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Report No. 79

IV. Writ Petitions: Hearing

16.13. Ready list.-

After the matter is complete in terms of the aforesaid rules, the writ petition should be included in the ready list of cases published by the court in chronological order according to its date of institution, except where the petition has, for sufficient reason, to be listed for a future date. The writ petitions which belong to a class needing priority, as has been indicated elsewhere1 would not, however, have to stand in queue. Apart from that, the daily list should be prepared strictly in the order in which the cases appear in the ready list, subject, of course, to the order of the court as to actual date in any matter.

1. See Chapter 7, supra.

16.14. Concise note of arguments.-

As recommended by us in the case of regular first1 appeals, a concise note of arguments should be filed in writ petitions before the date of hearing. The contents of the note of arguments and the time of its filing should be the same as in the case of regular first appeals. It would not, however, be necessary to file such note of arguments in petitions for the issue of a writ of habeas corpus, as these petitions stand in a class by themselves. This apart, the reasons which weighed with us in suggesting filing a note of arguments in regular first appeals equally 'hold good for writ petitions.

1. Para. 6.19, supra.

16.15. General pattern of rules.-

We have indicated above only a general pattern of rule1 However, it would be open to each High Court to frame or amend its own rules with such changes or variations as may be found to be necessary. The object of the rules should be to obtain a regulated procedure conforming to the principles of natural justice, at the same time securing quicker disposal of the writ petitions. The rule2 will be efficacious and purposeful only if their observance is scrupulously adhered to.

1. Para. 16.4, supra.

2. Para. 16.4, supra.



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