Irrigation case
4 years ago
There is case with kerala irrigation department and private part about a illegal land acquisition. The court of lower and higher is also verdicts in favor of irrigation department. But the revenue recovery is not released from the court. One of the road is going to be making along the irrigation canal. Because of the court is not produced the revenue recovery the above mentioned road is pending. How could we know the after procedure of court. If there is any way to speedup the court procedure. If there is a chance to gives a public application to speedup the court procedure
A.Dear Sir,
You may see the following rules of law which is applicable in every State for disposal of suits.
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Dear Madam/Sir,
You have to rely upon various circulars which says it should be closed within 12 months. You can move an application before the same court as per following circular or approach the High Court for time bound disposal
Karnataka Case Flow Management Rules
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
You may see the following rules of law which is applicable in every State for disposal of suits.
============================================================================
Dear Madam/Sir,
You have to rely upon various circulars which says it should be closed within 12 months. You can move an application before the same court as per following circular or approach the High Court for time bound disposal
Karnataka Case Flow Management Rules
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
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Shreyash Mohta
Responded 4 years ago
A.Already replied.
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