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Before the registration of the case
with the Registry division of the Court, the Court shall
conduct miscellaneous hearing expeditiously. The Chief
Justice in High Court, Chief Judge/Judge in the Dzongkhag
Court and the Judge in Dungkhag Court hear the miscellaneous
hearing. Hearing is conducted strictly in accordance with
the Civil and Criminal Procedure Code. Each Bench Clerk
maintains a Bench book. The Bench book enumerates the
order as to the how the hearing should proceed.
During the miscellaneous hearing, the
court shall make an initial determination whether sufficient
legal cause exists to admit the case for proceedings according
to the law. The Court shall give written reasons, if the
petition of a party is dismissed. The hearing is always
conducted within the prescribed period and in accordance
with the Civil and Criminal Procedure Code. After the
Miscellaneous Hearing, accordingly, the petition if registered
by the registry is distributed to the Benches and a bench
clerk is identified.
After which Preliminary Hearing is conducted
within ten days of registration in criminal cases and
one hundred and eight days of registration in civil cases.
The purpose of Preliminary Hearing is to enable the Court
to entertain challenges to pleadings based on cause, procedure
and jurisdiction and clarify substantive or procedural
legal issues as per Section 81.1.
Furthermore, the Court shall conduct
the judicial process in accordance with the Civil and
Criminal Procedure Code as follows:
JUDICIAL PROCESS
Registry of a complaint =>Miscellaneous Hearing =>
Preliminary Hearing =>Production before Judge =>
Show Cause => Opening Statement => Defence Reply
=> Rebuttal => Evidence => Independent testimony
=>Exhibit => Cross Examinations =>Judicial Investigation=>Closing
Statement =>Judgment
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