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Report No. 79

13.2. Position under Constitution (44th Amendment) Act.-

All this consumed considerable time and resulted in protracting the proceedings. The appropriate course to remedy such a situation appeared to be to provide for making of an oral application immediately after the judgment was pronounced by the High Court. The High Court would then pass an order of that application soon thereafter. The adoption of such a course would have obviated the necessity of issuing notice to the opposite party, because both parties already would have notice of the date on which the judgment is to be pronounced.

It would have also rendered unnecessary elaborate arguments, as the whole matter would be fresh in the mind of the court as well as of the counsel for the parties. The necessity for making a suggestion on the above lines is no longer there, as we find that according to the Constitution (Forty-fourth Amendment) Act, amendment have been made in Articles 132, 133 and 134, and a new Article 134A has been inserted. As a result of the above amendments and insertion, every High Court passing or making a judgment, decree, final order or sentence referred to in clause (1) of Article 132, clause (1) of Article 133 or clause (1) of Article 134:

(a) may, if it deems fit so to do, on its own motion; and

(b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause (1) of Article 132, clause (1) of Article 133 or, as the case may be, sub-clause (c) of clause (1) of Article 134, may be given in respect of that case. In view of the said amendment of the Constitution, the time that was consumed in proceedings before the High Court for obtaining a certificate of fitness for appeal to the Supreme Court would be saved.



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