14-05-2018 to 18-05-2018)

14-05-2018 to 18-05-2018)

HIGH COURT OF JAMMU & KASHMIR JAMMU. REGULAR CAUSELIST ( 14-05-2018 to 18-05-2018) I N D E X Page No. Court No. 2 HON’BLE MR. JUSTICE MOHAMMAD YAQOOB MIR 1 – 3 [ 16.05.2018 ] Court No. 3 HON’BLE MR. JUSTICE ALOK ARADHE 4 – 20 HON’BLE MR. JUSTICE SANJAY KUMAR GUPTA [ 15.05.2018 to 18.05.2018 (1st Half) ] Court No. 3 HON’BLE MR. JUSTICE ALOK ARADHE 21 – 41 [ 14.05.2018 ( Full Day ) 15.05.2018 to 18.05.2018 (2nd Half) ] Court No. 5 HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR 42 – 75 [ 14.05.2018 to 18.05.2018 ] Court No. 6 HON’BLE MR. JUSTICE TASHI RABSTAN 76 – 117 [ 14.05.2018 to 18.05.2018 ] Court No. 7 HON’BLE MR. JUSTICE JANAK RAJ KOTWAL 118 – 126 HON’BLE MR. JUSTICE SANJAY KUMAR GUPTA [ 17.05.2018 & 18.05.2018 ( 2nd Half) ] Court No. 7 HON’BLE MR. JUSTICE JANAK RAJ KOTWAL 127 – 156 [ 14.05.2018 to 16.05.2018 ( Full Day ), 17.05.2018 & 18.05.2018 ( 1st Half ) ] Court No. 10 HON’BLE MR. JUSTICE SANJAY KUMAR GUPTA 157 – 165 [ 15.05.2018 & 16.05.2018 ( 2nd Half) ] NOTICES ON NEXT PAGE. BY ORDER. Sd/- ( Virinder Singh Bhou ) 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 as per the roster. 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 Regular / 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 It is notified for the information of all concerned that matters relating to service of notice to parties will be listed before the Registrar Judicial in his Chamber on every Monday and Wednesday afternoon w.e.f. 09.02.2015 onwards and if notice is not taken inspite of granting time, Registrar Judicial may list the matters before the Court dealing with the subject. No.9 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. 10 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 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.11 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. 12 As directed, henceforth, Filing Counter shall register only 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 be registered only after the Application for Condonation of delay in filing the appeal / application for permission to file the appeal is allowed by the Hon’ble Court. No. 13 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. 14 It is notified for information of all concerne d that Judicial matters relating to and which fall within the ambit of Rule 15 of J&K High Court Rules, shall be taken up by the Registrar Judicial regularly in his office chamber from 9 AM to 12Noon as regular Court proceedings. No. 15 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. 16 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. 17 The Registrar (Judicial) shall list, not more than 75 cases including five Final Hearing matters in the Regular Cause List, on each day before each Single Bench as per the roster. So far as the regular Division Benches are concerned, the Registrar (Judicial) shall, besides listing the cases in the categories of Admission and Orders, list atleast 15 Final Hearing matters on each day. No. 18 The cases listed in the Supplementary Cause List before the Single Benches shall be taken up immediately after the lunch break where after the Final Hearing matters followed by the left over matters of the day shall be taken up. By order. All concerned to note. Sd/- ( Virinder Singh Bhou ) Registrar Judicial Page No. : 1 THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU.

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