Most Awaited Judgement: Can Parties Seek Rehearing Before a Different Bench?

By Mr. Vikash Agarwal

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The Hon’ble apex court has consistently emphasized the importance of promptly delivering judgments after hearings. If a judgment is not delivered within six months, parties may seek a rehearing by a different bench.

An extract from a landmark ruling* underscores this urgency:

“It is true, that for the High Courts, no period for pronouncement of judgment is contemplated either under the Code of Civil Procedure or the Criminal Procedure Code, but as the pronouncement of the judgment is a part of justice dispensation system, it has to be without delay. In a country like ours where people consider the Judges only second to God, efforts be made to strengthen that belief of the common man. Delay in disposal of the cases facilitates the people to raise eye-brows, some time genuinely which, if not checked, may shake the confidence of the people in the judicial system”

Notably, the Hon’ble Supreme Court has managed to deliver judgments within 2-3 months for complex cases, including constitutional bench matters like Article 370 and Maharashtra State assembly…

With just few days remaining in the attached case, is the Hon’ble Supreme Court exempt from the same six-month limitation period?

*(2001) 7 SCC 318

DAIRY NO. 37367/2019

CHIEF COMMISSIONER OF CENTRAL GOODS AND SERVICE TAX VS. M/S SAFARI RETREATS PRIVATE LIMITED

Case details

Diary Number: 37367/ 2019 Filed on 16.10.2019

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