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GIRISH KATHPALIA
R. B. Seth Jessa Ram Hospital Bros – Appellant
Versus
R. B. Seth Jessa Ram Hospital Workmen Union – Respondent
ORDER :
(Girish Kathpalia, J.)
W.P.(C) 16502/2024 & CM APPL. 69731/2024 (stay) & CM APPL. 69732/2024 (exemption)
{Yashpal Jain vs. Sushila Devi & Ors., 2023 SCC OnLine SC 1377}
1. The present writ action assails order dated 05.11.2024 of the Industrial Tribunal, whereby for reasons detailed in the order, cost of Rs. 20,000/- was imposed on the petitioner management. It would be apposite to commence the present order by extracting the entire impugned order, which is as follows:
Adjournments in court proceedings must be justified to prevent delays in justice; costs can be imposed for unnecessary adjournments.
The court condemns the misuse of adjournments and emphasizes the importance of timely justice delivery. It calls for a change in work culture to discourage unnecessary adjournments and maintain the r....
In summons trials, closing complainant's evidence justified for repeated non-appearance despite warnings and no exemption application; routine adjournments not permissible, courts must enforce day-to....
Trial courts justified in closing defence evidence after adjournments exceeding statutory limit of two under BNSS Section 346; fair trial does not permit endless adjournments defeating speedy justice....
Order sheets conclusively record trial proceedings; repeated adjournments despite directions to produce evidence not permitted under fair trial; inherent powers sparingly invoked against closing evid....
High Court inherent powers under BNSS Section 528 exercisable sparingly post-revision only for grave miscarriage of justice; trial court justified closing defence evidence after accused's repeated fa....
The court emphasized that routine adjournments in civil proceedings undermine justice, necessitating strict adherence to statutory limits and the imposition of costs for delays.
The right to cross-examine witnesses must be exercised promptly, and adjournments should only be granted for compelling reasons to ensure a fair trial.
The court should decide matters on their merits rather than technicalities, and the provision of granting only three adjournments should be understood in a reasonable manner.
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