Judgments should NOT violate the law. This happens in a number of inheritance cases where respondents do NOT appear in court and judgments are pronounced in favour of petitioner. The constitutional position is in my view very simple - "assets of an individual may NOT be given to another". This is specifically in all legacy property cases and in many of them the respondents are constrained to keep away from court and the properties are handed over to petitioner for administration, and as administrator the petitioner now cheats. If the legacy assets are handed over to Asset Management Company for administration then petitioner has no opportunity to cheat. The legal society should look at this aspect and NOT wait for few decades to correct legal errors.
This is from my personal experience recently.
A well written article, covering a lot many ills of Indian judiciary. Congratulations.
Nice attempt. First of LAW OF PERJURY should be stricter and be enforced. Lies not allowed. Obtaining certified copies of orders is duplication of work and should be minimized. The day the order is pronounced in the court, copies should be available by same or next day. Task force of judges should be made to complete pending cases. Multiple cases of same parties and same cause of action are not merged or remain to be merged for several years. Govt is one of main litigant, it has to re-look. I have been fighting in courts for last 40 years for self and on behalf of my companies( being LL.B and CS). Judges have powers to do many things suo moto but they lack courage. When ever a Judge would fine defendants for delay or absence, the lawyer of plaintiff will pocket fine-amount and if plaintiff pays fine for some reason, the plaintiff has to bear. Lawyers agree initially at one fee and after some time start asking for daily appearance. They have become shameless, thick skinned and are just after money and count how many cases they get ADDITIONALLY AND COMMIT 200 or even more cases and sent their juniors to take date. Departmental e.g. customs and income tax adjudications are most of the times biased in favor revenue collection. Apart from Law. enforcer to be purged.
A GOOD PERSON CAN MAKE BEST OUT OF WORST SYSTEM AND BAD PERSON CAN WORSEN THE A BEST SYSTEM
Its good article but in a country like India where favourtism pervails.
Good Article.However drastic measures are not necessary.Even if the law in existence is followed,the efficiency would improve.The amendments in CPC made to achieve efficiency in court procedures is equally applicable to all branches of law including labour laws.CPC permits only three adjournments during whole matter.Evidence by Affidavits is prescribed.Why all evidence Affidavits of a party can not be filed on a single day and matter posted for cross.Why cross can not be conducted by commissioner,so that all cross can be completed in a day.The arguments must be in writing and restricted to issues.More opinions by lawyers and other concerned should be expressed,so as to make system effective.
If it is implemented it will pay good result
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