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In the Supreme Court of India, once a matter is listed for final hearing and is part-heard, the normal rule is that it should continue before the same Bench until completion (this is called the “part-heard” principle to ensure continuity and fairness).
such a shift is procedurally permissible. it is not routine for part-heard matters unless there’s a reason.However, a shift to a “motion” (or miscellaneous/interim) hearing can occur in situations like:
If Bench composition changes.
If one or more judges of the Bench are unavailable (retirement, transfer, illness), the matter may lose its “part-heard” status and be relisted, sometimes as a motion matter.
As per the daily cause published by Apex Court for 06-05-2026 it can be observed that composition of bench in Court No 2 has been changed. cases in above Court are assigned to three member Judges ie:Hon.Justice Vikram Nath 2.Hon.Justice.Sandeep Mehta and 3.Hon.Justi eVijay Bishnoi.
Where as our case No.CA 7993/2023 is to be heard by bench of two judges. Ie: 1 and 2 mentioned above.
The Chief Justice of India, as the Master of the Roster, has the authority to reassign or reclassify cases.
The shift to “motion” often indicates relisting before a different Bench or for directions, not that the case has been downgraded on merits.
It does not mean the case has gone back to square one legally, but procedurally it may restart arguments.
Regards
Mohan.P
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Dear Members,
This change in terminology, from “Final Hearing’ to “Motion Hearing”, can be alarming but this is not a downgrade. In fact, for a case at this stage, it is a strategic advantage.
Here is the simple legal reality of what this change means:
1.Avoiding the "Regular List" Trap
A standard "Final Hearing" places a case in the "Regular List" queue. This queue is notoriously slow. If our case were listed there (e.g., as Item #105), there is a high chance it would never be reached on the day, leading to endless adjournments.
2. Our case is listed as Item 302 at a specific time: 3:00 PM.
In Supreme Court procedure, the "300 series" in the afternoon is often reserved for "Part-Heard" or "Special Bench" matters that the Judges specifically want to finish. By moving it here, the Court has pulled our case out of the long morning queue and given it a dedicated time slot.
3. "Final Disposal at Admission Stage"
The term "Motion Hearing" in this context often refers to "Final Disposal." It signals that the Bench does not want to admit this for a 5-year wait; they want to hear the final arguments now and dispose of it.
Summary:
The Court is treating this as a priority matter that needs to be concluded, rather than letting it sit in the "cold storage" of the Regular List. The fixed 3:00 PM slot confirms that the Judges intend to hear arguments tomorrow.
As usual, let us remain calm and hopeful ☺️. This listing, I hope, ensures we will have our moment in court tomorrow.
With regards,
Sanjay
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