HIGH COURT OF JAMMU & KASHMIR JAMMU. ADVANCE LIST { 10-02-2020 to 14-02-2020 } I N D E X Page No. Court No. 1 HON’BLE THE CHIEF JUSTICE 1 – 15 HON’BLE MR. JUSTICE RAJESH BINDAL [ 10.02.2020 to 14.02.2020 ( At 10.30 a.m. ) ] Court No. 1 HON’BLE THE CHIEF JUSTICE 16 – 21 [ 10.02.2020 to 14.02.2020 ( After D.B. ) ] Court No. 2 HON’BLE MR. JUSTICE RAJESH BINDAL 22 – 62 [ 10.02.2020 to 14.02.2020 ( After D.B. ) ] Court No. 6 HON’BLE MR. JUSTICE SANJEEV KUMAR 63 – 101 [ 10.02.2020 to 14.02.2020 ] Court No. 7 HON’BLE MR. JUSTICE SANJAY KUMAR GUPTA 102 – 107 [ 10.02.2020 to 14.02.2020 ] Court No. 8 HON’BLE MRS. JUSTICE SINDHU SHARMA 108 – 125 [ 10.02.2020 to 14.02.2020 ] NOTICES ON NEXT PAGE. BY ORDER. Sd/- ( Sonia Gupta ) Registrar Judicial www.jkhighcourt.nic.in [email protected] HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. ****** NOTICE No.1 It is for the general information of all Advocates that Advocates who take notice(s) in LPA cases on behalf of respondent(s) can obtain copy/copies of LPA petitions from the Registry. Advocates who require such copies may contact concerned Assistant Registrar in this behalf and get the relevant copies after filing up the prescribed form available with the Assistant Registrar/Reader concerned. No.2 All fresh matter(s) coming by way of Daily Supplementary List shall be listed before all the available single benches in equal proportion. No.3 Besides above, any other matter may be listed before the Benches, as directed by the Hon’ble The Chief Justice. No.4 Mention for listing of urgent matters in the two wings of the Hon’ble High Court shall be be made before the Benches dealing with the roster. However, where the same roster is held by two or more Hon’ble Judges, then memos shall be placed FOR ORDERS before the Senior Most Judge. If request for urgent listing / hearing of case(s) is allowed, the same shall be listed in the Supplementary Cause List. Caveat, if any, filed shall be distinctively mentioned in the Advance / Supplementary Cause List. No.5 All fresh PILs and matters concerning environment shall be listed before First Division Bench. No.6 It is notified for information of all the concerned/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.7 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. No.8 Contempt Petitions, whether it is filed against the order of the Hon’ble Single Judge or against the orders of the Hon’ble Division Bench, shall be listed before the concerned Hon’ble Single Judge or before the concerned Hon’ble Division Bench at each Wing of the High Court respectively. If the Hon’ble Single Judge concerned is not available for any reason, such Contempt Petitions shall be listed before the Hon’ble Single Judge dealing with the subject matter at the relevant time. With regard to Hon’ble Division Bench matters, if both the Hon’ble Judges of the Bench are not available for any reason, the Contempt Petitions shall be listed before the Hon’ble Division Bench dealing with the subject matter at the relevant time. If any one of the Hon’ble Judges from the Bench is available after getting orders from Hon’ble the Chief Justice, the matter shall be listed before the Bench to be constituted. No. 9 In view of the order passed by the Hon’ble Supreme Court in the case titled Malthesh Gudda Pooja Vs. State of Karnataka & others, reported in MANU/SC/1239/2011 : 2012(3) CTC 59 and 2011 Law Suit (SC) 1122, it is ordered that an application for review shall invariably be listed before the same Hon’ble Judge or Bench of Hon’ble Judges that delivered the judgment/order sought to be reviewed. In any case where an Hon’ble Judge has demitted the office either by retirement or transfer, the Review Petition filed against the judgment/order passed by such Hon’ble Judge while sitting singly shall be listed before the Hon’ble Judge nominated by the Hon’ble Chief Justice to deal with such a Petition. In other cases, where the Hon’ble Judge who has demitted the office either by retirement or transfer was a Member of the Hon’ble Division Bench and any Review Petition is filed against the judgment/order delivered by that Bench such Petition shall be Contd. 2/- (2) listed before the Bench of which the other available Hon’ble Judge is a Member. Where a Review petition is filed against a judgment/order of the Hon’ble Division Bench, the Member of 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 the Hon’ble Chief Justice. No.10 Cases involving Senior Citizens (60 plus) as party or parties thereto and old cases filed upto 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.11 As directed, henceforth, Filing Counter shall register application for Condonation of Delay in filing the Appeals/ Application for permission to file the Appeal and list the same before the Hon’ble Court. The Appeal shall also be registered alongwith the Application for Condonation of delay. No.12 While drafting and filing the pleadings/affidavit the relevant facts including Order, Number, Date, Suit Number etc. should be mentioned. If the same are not mentioned in the pleadings, the same would be treated as defective filing. In spite of circulars issued on this aspect and availability of the High Court Rules the numbering/passing clerks are not verifying the said facts which is causing great inconvenience to the Hon’ble Courts while hearing the matters and at the time of writing orders / judgments. Hence it is impressed upon the registry and the verifying passing clerks as well as the other officers to meticulously see whether the pleadings/affidavit filed contained the relevant details and if same are not mentioned the case/cases shall not be numbered. No.13 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 Hon’ble Division Bench No.1 including the pending matters. No.14 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.15 On Thursday, only final hearing matters shall be listed. Besides, this, urgent Habeas Corpus matters, Bail matters and any other urgent matters, subject to the orders of the concerned Bench upon mentioning, shall also be taken up for hearing on the said day. No.16 It is notified for information of all concerned that in terms of Circular No. 77 dated 28.05.2018, Registrar Judicial has been impressed upon to exercise the jurisdiction vested upon him under Rule 15 of the J&K High Court Rules, 1999. So, the matters referred herein shall be taken up regularly in the Court of Registrar Judicial. No. 17 The weekly cause list shall henceforth be nomenclature as “Advance List”. No. 18 Fresh cases (including fresh applications for grant of urgent interim directions ) for next day listing, shall be listed in the Supplementary Cause List. No. 19 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. 20 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. By order. All concerned to note. Sd/- ( Sonia Gupta ) Registrar Judicial Page No. : 1 THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. ADVANCE LIST { AT 10:30 A.M. } COURT : 1 HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH BINDAL 10/02/20(Monday) SPECIALLY ORDERED CASES 1 CPLPA 26/2018 SHOKET MEHMOOD CHOWDHARY M A BHAT FOR PET IN[LPASW 52/2018] Vs ATUL DULLOO SECY.MEDICAL MONISH CHOPRA FOR PET IA(1/2018) EDUCATION DEPTT.AND ANR. H A SIDDIQUI SR AAG FOR RES CM(4399/2019) in LPASW 43/2016 DR.SHOWKET.M.CHOWDRY K M BHATTI FOR PET IA(1/2016) Vs STATE TH.MEDICAL EDUCATION M K BHARDWAJ SR ADV FOR RES AND ORS.