When do judges read the case matter
ks
(Querist) 30 November 2016
This query is : Resolved
Case of child custody is filed by my cousin. Till date he observed that Judge hardly reads the content and just asks few questions and then gives the next date.
He also came to know that Judges of India hardly spend 5 mins avg per case.
On a daily cause list list he sees almost 40 cases per day.
Now our questions are :
1) Whether they spare time to read the whole matter before giving interim or final judgement ?
2) If so, when do they get time to read the whole case matter if daily 40 cases are being handled by him ?
3) How do they remember the discussion happened at different dates ?
4) Will they directly talk to Petitioner or not ? ( Till date he talked only to the lawyer of petitioner. )
Please do not consider this query just as an academic one. My cousin is not a law student but the problem that he is facing is the cause of raising this query.
Rajendra K Goyal
(Expert) 01 December 2016
Decision is not delivered without reading the case file fully and deeply.
Judiciary is overburdened.
ks
(Querist) 01 December 2016
@Sudhir Sir : I understand but there is no other forum in India who can throw some light on formal / informal process of Judges in India.
So just asked with curiosity that if during court hours they don't read the matters and only hears the parties then when do they review the case ?
Being a layman we don't have idea. May be you experts being day to day touch of the Judges, might be having some idea so asked.
Guest
(Expert) 01 December 2016
Better Spend Some time and Read the Judgement and Decree of Various Cases which would make you Understand How much Time the Honorable Judges would have Spent in Studying the Case before announcing the Judgement.Do Not Make Comment which would be A Contempt.
R.K Nanda
(Expert) 01 December 2016
agree with experts.
ks
(Querist) 01 December 2016
@ Narsinmha Sir : Thanks for your reply. But my intention was not to make any contempt. Pls see following link.
http://www.firstpost.com/india/five-minutes-thats-how-long-a-judge-in-an-indian-high-court-spends-hearing-a-case-reveals-study-2717350.html
So we were surprised that if during court hours they do not get time, then when ?
Guest
(Expert) 01 December 2016
First Visit A Court And Follow up a Particular Case From Day One to the End.There are so many things Like Arguments,Written submission of arguments,Crossing the Evidence Etc.Your Comment is Out of Ignorance But Obviously A Contempt and Better stop This.
ks
(Querist) 01 December 2016
Okay....Noted Sir.
Kumar Doab
(Expert) 01 December 2016
Agreed with experts.
Hemant Agarwal
(Expert) 01 December 2016
My Perceptions:
1. Typically the court registrar (or any additional judge or himself) helps the judge in drafting out the judgement, BASED on the documents & roznama on record. The Judge would vet the same before affixing his approval and sign.
2. In the absence of above, the Judge excuses himself from the Board to confine himself to his Chamber, to dictate out the Judgments, AGAIN BASED on the documents & roznama on record.
3. A case logically cannot be carried out within the Tenure of a single judge, HENCE all judgments are BASED on the documents & roznama on record. Judges change, Court room changes, Lawyers change, Litigants change, Times change. BUT the law parameters do not change.
4. There is nothing here which could constitute contempt proceedings.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Guest
(Expert) 01 December 2016
The Fourth Line Statement Of Mr.Hemant Agarwal is Directly in Regard to my Statement.All the Queries raised by the Querist in regard to the Functioning of Court as well as Honorable Judges is Obviously Nothing but Contempt.
Guest
(Expert) 01 December 2016
No Court Registrar Would Assist/Help Honorable Judge in drafting the Decree and Judgements as Stated by Mr.Hemant Agarwal.
Guest
(Expert) 01 December 2016
Mr.Hemant Agarwal your Point One statement is Purely a False and Damaging Comment about Judiciary.Better Post your Real Address to send you a Legal Notice
Sudhir Kumar, Advocate
(Expert) 02 December 2016
in any case the query is only academic. no real problem faced by the querist.
Guest
(Expert) 02 December 2016
Whether it is Academic or Real any comment about Honorable Judges and Honorable Courts Should Not be Encouraged.
Guest
(Expert) 02 December 2016
How Mr.Hemant Agarwal is Stating that Court Registrar would Assist/Help the Honorable Judges in Drafting the Decree and Judgement.
P. Venu
(Expert) 03 December 2016
It is seldom that the final decision, on merits, is given in a single sitting; the very procedure and process helps the facts and issues to evolve, the judge is posted of the complete facts as well the legal aspects before the Court gives final decision. As such, the media report referred has stemmed from legal illiteracy.
It could be that many an opinion/suggestion from the author as well as the experts may not be in the right perspective, but it is too much suggest, in my considered opinion, that an action in contempt of court in warranted.
Guest
(Expert) 03 December 2016
Mr.P.Venu though you would not have attended Court cases being a Retired Govt officer the Point one statement of Mr.Hemant agarwal that Court Registrar would assist the Honorable Judge in drafting the Decree and Judgement is it Not A Contempt.You should Not make any Comment due to Lack of your Experience in Court Procedures.
Guest
(Expert) 03 December 2016
I also have a Doubt whether Mr.Hemant Agarwal is a Qualified and Practicing Advocate basing on his Reply in this Thread.
Guest
(Expert) 03 December 2016
Mr.P.Venu why dont you Justify that there is No Contempt in the comments of Mr.Hemant agarwal as well as the author KS in their statements,
Guest
(Expert) 03 December 2016
Mr.P.Venu first Understand you are Not a Judge here and Better Post your Justifications for your Statements.Which would be Replied Legally.
Guest
(Expert) 03 December 2016
More Over Mr.P.venu you had Posted a Message to Provoke Mr.Kumar Doab in regard to Mr.Dhingra both Senior advocates and Now their Misunderstanding is growing Every day and whether it is an wise man's Act.
Ms.Usha Kapoor
(Expert) 02 July 2018
Agree with Venu and hemant agarwal.
