computer programme, the entire process shall stand streamlined and there shall be no delay in listing of second bail application.
Q.10. Why Review Petitions and MCC tied up to a particular Hon’ble Judge are being listed before another Bench.
Ans. In freshly filed cases, as proper entries in new software are made, therefore, they are listed before the particular Hon’ble Judge. But in old cases the updation work is in progress, hence some time cases are being wrongly listed.
Q.11. When ‘After Notice matters’ will be listed?
Ans. After Notice matters of Pre Admission Stage will be listed on the assigned returnable date. After notice matters, which are once listed and could not be reached, will be listed after six weeks.
Q.12. Which cases are listed under the head “Top of the List” ?
Ans. Under the head “Top of the List” those cases are listed, which the Hon’ble Court has directed to be listed under this caption, being the matter of prime importance and which should be given precedence over all other matters.
Q.13. Which cases are listed under the head “Common Conditional Orders” and why large number of cases are listed under this head ?
Ans. Under head “Common Conditional Orders” now ‘Common Order,’ cases pertaining to default are listed and by Common Order, the large number of cases listed under this head are dealt by one common order. At present up to 300 cases are being listed under the “Common Conditional Order” and a proposed order with returnable dates is given and hearing of these cases is finished within five minutes. This saves very valuable and precious time of the Court and Hon’ble Courts can give effective hearing to the matters in order of precedence. This is the very scientifically designed scheme to list cases methodically in a scientific manner and utilising precious time of the Court.
Q.14. Which cases are listed under the head “Settlement” ?
Ans. Under “Settlement” head, those cases are listed in which parties have filed compromise applications and these cases are decided by the Hon’ble Courts within no time.
Q.15. Which cases are listed under the head “Direction Matters” ?
Ans. Under caption, “Direction Matters” the cases are listed in which Hon’ble Courts have to give directions or those cases, which requires directions from the Hon’ble Court in respect of certain matters. These cases are also dealt within a short span of time.
Q.16. Which cases are listed under the head “Personal Appearance” ?
Ans. Under head “Personal Appearance”, those cases are listed in which parties are to appear before the Hon’ble Court and after recording their appearance, the parties may leave and they are not made to wait for the whole day and thus saves their time.
Q.17. Which cases are listed under the head “Orders” ?
Ans. . Under caption ‘Orders,’ Interlocutory Applications are listed. Applications in cases which are admitted but unready for final hearing are also listed under this caption.
Q.18. Which cases are listed under the head “Fresh for Admission” ?
Ans. Under head “Fresh for Admission”, freshly filed cases are listed and freshly filed cases, which remain “Not Reached”, are listed in the next week. The cases in which notices are not issued and which are not admitted are treated as fresh cases.
Q.19. Which cases are listed under the head “After Notice Matters” why listing of these cases is taking time ?
Ans. Under head “After Notice Matters” the cases in which notice has been issued but the case is not admitted are listed, due to heavy rush of fresh filing, these After Notice Matters are not being listed in the next week but are listed after 4-6 weeks because fresh for admission cases have precedence over these matters.
Q.20. Which cases are listed under the head “Final Disposal at Admission Stage” and whether there is any departure from the previous system/rules ?
Ans. In “Final Disposal at Admission Stage” category those cases in which Hon’ble Court is of the view that by a short hearing the case can be disposed of, such cases are listed in the Motion Hearing list under this caption. Erstwhile the cases where Hon’ble Courts were of the view that admitting the case will prolong the disposal of the case as they will be listed after number of years as per their turn because of the huge pendency of Final Hearing matters, practice was not to admit such case but issue notice and after respondent appeared, the cases were heard and finally disposed of. That concept is not done away with rather given a place in the scheme also and such cases can be listed and disposed of and these cases find place in everyday Motion Hearing list of cases.