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gdk (student)     27 September 2012

Time

Hi,

Is it true that for disposal of appeal, it takes 5 years in High Court.



Learning

 8 Replies

Tajobsindia (Senior Partner )     27 September 2012

Let us place here a superlative eye opener now;

Of the 60,000 cases pending in the Hon'ble Supreme Court, the oldest one was filed nearly 36 years ago and is a standing example of justice delayed being justice denied. The original petitioner of the 1976 case is now dead and so is his son, while his grandson is said not to be interested in following it up as he is not actively involved with the Arya Samaj, subject of the case.

The next date of hearing has not been fixed. Nor has one been set for the second oldest pending case, filed in 1986, which is waiting for a decision on the size of a Constitution Bench that would take it up. 

Nandha (NIL)     27 September 2012

@tajobs,

 

Interesting! would appreciate if you could cite the case name here and some details about the case.

 

Thanks

Tajobsindia (Senior Partner )     27 September 2012

Why J ? Would you like to interject yourself in previous quoting or below onece that you are taking a pot shot on sad state HOPE of liitgants!

Age 35+

Case: Arya Samaj Education Trust versus Delhi Directorate of Education

Dispute started: 1973

Filed before SC: June 9, 1976

Present status

Pending, next date not fixed

Last listed on: April 19, 2005

Issue: Whether Arya Samaj Educational institutes should be treated as institutions run by minority community

Petitioner: Jyoti Prasad Gupta, died 1997

--------------------

Age 26

Case: Central Board of Dawoodi Bohra Community versus State of Maharasthra

Dispute started: 1949

Filed before SC: 1986

Present status

Pending, next date not fixed

Last listed on: April 12, 2005

Issue: Whether head of the Dawoodi Bohra community has right to excommunicate members

Petitioner: Asghar Ali, Engineer, now age + 73

--------------------------
The wheels of Indian justice grind slowly, but there are times when they don’t move at all — as has happened with the record-breaking case of an erstwhile Bengali royal family’s proverty. The matter, which is now in the Calcutta High Court, has been pending for 175 years, making it perhaps the country’s longest-running case.


The property belonged to Raja Rajkrishna Deb, a 17th-century landlord of Bengal’s Shovabazar royal family. Now, the Raja’s descendents — some 200 of them — are demanding it.


The stakes are high — some seven mansions in north Kolkata, nearly 100,000 acres of land in what is now Bangladesh, large tracts of land in at least three districts of West Bengal, and half of erstwhile Sutanati, one of the three villages that make up modern Kolkata.


But all this is still in the hands of a court-appointed receiver. “We are kings in name only. There is no money even to take care of the temples and do puja,” a descendent of the raja told TOI. Incidentally, the Shovabazar Durga Puja is an institution in Kolkata.


The problems began when Raja Rajkrishna Deb died in 1823, bequeathing his estate to his seven surviving sons. But the sons started selling off property to fund their luxurious lifestyles.


The matter first came to court in 1833, when an executor of Rajkrishna Deb’s will lodged a case to try to stop the sale. After pondering the case for 22 years, the judges appointed a British lawyer to oversee the property and the case dragged on.


Now the heirs want it back but legal experts say it won’t be easy for the high court to take a decision on a case file that’s been gathering dust for nearly two centuries. National and state boundaries have since changed and a substantial portion of the land once owned by Raja Rajkrishna Deb is now in Bangladesh.

Chandra Shekhar (Sdc)     28 September 2012

Dear Tajob sir,

We thank you very much for providing such great information to this forum readers.

 

With best regards,

G.Chandra Shekhar

G. ARAVINTHAN (Legal Consultant / Solicitor)     28 September 2012

will these delayed justice is necessary for the society..

Will you think these judgments will change the society?

Tajobsindia (Senior Partner )     28 September 2012

 

Originally posted by : Aravinthan S/o Ganesan

 


will these delayed justice is necessary for the society..
Take: You mean that Court first decides if society needs a judgment or not!

Will you think these judgments will change the society?
Take: After above decision Court says not to decide on it and then keep it pending since society will not change if it ever gives a decision!

Fantastic, I experienced that; Law follows society but I'm forced to hear for the first time society is following Law.

Again fantastic it is to hear all these modern interpretation of Law. So in same breadth Bhopal Gas Victims cases should be given decent burial in records room of the Courts of Records - right Sir
J

 

 

Nandha (NIL)     28 September 2012

@tajobs - thanks for the details. 

 

Recently i came across a strange case of one of my colleagues, whose parents divorce case is still pending. Case filed in 1980 when he was studying LKG. Her mother was given  Rs.200/- p.m (Two Hundred only)  as interim maintenance by the family court in 1980 for him and his mother and she is still receiving the same amount even today. She did not contest as she was not properly guided those days. Later, when my friend tried to retrieve the file some 14 years ago from the court, but it was reported that the file was missing!!  

Is it possible to make a case file disappear? Is there any chance to get justice to this old lady. 

 

Nanda

 

 

 

Tajobsindia (Senior Partner )     29 September 2012

  

Originally posted by : Nandha

 

Recently i came across a strange case of one of my colleagues, whose parents divorce case is still pending. Case filed in 1980 when he was studying LKG. Her mother was given  Rs.200/- p.m (Two Hundred only)  as interim maintenance by the family court in 1980 for him and his mother and she is still receiving the same amount even today. She did not contest as she was not properly guided those days. Later, when my friend tried to retrieve the file some 14 years ago from the court, but it was reported that the file was missing!!  

Is it possible to make a case file disappear? Is there any chance to get justice to this old lady. 
Take: Very unfortunate brief before us. First tell us if your colleague’s father alive after 32 years / grandparents alive from father's side + father's current address known? If yes, then the case can be put on fast track and donot worry all disappeared files shows up or are reconstructed in best interest of larger public policies and this is 'just' the case.  
However, you seems to be from working salaried class, you talking of a colleague so it is but natural your colleague is also now working and earning a income and read these two together if this is a case of your colleague then mother would be in grey side of 50’s and father may be approaching 60’s and probably might have already got re-married and this colleague may have step-cousins – colly. right. Now donot miss-interpret and ask me to chew @ Aravintan's word of wisdom which offcourse I did rebutt above but still this nagging but is in my mind.

How to remove this BUT any ideas?  

Re-read this large para you will get to where I’m leading you to now.

 

 

 

 

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