High Court of Jammu and Kashmir Srinagar Bench. 7
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HIGH COURT OF JAMMU AND KASHMIR SRINAGAR BENCH. 7 ADVANCE LIST {12-07-2021 TO 15-07-2021} I N D E X Court HON’BLE THE CHIEF JUSTICE BENCH 12/07/21 13/07/21 14/07/21 15/07/21 No. /HON’BLE JUDGES ID: Court HON’BLE THE CHIEF JUSTICE 1532 1-6 41-45 72-76 109-114 No. 1 & HON’BLE MR. JUSTICE SANJAY DHAR Court HON’BLE MR. JUSTICE 1400 7-27 46-63 77-97 115-132 No. 2 ALI MOHAMMAD MAGREY Court HON’BLE MR. JUSTICE 1405 28-35 64-66 98-104 133-137 No. 4 TASHI RABSTAN Court HON’BLE MR. JUSTICE 1407 36-40 67-71 105-108 138-141 No. 5 SANJEEV KUMAR NOTICE ON NEXT PAGE (Gowher Majid Dalal) BY ORDER REGISTRAR JUDICIAL www.jkhighcourt.nic.in [email protected] HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR ******** NOTICE No. I All the fresh matters presented before the Registry at the filling Counter, on a particular working day upto 12:00 pm ,shall be listed for hearing, before the various Benches of the Hon’ble Court on the next working day, if after scrutinization, are found complete in all respects and defect free. Caveat, if any shall be distinctively mentioned. No. II All fresh matter(s) coming by way of Daily Supplementary List shall be listed before all the available single roster benches in equal proportion. No. III Advocates/dealing hands of the Registry to ensure that Annexures with the Petition, the spare sets, counter and objections filed at the Counter shall be legible. In case the photo copy of the documents is not legible, typed written copies of the documents be also annexed. No. IV As required under rule 2(c) of the J&K High Court Writ Proceeding Rules 1997, all concerned are required to specifically mention in the memo of the writ petition that the petitioner has not presented any other petition, civil suit or any other proceeding(s) in any Court including the Supreme Court of India, for the same cause of action, himself or through some other person. No. V List of books proposed to be relied upon by the Advocates during the course of arguments in the cases listed before Hon’ble Division Bench/Single Bench be provided to the Court Staff (the Restorer concerned) before the start of the proceedings of a day so that the staff can arrange the books and keep them readily available for perusal of the Hon’ble Division Bench/Single Bench. No. VI In supersession of Circular No.1 dated 13.02.2015 of the High Court of Jammu and Kashmir, it is directed that henceforth Contempt petitions in pending matters shall be listed before the Bench assigned the roster of the main case. All other Contempt petitions shall be listed before the Bench assigned the civil contempt petitions roster. No. VII All the cases relating to Judicial Service will be listed before the Hon’ble Division Bench. No. VIII Review Petitions shall invariably be listed before the same Hon’ble Bench of Hon’ble Judges that delivered the judgment/ order sought to be reviewed. In any case where any Hon’ble Judge demitted the office either by retirement or transfer, the Review petitions filed against the judgment/order passed by such Hon’ble Judge while sitting singly shall be listed before the Hon’ble Judge nominated by Hon’ble the Chief Justice to deal such a petition. In other cases, where the Hon’ble Judge who demitted the office either by retirement or transfer was a member of the Hon’ble Division Bench and any review petition filed against the judgment/order delivered by that Bench, such petition shall be listed before the Bench of which the other available Hon’ble Judge is a member. Where a review petition is filed against the judgment/ order of Hon’ble Division Bench, the members which have demitted the office either by retirement or transfer such petition shall be listed before the Hon’ble Court only after seeking the orders of Hon’ble the Chief Justice. (Circular No. 32 dated 31-03-2016) No. IX Contempt Matters arising out of the orders passed by the Hon’ble Judges (who have demitted the office) at Srinagar Wing of the High Court, shall henceforth be listed before the Senior Hon’ble Judge available in the Srinagar Wing.( Order No. 865 dated 27.10.2016) No. X Henceforth all the cases relating to or arising out of “SARFAESI Act, shall be listed before the Division Bench for admission and disposal, as is the practice being followed by other High Courts, for early disposal of such matters. (Order No. 1197 dated 2-2-2017) No. XI It is impressed upon the Registrar Judicial of Jammu Wing and Registrar Judicial of Srinagar Wing of the High Court to exercise the jurisdiction vested upon them under Rule 15 of the Jammu and Kashmir High Court Rules,1999(Circular no. 77 Dated 28.05.2018) No. XII The Registrar Judicial shall, in normal course, afford not more than two opportunities to the parties for doing the needful in respect of the proceedings mentioned in the circular no 77 and thereafter list the matter/proceeding before the Hon’ble Court. This shall, however, be subjected to the orders of the Hon’ble Court either upon mentioning by the counsel/parties or otherwise. No. XIII The cases already fixed by the Hon’ble Court for the proceedings mentioned in the Circular no. 77, shall be listed before the Registrar Judicial concerned on the dates fixed irrespective of the fact that the previous order has been passed by the Hon’ble Court. This shall, however, be subject to the orders of the Hon’ble Court either upon mentioning by the counsel/parties or otherwise. No. XIV Insofar as Motor Accident Civil First Miscellaneous Appeals are concerned, as regards quantum, in order to effectively decide the cases, counsel qua the claimants as well as the Insurance Company are requested to prepare a brief chart of the compensation awarded under various heads. No. XV Motion for adjournment on bonafide ground in respect of admission/orders/hearing matters shall henceforth be made by the counsel for the party/parties concerned by presenting a request for such adjournment before Registrar Judicial of the concerned Wing with the consent of the counsel for all the other parties to the case at least one day in advance. The standard format for such motion can be downloaded from the High Court website. The format is also enclosed as Annexure “A” to this notice. No. XVI The cases listed in the Advance List shall be taken up by the concerned Benches first every morning in both wings of the High Court. No. XVII The Division Bench fresh matters for admission in Supplementary Cause List shall be taken up first by the Division Bench. No. XVIII Fresh matters for admission and urgent applications shown in the supplementary cause list shall be taken up at the beginning of the second half of the day, whereafter the concerned Benches shall take up other cases from the Advance List and remaining cases of the Supplementary List. No. XIX All the matters preferred against the orders/decisions rendered by the Commissions/Forums, which are either headed by retired Hon’ble Judges of the Supreme Court/retired Hon’ble Chief Justices of the High Courts/retired Hon’ble Judges of High Courts or the Member of the Commissions/Forums, shall be posted for hearing before the Roster Division Bench including the pending matters. No. XX Cases involving Senior Citizens (60 plus) as party or parties thereto and old cases filed up to the year 2010, shall be listed on regular basis and not kept pending in the Registry. At least five such cases per Bench shall be listed each day and while listing such matters, Registrar Judicial shall give them due preference under the caption “Senior Citizens’ Cases”. No. XXI The Registrars (Judicial) of both the Wings shall ensure that 20 to 30 Contempt Petitions arising out of the Orders passed by the Hon’ble Judges who have already demitted the office are listed before each Bench on every working day. The oldest 100 to 150 petitions shall be listed before one Single Bench in chronological order and the remaining petitions shall be listed in the same order before the other available Benches. Contempt Petitions filed from the year 2007 onward as these arise from the orders of the Hon’ble Judges who have retired or have been transferred, shall be listed before Hon’ble the Chief Justice also while sitting singly. In addition the Contempt Petitions arising out of the orders of the Division Bench Judges, who have demitted the office by transfer or retirement, shall also be listed before the Division Bench presided over by Hon’ble the Chief Justice. No. XXII Under Rule 19 of writ proceeding rules, Party against whom ex-party order is passed entitled to apply to vary or discharge the order. (1) A party against whom an ex-party order has been made shall be entitled to apply to the court to discharge or vary the said order after giving notice to the party or parties who are likely to be affected by such order of discharge or variation. Such notice may be served on the advocate for the parties. (2) Every application made under sub-rule (1) shall be posted for order before the court in the next regular cause list. Such application shall be disposed of within 30 days from this date and if the application is not so disposed of , the interim order shall, on the expiry of that period stand vacated.