In the first part of this article, we explored various important aspects of your case at Allahabad High Court, like filing, case status, the pendency of your case, etc. To read Part 1 of this article series, you can click on the following link – https://nikhilkumaradvocate.in/a-guide-to-your-case-at-allahabad-high-court-for-clients-new-counsels-and-interns/
In Part 2, we will answer the following questions:
- What does “mentioning your case” mean?
- Can Fresh Matters be mentioned?
- What is the display board? How to understand the display board?
- How to know your case will go before which bench?
- What does stay mean?
- What does it mean if the court has directed for the matter to be listed “as fresh”?
- Can a copy of the petition be shared with you?
- Do you have to visit Allahabad for filing of the case?
What does “mentioning your case” mean?
Mentioning a case before the bench of the Hon’ble High Court means that a prayer will be made for the matter to be taken out of turn. The Court allows the mentioned case to be taken out of turn on the same day upon your counsel’s demonstration of urgency in your case. In this regard, the urgency must be explained briefly before the Hon’ble Court. In some cases, the Court does not ask for urgency in matters, and sometimes, benches allow their bench secretaries to make a list of mentioned cases without even considering any urgency. The procedure for mentioning of the matter varies from bench to bench. Hence, to ascertain, one may just ask the bench secretary for the process of mentioning a case.
The general norm is that the mentioned matters are taken only after the fresh matters and listed matters which have fixed dates. However, there is no straight jacket formula. Each bench may formulate its mentioning process.
After the Bench has accepted your mentioned case and has accepted to take your matter out of turn, you must provide notice to the counsel for the opposite party via “mention slip”, and the same may or may not be submitted to the Bench Secretary.
Can Fresh Matters be mentioned?
Usually, the norm is that fresh matters are all considered in the day. However, due to the unusual caseload in the Allahabad High Court, mentioning fresh matters has become a reality. In some courts, where the freshly listed matters daily are more than a reasonable number, they may be mentioned before the Hon’ble Court for being taken up out of turn.
What is the display board? How to understand the display board?
The Display Board of the Allahabad High Court provides real-time information on the case being taken up before a specific bench of the Allahabad High Court. This is a useful tool to monitor if your case is taken up or not. However, all the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. It is also not guaranteed that the information published on this Website is up to date. The exact status may be confirmed physically at the concerned court.
You can access the display board for the Allahabad High Court by going to the Website à Display Board à Choose Court view system for either Allahabad High Court or Lucknow Bench.
The Display Board shows in a tabular manner the following information:
- Court Number
- Serial Number
- Type of cases being taken up
- Specific details of the case being taken up eg. Case title, case number, names of the advocates, etc.
Here is the link to the display board/ Court view system for the Allahabad High Court – https://courtview2.allahabadhighcourt.in/courtview/CourtViewAllahabad.do
How to know your case will go before which bench?
There are single benches (one judge) and division benches (two judges) of the Allahabad High Court. Subject Matter is distributed to all the benches. The Chief Justice of Allahabad High Court constitutes benches and prescribes subject matter which will be taken up by the respective benches. This is colloquially called the roster.
You may inquire from your counsel about the subject matter under which your petition/ application falls, and then you may inquire about the bench hearing such matters.
However, if your counsel is out of reach, you can check it yourself.
Go to the website –> Roster/ Constitution –> Open the latest Constitution of Benches High Court of Judicature at Allahabad.
Here is the link to the webpage where you may find the uploaded links for the constitution of benches – https://allahabadhighcourt.in/calendar/itemWiseList.jsp?group=11
What does stay mean?
Interim Relief in a matter is commonly known as Stay. For interim relief, an application praying for interim relief must be filed along with your petition.
The factors which influence the Court to grant a stay in a matter are whether a prima facie case is made out, whether the balance of convenience is in your favour, and whether lack of interim relief would cause irreparable loss or not.
An interlocutory order granting stay can be downloaded from the website and the certified copy of the Order granting stay can be obtained from the Hon’ble Court.
What does it mean if the court has directed for the matter to be listed “as fresh”?
In some cases, the Hon’ble Court may direct that the matter may be listed “as fresh”. The need for the matter to be listed as fresh arises out of the sheer caseload of the Court, and the inability of the Court due to paucity of time to take up all the matters. Since, there is a higher probability of fresh cases to be taken up, therefore, the counsels pray that their case be listed as fresh.
If your matter is listed as fresh, it will come in the list of fresh cases, or list of supplementary fresh cases, as the case may be.
Can a copy of the petition be shared with you?
As a client, you have a basic right that a copy of the petition be shared with you. You can ask your counsel to supply an online copy/ scanned copy of the petition which is being filed before the High Court. This also provides the client an opportunity to read their case and bring out any omissions, discrepancies, or irregularities in the petition. Moreover, the client and the counsel are on the same page, and it promotes transparency.
A copy of the petition usually comprises of an Index, the main petition/ application, an affidavit, and annexures.
Do you have to visit Allahabad for the filing of the case?
A case may be filed via two modes, physical mode, and online mode. In both cases, visiting the Allahabad High Court is mandatory for the following purposes:
- Signing Papers (Legal Size Papers, 8.5 x 14 inches)
- Signing the Vakalatnama
- For the photo/ ID at the Photo and Verification Centre
- Supply the counsel with passport-sized photographs and ID proof in addition to any other documents as required in your case as told by your counsel.
If you are unable to visit the Allahabad High Court due to any reason, the documents may be sent by post. Another person aware of the facts of the case may be sent on your behalf for swearing on the affidavit as a deponent in your case.