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Court Procedure >> Hearing of the Cases Fixed on the Board


HEARING OF THE CASES FIXED ON THE BOARD
 
  1. on the day fixed or any other day to which the hearing may be adjourned the appellant shall be heard in support of the Appeal. The Tribunal shall then if necessary, hear the Respondent against the Appeal and in such case the Appellant shall be entitled to reply.
  2. In accordance with the cause list parties are called for hearing unless otherwise directed by the Bench. In case any party is not present when called the next case should be called for with the permission of the Bench
  3. If neither the Appellant nor any one (authorized) on his behalf is present when the case is called for hearing the Bench may dismiss the appeal for default under Rule 20 of the Procedure Rules or may decide the appeal ex-parte on merits or may take such further action as it thinks fit. If a request for adjournment is received without anyone being present on behalf of the appellant the Bench may in its discretion grant the adjournment or proceed in terms of Rule 20.
  4. Where on the day fixed for hearing or any other day to which the hearing is adjourned, the Appellant appears in person or through authorized representative and the Respondent does not appear when the appeal is called for hearing the Tribunal may hear the appeal ex-parte.
  5. The Court Master is required to maintain a Register called Daily Diary of cases heard on each day in the performa at Appendix 27. All particulars required therein should be entered in the Register pertaining to each Appeal Application daily All cases fixed and heard on a day are to be entered in the order in which they were called for hearing.
  6. The Court Master will submit the Appeal Applications for recording of orders to the Member indicated by the Presiding Member. The case is to be submitted with the departmental records where necessary. Any papers received from either party after the hearing should not be added to the records except with the approval of the Member to whom the file has been submitted for recording the order.