Court and it's Procedure

Registration of Cases

The introduction of the Registry (user friendly) of the Court came as one of the major reforms in the Judiciary of Bhutan. This introduction helped both the litigants and the staff of the Court. It was a great relief for the litigants, as they didn't have to wait for long time before their petitions were registered. On the other hand it became very convenient for the court staffs to streamline and prepare the hearing calendar and issue summon orders.

The Registry of the court is the first contact point. Any complaint can be filed in the Registry of the Court. The complaints are registered in the miscellaneous register in the order of precedence. The complaints are recorded between 9:30 am to 10:30 am. Consequently they are put up for the miscellaneous hearing.

A person filing a case before the Court must do so in writing. The petition must be properly signed and a legal stamp affixed to it in accordance with section 150.4 of the Civil and Criminal Procedure Code. As per section 116.1 of the Civil and Criminal Procedure Code the petitions for filing a case must be submitted to the Court by the petitioner in person, his/her jabmi or by an adult member of his/her own household in good faith and not for harassment.

The practice of sending case documents to the Court through posts by various Ministry and Department is contrary to the provision of Law in accordance with section 116 of the Civil and Criminal Procedure Code.

Cases shall be registered with the Registry of the Court. The registration may be effected by:

  • a representative of the State;
  • a prosecutor or a jabmi hired by the state to prosecute;
  • a victim or a victim's next-of-kin; or
  • an aggrieved person or his/her/jabmi/next-of-kin.

A petitioner must have "legal standing" and the petition must involve a concrete case or controversy. As per Kadyon Ka 3 no litigant may make and no Judge shall entertain any petition or submission relating to a case before a Judge outside the premises of the Court.

In accordance with section 32 and 32.1 of the Civil and Criminal Procedure Code the Court shall conduct miscellaneous hearing expeditiously after a case has been registered with the Registry of the Court. During the miscellaneous hearing, a complainant can make submission either in writing or orally.

The Court shall make initial determination whether sufficient legal cause exists to admit the case for proceedings according to the law or hear the case within the prescribed period and give written reasons if the petition is dismissed. If the complaints are admitted they are assigned to the Benches for adjudication.

 

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