High Court of Gujarat Announces resumption of physical functioning from Sep,14 in a Phased Manner [Read Order]
(Judicial Quest News Network)
The Gujarat High Court based on the decision taken by the standing committee, has taken a decision to resume physical functioning of Courts at High Court in Phased manner: with the following directions
The order issued by Chief Justice of Gujarat HC intimates that the benches will be constituted to take matters in a weekly running board in the following way.
1. Benches: Following Benches will be constituted to take up matters for hearing in physical mode at High Court from 14/09/2020 following a weekly running board (cause-list):
(a) One Division Bench for In-Jail Conviction Appeals i.e. of which the appellant convict(s) are presently in jail
(b) Two or three Single Judge Benches for In Jail Conviction Appeals i.e. of which the appellant convict(s) are presently in jail
(c) One Single Judge Bench for oldest pending Civil Matters and other civil matter where stay / injunction is granted and the LAR/MACP First Appeals
2. Criminal Matters:
(a) In-Jail Criminal Appeals
i. Division Bench: For In-Jail Conviction appeals registered up to year 2014 to be heard by Division Bench,
ii. Single Judge Bench: For In-Jail Conviction appeals registered up to year 2018 to be heard by Single Judge Bench,
(b) The learned Advocates for appellant(s) will have to submit consent for their In-Jail Criminal Appeals to be taken up in physical mode through the Physical Hearing Consent Module of from Case-Status link of High Court website or directly at http:// gujarathc-casestatus.nic.in/gujarathc/ . The link of the same will start functioning from today. User guide for this module is appended to this Circular.
(c) Based on the consent received through the aforesaid module, a weekly running board (Floating/Hanging Cause-list) for the Division Bench and for the Single Judge Benches will be Order – Steps for phased resumption of physical functioning at High Court 1 of 2 prepared in the order of age of the matters to be listed during the week. Such board will be published by Friday of every preceding week.
(d) No request for adjournment will be entertained as the criminal appeals are being listed with sufficient prior notice and with consent of the appellant side parties.
(e) The list of Criminal Appeals for which consent has been received will be shared with office of the Ld. Public Prosecutor by 07-09- 2020. The consent on the part of the State [Ld. Public Prosecutor] to conduct the appeals will be deemed in all listed appeals save in exceptional circumstances if and as may be allowed by the concerned Bench.
(f) Consent on the part of Complainant [Informant/victim] side will not be a pre-requisite to conduct the matter in physical mode, however the complainant side will be allowed to participate in the hearing subject to their co-operation in proceeding with the hearing.
Civil Matters:
(a) Following civil matters will be included in Civil Weekly running Board (Floating/Hanging Causelist) based on the consent to be updated through the Physical Hearing Consent Module at http:// gujarathc-casestatus.nic.in/gujarathc/ from today:
i. Matters from list of 500 pending Oldest Civil Matters for Single Judge Benches published on High Court website
ii. Where the proceedings in the Courts below have been stayed
iii.First Appeals of Land Acquisition Cases and Motor Accident Claim Petitions (b) The Weekly running board will be published in advance by Friday of every preceding week. (c) Request for adjournment will not be entertained except in exceptional circumstances if and as may be considered by the concerned Bench.
While issuing the directions for proper streamlining the process of filing and objections raised in the filed matters:
Following new facilities on website and through email for the benefit of the Ld. Advocates and the litigants will be implemented from today.
(a) Display of Objections raised in a new filed matter / IA by the Judicial Branch in the Case Status on the High Court website
(b) Notifying through email to the Ld. Advocate on his/her registered email address: i. Filing number of a new matter with Filing No., Date of Filing, Party Details, CNR number / I.A. Nature etc.
ii. The information about the Objections raised in newly filed matters (Cases / I.A.s)
iii.Registration number of a new matter registered with Case No., Party Details and CNR Number etc.
2. Any documents required to be furnished for clearing the objections raised, can be given in sealed covers at the Counters for physical filing at Gate No. 2 of the High Court or can be uploaded through e-Filing portal.
3. Henceforth, in all matters to be filed, payment of Court Fees and submission of affidavit will be compulsory before registration of the matter. In e-Filed matters, scanned copy of the Court Fees and the affidavit will also have to be uploaded and the original Court Fees will have to be submitted once the normal filing counter operations are resumed at High Court.
