TaxTMI 
TaxTMI 
Delayed justice - WP of 2001 decided after more than 18 years in one hearing. This shows justice delayed is justice denied.
X X X X Extracts X X X X
X X X X Extracts X X X X
....elayed justice - WP of 2001 decided after more than 18 years in one hearing. This shows justice delayed is justice denied.<br>By: - DEVKUMAR KOTHARI<br>Value Added Tax - VAT and CST<br>Dated:- 23-12-2019<br><br>2019 (12) TMI 881 - MADRAS HIGH COURT M/S. GOLDEN SPINNING MILLS (P) LTD., P. SUNDARAM VERSUS THE UNION OF INDIA, THE STATE OF TAMIL NADU, THE SPECIAL COMMISSIONER AND COMMISSIONER OF COM....
X X X X Extracts X X X X
X X X X Extracts X X X X
....MERCIAL TAXES, THE ASSISTANT COMMISSIONER (CT) , THE COMMERCIAL TAX OFFICER Original assessment was made on 22032001 following notification dated 7th April 1998 and clarification dated 21101999 which was in force and has remained in force. Reassessment notice was issued within 77 days from date of original assessment. Writ Petition of 2001 was against notice dated 060....
X X X X Extracts X X X X
X X X X Extracts X X X X
....62001 for reassessment. Writ Petition was filed during year 2001 on the website of Madras High Court, details / history of case is found as per the following webpage taken as two screen shots: As per above webpage: Filing Number: 1013741/2001Filing Date: 01-01-2001 Registration Number: 13741/2001Registration Date: 01-01-2001 The above dates of filing and r....
X X X X Extracts X X X X
X X X X Extracts X X X X
....egistry seems wrong , may be by default dates are taken 01012001. This is because when notice under challenge is dated 06062001, WP will be filed after receipt of such notice and cannot factually be 01012001. The judgment is available on website as it is very recent one. We find case has appeared in cause list for hearing on 13072019, 20072019, 09122019,10122019, a....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nd 16122019. Even if we assume that the WP was filed at end of year 2001 we find that judgment has been delivered during last fortnight of year 2019. That means it took more than 18 years in disposal of the WP, although the matter involved was simple. From the case status as seen above it can be said that till 12072019 the matter was not fixed for hearing and / or was not heard at any t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ime. Therefore, for long period of more than 18 years and six months the matter was lying in cold bag. It appears that only on 10122019 AND 16122019 the case was fixed for final hearing, it was at most heard on two days and judgment has been passed on the day of hearing itself. Before that, the case w....
X X X X Extracts X X X X
X X X X Extracts X X X X
....as not heard but adjourned for some reasons like paucity of time or on prayer of advocate of any side etc. This shows that if cases are monitored, fixed for hearing with seriousness and parties to case also take it seriously, such matters can be disposed off in a short time. However, as per our system, including delaying tactics adopted, and liberal approach in granting adjourn....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ments, the disposal of cases is delayed and pending cases list is expanding. Cause lists are also attributable to delay: Experience shows that cause list system of notice to parties is also an important reason for delay in justice. We find suddenly a matter appear is cause list and then it may run in the cause list for several days but may not be heard. A system of reasonable notice s....
X X X X Extracts X X X X
X X X X Extracts X X X X
....hould be adopted, whereby parties to case should be informed of date of hearing. Sufficient time of say four months should be allowed so that parties can file their paper books, written notes etc. and serve a copy on opposite party and opposite party can file rejoinder etc. And by the time of hearing, parties to case are ready to represent the case. In such circumstances, adjournments shall be red....
X X X X Extracts X X X X
X X X X Extracts X X X X
....uced, and hearings and disposal will be expedited. If any case is not appearing in cause list within a reasonable time, the petitioner or even opposite party should inform the Registry Office of the Court and request for fixing a date of hearing. In the case under study, if the parties had also taken an initiative, perhaps case was not kept pending for such a long period of time. 2019 (12) T....
X X X X Extracts X X X X
X X X X Extracts X X X X
....MI 881 - MADRAS HIGH COURT M/S. GOLDEN SPINNING MILLS (P) LTD., P. SUNDARAM VERSUS THE UNION OF INDIA, THE STATE OF TAMIL NADU, THE SPECIAL COMMISSIONER AND COMMISSIONER OF COMMERCIAL TAXES, THE ASSISTANT COMMISSIONER (CT) , THE COMMERCIAL TAX OFFICER ============= Document 1 Case Status: Search by Case Number Case Type Filing Number Registration Number CNR Number : WP Madras High C....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ourt Madras High Court Case Details : 1013741/2001 : 13741/2001 : HCMA01-015080-2001 Filing Date: 01-01-2001 Registration Date: 01-01-2001 Page 1 of 1 First Hearing Date Decision Date Case Status Nature of Disposal Coram State Judicial : 13th July 2009 Case Status 16th December 2019 : CASE DISPOSED : Contested--ALLOWED : 16628Honourable Dr Justice VINEET KOTHARI, Honourable Mr....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Justice R. SURESH KUMAR : TAMIL NADU : WRITSECTION Causelist Name 1) Advocate- MR.S.SIVANANDAM : Regular List Petitioner and Advocate 1) Respondent and Advocate Advocate - AGP(W) FOR RR2 TO 4, R1-UNION OF INDIA REP BY THE, SECRETARY MINISTRY OF REVENUE, FINANCE NEW DELHI History of Case Hearing Cause List Туре Judge Business On Hearing Date Purpose of hearing Date....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Honourable Dr Justice VINEET KOTHARI, Honourable Mr Justice R. SURESH KUMAR Disposed Honourable Mr Justice N. PAUL VASANTHAKUMAR, (Weekly List) Honourable Mr Justice N. PAUL VASANTHAKUMAR, (Weekly List) Regular List Honourable Dr Justice VINEET KOTHARI, Honourable Mr Justice R. SURESH KUMAR 10-12-2019 Regular List Honourable Dr Justice VINEET KOTHARI, Honourable Mr Justice R. SURESH....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... KUMAR 16-12-2019 FINAL HEARING CASES (WP) FINAL HEARING CASES (WP) Order not uploaded by concerned court https://services.ecourts.gov.in/ecourtindiaHC/cases/case_no.php?state_cd=... 21-12-2019<br> Scholarly articles for knowledge sharing by authors, experts, professionals ....