Gauhati HC, Subordinate Courts To Resume Physical Hearings On Experimental Basis From Oct 19 [Read Notification]

Physical courts will function in a phased manner on an "experimental basis" from October 19, 2020, by observing necessary safety protocols and after installing protective measures in the court rooms.

Apart from urgent cases, the subordinate Courts may take up the following category of cases:

District & Sessions Judge/Addl. District & Sessions Judge

• Hearing of Bail Application u/s 438/439 of Cr.P.C.
• Criminal Revision/Criminal Appeals.
• Recording of evidence in cases where sitting/former MPs/MLAs are accused persons.
• Recording of statement of accused persons u/s 313 of Cr.P.C. by invoking sub-section (5) of Section 313 Cr.P.C.
• Recording of evidence of MO/IO/Judicial Magistrates through video conferencing.
• Succession Matters.
• Civil Appeals.
• Submission of Examination-in-chief on affidavit.
• Cross examination of witnesses before Advocate Commissioner by maintaining Covid-19 protocols.
• Injunction Matters.
• Arbitration Matters.
• Arguments.

MACTs

• Submission of Examination-in-chief on affidavit.
• Cases pending for framing of issues in which the opposite parties have already filed WS.
• Cases pending for argument.
• Cases pending for defence witness but the Insurance Company is not willing to adduce any defence witness can be posted for argument.
• Cases pending for miscellaneous hearing in which physical involvement of litigants is not necessary.
• Issue of Cheques to the claimants by maintaining Covid-19 protocols.

Family Courts

• Civil and Criminal Execution cases.
• Maintenance pendente iite cases.
• Petitions seeking interim maintenance.
• Enhancement/reduction/cancellation of maintenance allowance cases.
• Withdrawal/compromise petitions.
• Cases relating to u/s 125 Cr.P.C.
• Submission of Examination-in-chief on affidavit.
• Cases fixed for framing of issues.

Special Judge, Assam/ Special Judge, CBI/Special Judge, NIA

• Cases that are at the stage of final argument/judgment.
• Bail hearing, other Misc. Cases and petition hearings.

Labour court/Industrial Tribunal

• Cases fixed for framing of issues.
• Submission of examination-in-chief on affidavits.
• Cases fixed for arguments

Chief Judicial Magistrate/Addl. Chief Judicial Magistrate/JIMFC

• Bail Applications
• Zimma Petition
• Recording of evidence in cases where sitting/former MPs/MLAs are accused persons.
• Recording of statement of accused persons u/s 313 of Cr.P.C. by invoking sub-section 5 of Section 313 Cr.P.C.
• Maintenance Applications
• Application for Protection order under the Protection of women from Domestic Violence Act, 2005.
• Recording of statements u/s 164 of Cr.P.Cc. of the victims and confession of statements of the accused persons.
• Recording of evidence of M.O./1.0./through video conferencing
• Submission of examination-in-chief on affidavits in cases u/s 138 of NI Act.
• Cases at the stage of arguments.

Principal Magistrate (Juvenile Justice Board)

• Bail Applications
• Zimma Petition
• Application for preliminary assessment of CCL |
• Cases at the stage of arguments.

Civil Judge/ Munsiff

• Title Appeals/Misc. Appeals
• Miscellaneous Applications filed under various provisions of Code of Civil Procedure
• Injunction Matters
• Execution Matters where urgent stay is required
• Submission of examination-in-chief on affidavits
• Cases at the stage of arguments
• Cross examination of witnesses before Advocate Commissioner by maintaining Covid-19 protocols.

Continuation of the limited physical court functioning of the District Courts will be reviewed by the High Court in the 2^nd week of November, 2020.

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