Average Time for any direction by SC in its order to reach trial court registry

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    • #3255

      Let’s say Supreme Court issued a direction of mandatory filing of affidavit in complaint cases today. In how much time, we can expect this to reach trial court registry.
      Somehow, registry didn’t know the directions and take the complaint without affidavit. Whose fault will be this? And what is the remedy.

      Is there a manual or codified rules which tells about transfer of these directions from SC to HC and then to Trial Court. Help of any sort, will be appreciated.

    • #3258

      These are things of practice and not of any legal principles. It is not possible for us to say how much time it would take for the guidelines or directions to reach the lower courts.

      But, generally, they should reach in a month or so. If the directions are given in an individual case and are sent directly by the Supreme Court to the concerned Magistrate court, then such directions would normally be issued and would reach in less than a month. But, if these are general directions for future compliance in all cases, then usually such directions would be sent through the respective High Courts to the Magistrate courts. So, there may be some delay on the part of the High Court concerned also. It is not possible to say how much delay would be there on the part of each High Court.

      You can try to file an RTI application to find out when such directions were circulated by the concerned High Court to the Magistrate courts. Or, sometimes, such information may also be available on the High Court website.

      If the Magistrate court is acting in a manner that is against the directions of the Supreme Court, you can try to get such action of the Magistrate set aside.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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