90,000+ Legal Questions Answered

Regarding Procedure after the Release of Case Regarding Procedure after the Release of Case

3 months ago

My case which is related to the illegal termination of my contractual service and currently pending before the Lucknow bench of Allahabad High Court. In this matter, Arbitration provisions were there which is now also done and its order is challenged in the High Court.
On order dated :- 18.10.2023 the following order was passed:
"1. Heard Sri -------------, learned counsel for petitioner as well as learned Sri -----------------, learned counsel for respondents.
2. Judgement reserved.
On Order Dated :- 3.1.2024 the following order was passed:
"1. The case is released.
2. List this case before appropriate Bench."
On Order Dated:- 2.2.2024 the following order was passed: "As prayed, list on 8.2.2024."
On Order Dated :- 8.2.2024 the following order was passed:
"1. Case is adjourned on the out of station slip of counsel for the respondent.
2. List on 21st February, 2024."
My queries are:
1. When the arguments were completed and the case was reserved for judgment, can it be listed again in the same court for argument after it was released previously by the same judge after the change of jurisdiction? Is there any case law in this regard for reference?
2. What action can be taken by me for quick disposal of the case as the matter has been pending here and there for the last 10 (Ten) years?

Legal Counsel Vidhikarya

Responded 3 months ago

View All Answers
A.Dear Client,
Judgement has been reserved means that the argument of both the. counsels have been heard and now the judge will deliberate upon the. matter and decide the merits of the arguments and the submissions of. both the counsels and give the order on the date given for the same. 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. The Supreme Court recently disapproved of the action taken by the Allahabad High Court to list a matter for hearing before the same bench, which had failed to pronounce judgment within a period of six months after reserving it. The Supreme Court stated that if the judgment is not delivered within 6 months after reserving it, then it should be assigned to another bench for fresh hearing. It has long been established that a judge has the power to re-open their judgment or order at any time until the order has been sealed. In a recent decision, the Supreme Court has clarified the approach a judge should adopt if asked to exercise this power, finding that the essential task is to do justice in accordance with the overriding objective of the CPR: AIC Ltd v Federal Airports Authority of Nigeria [2022] UKSC 16.

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconVariable Pay Components - How to add Variable pay in offer letter and salary slips
Dear Client, Variable pay or compensation is determined based on two main factors – the employee's performance and the company's overall performance. An employee becomes eligible to get variable pay...
question iconlayoff as BU is closing
Dear Client, Apart from compliance with the statutory formalities required under the Companies Act, 2013 for the closer of the business of a company or part of it, the Company has to comply with the s...
question iconTermination
Dear Client, Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory p...
question iconFnF amount not received
Dear Sir Please approach the following authority or similar authority in a state The Office Commissioner of Labour Karmika Bhavan, Dairy Circle, Bannerghatta Road, Bangalore-29. 080-29753078 labou...
question iconNo Leave Encashment - Worked for 18 plus years in the organization
Dear Client, Leave Encashment Rules for private companies vary according to their policies and local regulations. Each company has a unique leave encashment policy. Some may have a cap on the number o...