High Court cannot permit filing of new documents after hearing arguments and reserving judgement

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It has been found that in many cases, after hearing arguments, Judge reserves judgements and permits counsels to file written submissions.

Sometimes, this system is misused and counsels file new facts, new evidence, which is unfair to other parties.

Supreme Court Case: Bengal Const v. Gupta Bldg case reported in Judgement Today 2013 (3) SC 192 Supreme Court dated 22.2.2013

Suppose you are a lawyer and you are asked to draft a PIL to regulate butcher places? How can you go about it?

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A friend asked me above question. Hence I right this post.

1) First search google.

2) Ask yourself, is there any law, rules, regulations, resolutions etc for regulating conditions of butcher houses?

3) Then ask yourself, who has power to make regulations? Central Government or State Government?

Here you may see some light.

In Constitution, In Art. 243W, you may find that it is provided that State can give powers to municipality to make regulations about matters in 12th Schedule.

In 12th Schedule, the subject of butcher house regulation is mentioned.

4) Fine… Now try to find out what rules/ circulars or resolutions are already made by Municipality or State Govt. Ask some friend in service, to guide you.

5) If you cannot find anything, well, use RTI.

Ask Chief officer, of Municipality if they have any rules, etc regarding butcher places.

Send similar inquiries to Directorate of All Municipalities in States, on this issue.

Send Similar inquiry to State Govt if they have any rules.

Also ask State whether it has delegated any power to Municipality under Art.243 W , Schedule 12, regarding this subject.

6) After two months, give all the letters, replies etc to lawyer. He may advice you whether HC or SC should be approached to enforce right under Art. 14,19(g),21 etc…

Haresh Raichura
1/3/2013