JUDICIAL REFORMS

TO,

1)     THE HON’BLE CHIEF JUSTICE OF INDIA,

   SUPREME COURT OF INDIA, NEW DELHI.

 

2)     LAW MINISTER,

GOVERNMENT OF INDIA, NEW DELHI.

 

3) HON’BLE CHIEF JUSTICE OF HIGH COURT OF JUDICATURE OF             

   BOMBAY.

   4) LAW COMMISSION OF INDIA, NEW DELHI.

  

   5) BAR COUNCIL OF MAHARASHTRA AND GOA, HIGH COURT    

 ANNEXE BUILDING, FORT, MUMBAI.

 

   6) BAR COUNCIL OF INDIA,NEW DELHI.

 

 

SUBJECT: JUDICIAL REFORMS.

 

 

 

RESPECTED SIR,

                I AM SUGGESTING SOME REFORMS IN JUDICIARY. I MAY BE WRONG AND THESE ARE PURELY MY VIEWS. BUT I HUMBLY REQUEST ALL OF YOU, IF YOU FEEL THAT SOME SUGGESSIONS ARE ACCEPTABLE, THEN TAKE APPROPRIATE STEPS. I HAVE WRITTEN THIS BECAUSE OF MY EXPERIENCE IN DAY TO DAY WORK.

 

 

                           (P.N.SONPETHKAR)

     ADVOCATE, HIGH COURT, AURANGABAD.

 

 

 

 

 

 

 

 

 

 

 

JUDICIAL REFORMS

 

 

ALWAYS IT IS SAID THAT THERE IS A LARGE SCALE PENDENCY OF CASES IN THE COURT OF LAW. SO MANY SOLUTIONS AND WAYS HAVE BEEN SUGGESTED. BUT I FEEL THAT THOSE THINGS ARE NOT SUFFICIENT. NOBODY IS TRYING TO GO TO ROOT CAUSE OF THE PROBLEM.

     FIRSTLY, I WOULD LIKE TO SAY THAT ESTABLISHMENT OF RURAL COURTS OR APPOINTMENT OF ADDITIONAL JUDGES WILL ALSO NOT SOLVE THE PROBLEM. THEREFORE, I SUGGEST FOLLOWING THINGS.

 

1)  CHANGE THE SYSTEM OF APPOINTMENT OF JUDGES I.E. CIVIL JUDGE, DISTRICT JUDGE, HIGH COURT JUDGE AND SUPREME COURT JUDGE ALSO. MAKE ALL THE PROCEDURE TRANSPERANT AND CLEAR AND KNOWN TO PUBLIC AT LARGE.

2)  FOLLOWNG DEFECTS FOUND IN THE RECRUITMENT PROCEDURE.

3)  I HAVE SEEN THAT AT LEAST FOUR TO FIVE YEARS ARE AT LEAST REQUIRED TO LEARN THE PROCEDURE OF COURT AND CONDUCT THE CASE. DEEP STUDY IS REQUIRED TO CONDUCT THE CASE BEFORE THE TRIAL COURT. UPTO FIVE YEARS, ANY COUNSEL IS CALLED AS A JUNIOR LAWYER.

4)  NOW SEE THIS: A LAW GRADUATE POSSESSING 55% MARKS ARE DIRECTLY RECRUITED AND NO EXPERIENCE IS REQUIRED. THIS HAS RESULTED IN GREAT MISCARRIAGE OF JUSTICE. TRIAL COURT IS NOT SUBORDINATE COURT. ALL THE MATTERS ARE BEING CONDUCTED VERY SERIOUSLY AND RIGHTS OF THE PARTIES ARE DECIDED THERE ONLY. AN APPELLATE COURT INCLUDING THE HIGH COURT OR SUPREME COURT SIMPLY SCRUTINISING THE JUDGEMENT OF TRIAL COURT.

5)  IN SECOND APPEAL, MORE IMPORTANCE IS GIVEN TO THE FINDING OF THE TRIAL COURT.

6)  MY OWN EXPERIENCE IS THAT UPTO FIVE TO TEN YEARS, THE ADVOCATES ARE IN LEARNING PROCESS.

7)  THE EXPERIENCE OF NEW RECRUIT IS TOTALLY UNSATISFACTORY.

8)  THEIR BEHAVIOUR WITH THE BAR MEMEBERS IS TOTALLY ARROGANT, INDICIPLINE AND BAD. THEY ALWAYS TREAT THE ADVOCATES LIKE BEGGERS.

9)  NEW JUDGES OF THIS KIND ARE NOT READY TO HEAR ANYBODY AND ARE IN HURRY TO DISPOSE OF THE CASE AND PARTICULARLY INTERESTED IN DISMISSING THE MATTER IN DEFAULT IN THE MORNING SESSION. ALL THE WAY, THEY ARE ENGAGED IN TEACHING A LESSON TO AN ADVOCATE. THEY ARE NOT READY TO ACCOMMODATE THE LAWYER.

10)                     QUALITY OF LANGUAGE IS VERY POOR AND IT IS SEEN THAT THEY ARE NOT ABLE TO RECORD EVIDENCE PROPERLY.

11)                     THEY ARE NOT ABLE TO DELIVER JUDGEMENTS PROPERLY. JUDGEMENTS ARE DELIVERED THIS OR THAT WAY. NOT ONLY THIS, ORDERS ARE NEVER PASSED IMMEDIATELY AND ORDERS ARE POSTPONED INDEFINATELY. THEY ARE NOT ABLE TO DELIVER JUDGEMENT OR DICTATE ORDER IN OPEN COURT BY PERUSING FILE. I HAVE SEEN THAT ALL NEW JUDGES HAVE STARTED NEW TACTICS TO OVERCOME THIS DRAWBACK. THEY ARE BRINGING SOME WRITING FROM THEIR HOME AND DICTATING THE SAME BY READING WRITTEN PAPER TO THEIR STENO. NOBODY KNOWS, IF REALLY IT IS WRITTEN BY THE JUDGE OR SOMEBODY ELSE.

12)                     THEY ARE UNABLE TO INTERPRETE THE JUDGEMENTS OF HIGHER COURTS. RATHER THEY ARE INTERESTED IN IGNORING THE RULINGS CITED BY THE COUNSEL. THEY ARE SOMETIMES, NOT READY OR ABLE  TO FOLLOW AND INTERPRETE THE ORDERS OF APPELLATE COURT OR HIGH COURT/SUPREME COURT.

13)                     EVEN, THEY ARE NOT READY TO STUDY BASIC LAWS LIKE CIVIL MANUAL, CPC, CR.P.C., EVIDENCE ACT ETC.

14)                     UNNECESSARY TEASING TO THE ADVOCATE. THERE IS NO CONTROL OF DISTRICT COURT OVER THEM.

15)                     THUS, I FEEL THAT PROCEDURE FOR RECRUITMENT OF TRIAL COURT JUDGES MUST BE CHANGED.

16)                     COURT ROOM IS NOT BATTLE FIELD. JUDGE MUST BE QUALIFIED, EXPERIENCED, MATURED, HONEST, AND MUST BE HAVING PATIENCE. HE MUST HAVE POSITIVE THINKING AND HAVE DESIRE TO DECIDE THE CASE ACCORDING TO LAW FINALY AND NOT TO DISMISS THE MATTER IN DEFAULT. WHILE GIVING RELIEF, HE IS DOING HIS JOB/DUTY AND NOT GIVING FROM HIS OWN POCKET.

17)                     THUS, THE PROCEDURE WHICH I SUGGEST AS FOLLOWS :

18)                     FOR TRIAL COURT JUDGE : EXPERIENCE OF 10 YEARS PRACTICE AND. AGE- 30 MINIMUM

19)                     DISTRICT JUDGE: 20 YEARS EXPERIENCE I.E. 10 YEARS AS A LAWYER AND 10 YEARS AS A JUDICIAL OFFICER, FOR IN SERVICE CANDIDATE AND 20 YEARS PRACTICE FOR DIRECT RECRUIT.AGE-40 YEARS MINIMUM.

20)                     HIGH COURT JUDGE: 30 YEARS PRACTICE AT BAR AND 15 YEARS MINIMUM PRACTICE AT TRIAL COURT AND 15 YEARS PRACTICE AT HIGH COURT OR SUPREME COURT. AGE – 50 YEARS.

21)                     FOR PROMOTION FROM JUDICIARY:20 YEARS JUDICIAL SERVICE (10 YEARS SERVICE AS A DISTRICT JUDGE MUST BE MANDATORY)

22)                     ALL THE CANDIDATES MUST BE INCOME TAX PAYERS.

23)                     ENQIRY MUST BE CONDUCTED REGARDING THEIR NATURE WHETHER THEY ARE COOL OR HOT TAMPER AND REVENGEFUL. WHETHER THEY ARE HAVING PATIENCE AND ABILITY TO HEAR THE LAWYERS AND HAVING INTEREST IN THE BOOKS AND STUDY. WHETHER THEY RESPECT OTHERS AND WHAT KIND OF HABITS ARE THERE, NOT NECESSARILY DRINKING, BUT EXTRA-MARITAL RELATIONS AND LUST FOR RICH LIFE WITHOUT ANY STRUGGLE AND SHORT CUT TO SUCCESS, HIS FRIENDS AND DAILY NEEDS AND DAILY EXPENSES.

24)                     MOST IMPORTANT THING: “HOW HE BEHAVE WITH HIS PARENTS, WIFE, CHILDREN AND OTHER FAMILY MEMBERS”.

25)                     THIS IS MUST. BECAUSE A JUDGE IS NOT AN ORDINARY GOVT. SERVANT. HE IS AN INDEPENDENT GOVT. JUDICIAL OFFICER. HE HAS POWER TO GIVE DECISION AGAINST THE GOVT ALSO. HE IS DECIDING THE VALUABLE RIGHTS OF THE CITIZENS. THUS, HE/SHE MUST BE A MAN HAVING EXPERIENCE, MATURITY AND PATIENCE.

  AT LAST IMPORTANT THING: HE MUST POSSESS GOOD HEALTH.

THERE MUST BE HEALTH CHECK UP OF EVERY JUDGE AND ENTIRE FAMILY TWICE IN A MONTH, FREE OF COST.

AT ANY RATE, THEIR HOLIDAYS SHOULD NOT BE DISTURBED.

IF ANY COMPLAINT IS RECEIVED BY ANY HIGHER OFFICER, PROPER ENQUIRY MUST BE MADE FORTHWITH AGAINST THE JUDGE OR COURT STAFF AND IT SHOULD BE COMMUNICATED TO THE CONCERNED IMMEDIATELY. COMPLAINT NORMALLY SHOULD NOT BE TROWN ON TECHNICAL GROUND BY ASKING THE COMPLAINANT TO AVAIL AN APPROPRIATE REMEDY.

       AFTER APPOINTMENT, AFTER SIX MONTH, REVIEW OF WORK SHOULD BE TAKEN. OPINION SHOULD BE TAKEN FROM THE LAWYERS ABOUT THE JUDGE, FROM THE STAFF ALSO INQUIRY SHOULD BE MADE REGARDING DAY TO DAY BUSINESS. WHILE CONFIRMATION OF SERVICE, OPINION OF LAWYERS SHOULD BE TAKEN INTO CONSIDERATION.

       MISBEHAVIOUR WITH THE ADVOCATE MUST BE TREATED AS A SERIOUS MIS-CONDUCT, WHICH MAY, AFTER DUE INQUIRY, MAY RESULT IN DISMISSAL FROM SERVICE.

       IGNORING HIGH COURT AND SUPREME COURT JUDGEMENTS AND DIRECTIONS FROM HIGHER COURTS  MAY BE MET WITH SAME CONSEQUENCES.

 

26)                     BEFORE EVERY APPOINTMENT, TEST OF THE JUDGE MUST BE TAKEN TO JUDGE HIS COMMOND OVER LANGUAGE, STUDY IN THE FIELD AND ABILITY TO CONDUCT THE MATTER.

27)                     ATLEAST FOR ABOUT SIX MONTHS, HE SHOULD NOT BE GIVEN INDEPENDENT CHARGE AND HE SHOULD BE ASKED TO SIT ALONGWITH SENIOR JUDGE AND WATCH THE WORK OF SENIOR JUDGE.

 

28)                     STILL AN ADEQUATE LIABRARY IS NOT PROVIDED TO THE TRIAL COURT JUDGES. NO ADEQUATE STAFF IS PROVIDED. PROVISION OF ADEQUATE STAFF IS MUST FOR PROPER ADMINISTRATION OF JUSTICE.

29)                     THERE IS ANOTHER TENDENCY GROWN IN THE JUDICIAL OFFICERS TO DELIVER THE JUDGEMENT WHAT THEY WANT AND NOT AS PER LAW, AS FOR WRONG JUDGEMENT, THERE CANNOT BE ANY PUNISHMENT. THERE IS NO DISPUTE THAT FOR WRONG JUDGEMENT, NO ACTION CAN BE TAKEN. BUT STILL I FEEL THAT THERE MUST BE SOME PROVISION IN THIS REGARD.

30)                     I HAVE OBSERVED THAT SOME JUDGES DO DELIVER A JUDGEMENT IGNORING THE LAW, HIGH COURT AND SUPREME COURT RULINGS AND ASKING THE CLIENTS TO APPROACH THE HIGHER COURTS. EVERY CITIZEN IS NOT IN A POSITION TO APPEAL AGAINST EVERY ORDER. SOME CITIZENS ARE DRAGGED IN THE COURT BY MISCHIEVIOUS AND ANTI SOCIAL ELEMENTS TO GRAB THE PROPERTY.

31)                     SO FOLLOWING PROCEDURE IS SUGGESTED:

32)                     THERE SHOULD BE REVISION AND REVIEW OF EVERY JUDGEMENT OF TRIAL COURT, BY APPELLATE COURT, IN WHICH NO APPEAL IS FILED. THE APPELLATE JUDGE SHOULD SUO-MOTO CALL THE RECORD AND SUMMON THE PARTIES TO ARGUE ON ALL THE POINTS. THIS BEING SUOMOTO REVISION, NO CHARGES ARE REQUIRED TO BE PAID.

33)                     APART FROM THIS, IF THE APPELLATE JUDGE FOUND SOME SERIOUS DEFECTS IN THE JUDGEMENT, HE MUST FOLLOW THE PROCEDURE PRECRIBED IN THE CIVIL AND CRIMINAL MANNUAL PARAGRAPH-734.

34)                     THIS WILL REMOVE ALL THE DOUBTS. PARTICULARLY THERE ARE ALLEGATIONS THAT NOTICES/SUMMONS ARE NOT SERVED PROPERLY AND SUITS OR PROCEEDINGS ARE BEING DECIDED IN COLLUSION WITH EACH OTHER TO DEFEAT THE RIGHTS OF THIRD PARTIES OR BY FALSE PERSONATION OR IN THE ABSENCE OF THE PARTIES.

35)                     ALSO TO SEE THAT EVEN UNDER GARB OF CONTEST/FIGHT, SOME MATTERS ARE BROUGHT BEFORE THE COURT WITH SOME HIDDEN MOTIVE. A MATURE JUDGE CAN SMELL SUCH THINGS AND DECIDE THE SAME ACCORDING TO LAW AND TO DO THE JUSTICE.

36)                     LOKADALAT: I SEE THAT MUCH MONEY AND TIME IS WASTED IN LOKADALAT. I SEE THAT THIS IS NOT A SOLUTION TO RESOLVE ANY DISPUTE. EVEN ESTABLISHMENT OF MORE COURT WILL NOT SUFFICE THE PURPOSE.

37)                     REMEDY: THERE IS ADEQUATE PROVISION IN THE CIVIL PROCEDURE CODE ITSELF UNDER ORDER 32-A RULE 3. THIS SHOULD BE MADE APPLICABLE TO ALL THE MATTERS BEFORE THE COURT. INSTEAD OF CONDUCTING MELA OF LOKADALAT, THE CONCERNED JUDGE MAY BE DIRECTED THAT HE SHOULD CALL BOTH THE PARTIES, AFTER APPEARANCE AND ASCERTAIN THE FACTS OF THE CASE AND TRY TO COMPROMISE. JUDGE HIMSELF SHOULD PREPARE A LIST OF A CASES, IN WHICH SETTLMENT COULD BE ARRIVED AT. FURTHER PROVISIONS MAY BE MADE TO GIVE TO POWER TO THE JUDGE. HE MAY BE GIVEN LIBERTY TO FIX ANY ONE DAY IN A WEEK FOR SETTLMENT OF THE MATTERS EXCLUSIVELY. CLEAR PROVISIONS MAY BE MADE TO THAT EFFECT. THIS WILL SAVE MONEY AND TIME OF THE COURT AND UNNECESSARY BURDEN TO CONDUCT LOKADALAT ON HOLIDAYS. BEFORE GOING TO TRIAL, THE CONCERNED JUDGE TO ASCERTAIN ALL THE POSIBILITIES OF SETTLMENT AND IF NOT POSSIBLE, THEN ONLY HE SHOULD PROCEED WITH THE MATTER FURTHER.

38)                     IDENTITY OF CLIENT AND PRESENTATION OF THE SUIT/PROCEEDINGS IN THE COURT: AS LIKE SYSTEM NOW PREVAILING IN THE REGISTRAR OF ASSURANCES, IT MUST BE ADOPTED IN THE COURT ALSO. THIS WILL DECREASE SUBSTANTIAL BOGUS AND FALSE SUITS IN THE COURTS, WHICH ULTIMATELY DECREASE THE BURDEN OF THE HON’BLE COURTS.

39)                     COURT FEES IS THE MAIN HURDLE IN THE ADMINISTRATION OF JUSTICE. EVERY FIELD CANNOT BE A SOURCE OF REVENUE. ON EDUCATION, JUDICIARY, AND OTHER ESSENTIAL THINGS, WE HAVE TO SPENT MONEY, WHICH WE HAVE EARNED THROUGH INCOME TAX AND OTHER TAXES.

40)                     GENUINE AND HONEST LITIGANTS COULD NOT GET JUSTICE ONLY BECAUSE THEY COULD NOT PAY COURT FEES. PARTICULARLY, IN APPEAL, THIS HAPPENS. THEREFORE, IT IS SUGGESTED THAT ENTIRE COURT FEES ACT AND ALLIED PROVISIONS MUST BE ABOLISHED AND CANCELLED.

41)                     HOWEVER, AT ANY RATE, THERE SHOULD NOT BE ANY COURT FEES OR CHARGES FOR FILING FIRST APPEAL.

42)                     IN PURELY MONEY SUITS (IN ANY WAY NOT RELATED TO IMMOVABLE PROPERTY) BASED ON NEGOTIABLE INSTRUMENT OR CHEQUE OR ANY OTHER REGISTERED DOCUMENTS, THERE SHOULD BE SOME FIXED COURT FEES: WHICH IS ADOPTED IN COOPERATIVE COURTS.

43)                     JURISDICTION OF THE COURT: THIS ALSO INCLUDE THE BAR CREATED BY THE STATUE. BAR CREATED IN SOME ACT REGARDING EXCLUSION OF JURISDICTION OF CIVIL COURT IS MAIN HURDLE IN THE WAY OF JUSTICE. IF A CIVIL COURT IS OTHERWISE COMPETENT TO DECIDE ALMOST ALL THE RIGHTS OF THE PARTIES, WHY IT IS NOT COMPETENT TO DECIDE THE TENANCY OR LIKE ISSUE. I MYSELF HAS EXPERIENCED THAT IN ONE MATTER A TENANCY ISSUE WAS REFERRED IN THE YEAR 1980 AND THE SAME REMAINED PENDING BEFORE THE SAID AUTHORITY NEAR ABOUT 25 YEARS AND THE SUIT IS RECENTLY DECIDED. THIS IS MAIN CAUSE OF PENDENCY OF THE SUITS IN VARIOUS COURTS.

44)                     EXCEPT MONEY SUITS, THERE IS NO QUESTION OF VALUATION FOR THE PURPOSE OF JURISDICTION. ALL THE SUITS SHOULD BE GIVEN TO ALL CIVIL JUDGE SENIOR DIVISION AND JUNIOR DIVISION ACCORDING TO TURN.

45)                     ONLY THE SUITS OF SPECIAL NATURE TO BE TRIED BY CIVIL JUDGE, SENIOR DIVISION I.E. SUIT AGAINST THE STATE, LOCAL BODIES, FINANCIAL CORPORATIONS, PETITION UNDER WORKMAN COMPENSATION ACT AND LAND ACQUISITION CASES AND ALSO IN BETWEEN MULTINATIONAL COMPANY AND INDIAN COMPANY/OR INDIVIDUAL AND MATRIMONIAL MATTERS. THE HIGH COURT MAY PRESCRIBE THAT PARTICULAR TYPE OF SUIT HAVING COMPLEX NATURE TO BE TRIED BY CIVIL JUDGE, SENIOR DIVISION.

46)                     IT IS VERY FUNNY THING THAT DISTRICT JUDGE IS CONTROLLING AND HIGHER OFFICER OF SENIOR DIVISION, THEN ONLY ON THE POINT OF PECUNIARY OR TECHNICAL REASONS, WHY APPEAL SHOULD LIE BEFORE HIGH COURT.

47)                     THEREFORE, IT IS SUGGESTED THAT AN APPEAL SHALL LIE FROM ALL THE ORDERS AND DECREES PASSED BY EITHER JUNIOR DIVISION OR SENIOR DIVISION, AS PER ORDER 41, 43 R/W 96 AND 104 OF CPC. TO THE DISTRICT COURT ONLY.

48)                     APART FROM THIS, IT IS NOTICED THAT SOME TIMES, TRIAL COURTS ARE PASSING SUCH DRASTIC ORDERS, WHICH HAS FAR REACHING EFFECT. HOWEVER, TECHNICALLY, IT MAY COME WITHIN PERVIEW OF INTERIM ORDER. AGAINST THE SAID ORDER, ONLY WRIT BEFORE THE HIGH COURT IS REMEDY. WRIT IS DISCRETIONARY REMEDY AND IT IS COSTLY REMEDY.

49)                     THUS IT IS SUGGESTED THAT ALL THE ORDERS PASSED BY THE TRIAL COURTS SHOULD BE MADE APPEALABLE U/O 43 RULE 1 OF CPC R/W 104 OF CPC, EXCEPT THE ORDER OF GRANT OR REFUSAL OF ADJOURNMENT.

50)                     PROCEDURE: AS SOON AS INTERIM ORDER IS PASSED, THE LEARNED JUDGE SHOULD ASK BOTH THE PARTIES, WHETHER THEY ARE INTERESTED IN FILING APPEAL? IF ANSWER IS YES, THEN XEROX AUTHENTICATED SET OF ENTIRE FILE OF TRIAL COURT BE GIVEN TO THE AGGRIEVED PARTY, FREE OF COST  AND BOTH PARTIES SHOULD BE DIRECTED TO APPROACH AND APPEAR BEFORE APPELLATE COURT WITHIN ONE WEEK. THE APPELLATE COURT SHOULD FIX THE MATTER FOR FINAL HEARING WITHIN TWO DAYS OF RECEIPT OF APPEAL AND ON THE GIVEN DATE, APPEAL SHOULD BE HEARD AND AS FAR AS PRACTICALLY BE DECIDED ON THE SAME DAY. NO ADJOURNMENT SHOULD BE GRANTED BY APPELLATE COURT AND IF ANY PARTY IS ABSENT, THEY MATTER SHOULD PROCEED IN THEIR ABSENCE. NOT ONLY THIS, NO NOTICE IS REQUIRED TO BE ISSUED, AND AS PER DIRECTION OF THE COURT, ALL THE PARTIES SHOULD APPEAR SUO MOTO BEFORE THE APPELLATE COURT ON THE GIVEN DATE WITHOUT FAIL.

51)                     THIS WILL DO VARIOUS THINGS. THIS WILL GIVE JUSTICE AND THERE WOULD BE CHECK ON THE TRIAL COURTS AND MATTER WILL NOT BE PROLONGED ON ANY GROUND.

52)                     ALWAYS, THE JUDGEMENT SHOULD BE PRONOUNCED IN OPEN COURT IN THE PRESENCE OF LAWYERS AND THEIR CLIENTS, IF POSSIBLE AND PRACTICABLE. AFTER PRONOUNCEMENT OF JUDGEMENT, THE JUDGE SHOULD PROVIDE COPY OF JUDGEMENT AND DECREE TO THE AGGRIEVED PARTY, FREE OF COST.

53)                     ALL THE ORDERS AND DECREES SHOULD BE STAYED, IMMEDIATELY AFTER PRONOUNCEMENT OF JUDGEMENT, FOR A PERIOD OF 15 DAYS, SO THE AGGRIEVED PARTY CAN APPROACH THE APPELLATE COURT. THIS SHOULD BE DONE IMMEDIATELY AND IF POSSIBLE, PROVISION MAY BE MADE IN THE CIVIL PROCEDURE CODE ITSELF.  THIS WILL AVOID UNNECESSARY HARRASHMENT OF EITHER OF THE PARTIES AND PREVENT UNNECESSARY ALLEGATIONS AGAINST THE JUDGE.

54)                     WHATSOEVER MAY BE THE NATURE OF THE DECREE OR ORDER, NOTICE MUST BE ISSUED TO THE OPPOSITE PARTY.

55)                     ALL THE OBJECTIONS RELATING TO THE EXECUTION SHOULD BE DECIDED WITHIN ONE MONTH.

56)                     CONTEMPT PROCEEDINGS MUST BE PROVIDED FOR BREACH OF AN ORDER AND DECREE OF THE COURT AND IT SHOULD BE TRIED AND CONDUCTED SEPERATELY AND IT SHOULD NOT HAVE NEXUS WITH THE MAIN MATTER. SO MAIN MATTER COULD NOT BE PROLONGED.

57)                     UNLESS SEPARATE FORUM IS PROVIDED, JURISDICTION OF CIVIL COURT SHOULD BE RETAINED.

58)                     SUITABLE AMENDMENT MUST BE MADE IN THE LAND ACQUISITION ACT, SO THAT ALL THE LAND REFERENCES SHOULD BE TRIED BY CIVIL JUDGE, SENIOR DIVISION AND AN APPEAL SHALL LIE TO THE DISTRICT COURT AS LIKE OTHER APPEALS.

59)                     ACTS RELATIONING VALUATION OF THE SUIT AND COURT FEES MUST BE DISLODGED AND ABOLISHED. IT IS EXPERIENCED THAT ON ACCOUNT OF PURELY TECHNICAL PLEA OF JURISDICTION, PECUNIARY OR OTHERWISE, MATTERS HAVE BEEN CONTESTED UPTO SUPREME COURT FOR NO REASON. SO THERE IS NO QUESTION OF VALUATION FOR JURISDICTION. ONLY TERRITORIAL JURISDICTION MUST BE THERE.

60)                     FOR MOST OF THE DISPUTES, POLICE INTERFERENCE IS RESPONSIBLE. CHAPTER PROCEEDINGS SHOULD BE MADE EXCLUSIVELY TRIABLE BY THE JUDICIAL MAGISTRATE, FIRST CLASS ONLY, AS THE POLICE ARE FREQUENTLY USING THE SAID PROVISION TO HARRASH THE CITIZENS. THERE ARE SO MANY JUDGEMENTS ON THIS POINT BY HIGH COURT AND APEX COURT.

61)                     THOUGH THERE ARE JUDGEMENTS AND JUDGEMENTS OF HIGH COURT AND SUPREME COURT, STILL SOME COURTS ARE EITHER VERY LIBERAL OR STRICT IN ISSUING WARRANTS. SOME COURTS ARE VERY RELUCTANT TO ISSUE WARRANTS AGAINST THE ACCUSED WHO IS ABSENT FOR SO MANY DATES AND EVEY YEARS TOGETHER AND PROLONGED THE MATTER. ON THE OTHER HAND, EVEN IF ACCUSED IS ONE MINUTE LATE, NON-BAILABLE WARRANTS ARE BEING ISSUED. SOME BALANCE MUST BE MADE BY ISSUING APPROPRIATE DIRECTIONS BY HIGH COURTS.

62)                     TECHNICAL THINGS LIKE COURT FEES, ETC. BAR OF JURISDICTION SHOULD NOT BE MADE HURDLE IN THE WAY OF JUSTICE.

 

 

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