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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KALYAN RAI SURANA, J.
Dulal Bora, S/o Sri Deben Bora – Appellant
Versus
The Union Of India And Ors – Respondents
WP(C)/4243/2013, Crl.Pet./614/2013
Decided on : 23-04-2024
Adjournment - Court Proceedings - The court reluctantly adjourned the matter due to the petitioner's counsel needing to visit a doctor for medical reasons. The court made it clear that the matters would not be adjourned on the next date of listing.
Fact of the Case:
The petitioner and private respondent both requested adjournment, citing medical reasons for the petitioner's counsel.
Finding of the Court:
The court reluctantly adjourned the matter and made it clear that the matters would not be adjourned on the next date of listing.
Issues:
Ratio Decidendi: The court's decision to adjourn the matter was influenced by the medical reasons cited by the petitioner's counsel.
Final Decision: The matter was adjourned to a later date, with the court making it clear that further adjournments would not be granted.
ORDER :
Both sides are duly represented.
2. The counsel for the petitioner as well as the private respondent have both prayed for adjournment.
3. Moreover, it is submitted that the learned senior counsel for the petitioner in Crl. Pet. 614/2013 had to visit a doctor for medical reasons. On the said ground, the matter stands reluctantly adjourned.
4. List the matter on 25.04.2024.
5. It is seen that these two matters are of the year 2013. Therefore, it is made clear that the matters would not be adjourned on the next date of listing.
Courts may grant adjournments in exceptional circumstances, such as medical reasons, but may also set limits on future adjournments.
The Court has the discretion to grant adjournments and direct the Trial Court accordingly, especially in cases of counsel's indisposition.
The court maintains discretion to grant adjournments in the interest of justice when the lead counsel is unavailable.
The court recognized the necessity of adjournment due to the petitioner's death, emphasizing procedural integrity in ongoing legal matters.
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