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(Guest)

Chief justice suggests out-of-court settlement of cases.

 

On 12 November 2009, news posted in LCI that Chief justice suggests out-of-court settlement of cases.
 
For common men how far it is justified?  


Learning

 32 Replies

Swami Sadashiva Brahmendra Sar (Nil)     14 November 2009

In Allahabad High Court currently second appeals of 1977 and criminal appeals of 1981 are being listed for hearing. The Chief Justice is very tuff in considering an expedite application. one can imagine about turn of an appeal being filed today . A party should instruct his next generations to expect the hearing till the end of this century.

Till when a common man will depend upon courts and for what?


(Guest)

Dr.Tripathi ji,

I beg your pardon. What for courts? is it inefficiency of juidicial administration for handling of cases? If the out of courts settelments take place a right person can not get justice in this present india. Money and muscle power play vital role for setteling of out of court  cases.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     15 November 2009

Satyprakash is right.  And in the courts it is new trend go for compromise, because they want to get the rewards, LC jusdges because of the comrpomise they will get benefits and rewards and will be appreciated by the Admn., judge and chief justice.  And these both will evaluated to Supreme court. 

These compromise cases will be counted as if  they are comromised in lok Adalat.

1 Like

Adinath@Avinash Patil (advocate)     15 November 2009

 I AGREE WITH SATYA PRAKASH & RAJEEV.

Kiran Kumar (Lawyer)     15 November 2009

the system is changing both ways now....not all but a substantial part of litigation comes out of ego clashes...so on one side there is an effort to reduce litigation by promoting amicable settlement and simultaneously new appointments are being made as well as new courts are being established for early disposal of the matters.

 

as the target of 3 yrs limit for disposal of any case has been set, so in the next 2-3 years there will be big change in Indian Judicial system...rather the lawyers must be ready for a fast working.

 

in the last one year Punjab and Haryana High Court has achieved a distinction as far as disposal is concerned, the no. of decided cases was more than the filed cases.

 

the purpose of promoting amicable settlement is to make people more wise and aware of the final outcome of the judicial verdicts.

1 Like

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     15 November 2009

A DISPUTE IS NOTHING BUT NON-COPRIMISE OF PARTIES. IF COMPROMISE IS ACHIEVED NO CASE AT ALL.


(Guest)

I appreciate positive thinking of Kiran ji regarding future of our judicial system. The fact is if a right person gets injustice in out of court settelments what the sufferer has to do?

 

Hoping for the best of our future judiciary.

Anil Agrawal (Retired)     15 November 2009

 Cases go on increasing exponentially. Increase in number of judges and courts cannot keep pace with it. Dr. Tripathi is right. Hearing in the next generation. Decision in the next to next generation.

Isaac Gabriel (Advocate)     15 November 2009

Closing cases through Arbitration,Mediation,Conciliation and settlement shall reduce tension,unnecessary litigation,save time and money. Neverthless,it will leave courts to concentrate on matters requiring deep analysis. The lawyers too can increase efficiency instead of engaging in petty cases. Mr. Kirankumar has opined in correct perspective.

Anil Agrawal (Retired)     15 November 2009

 Should courts and judges be multiplied? Please read this:

Bombay was lucky or unlucky in having at this crisis a Chief  Justice of exceptional caliber, Sir Norman Mcleod, who instead of multiplying  Judges preferred to massacre suits and appeals. 



Anil Agrawal (Retired)     15 November 2009

Does litigation fascinate Indians? Is it clash of ego? Read this:

Ever since the Constitution of the Privy Council as the Court of ultimate appeal from British India by a Statuette of 1833, the bulk of its business was from Indian appeals.

Give consideration as to why the bulk of business was from India in days when there were no planes, it took months to travel to England. 

I am afraid no amount of judicial reform shall reduce the number of cases. It is all fairy tale.

Anil Agrawal (Retired)     19 November 2009

 In a country where the legislature and executive have failed miserably, the beleaguered people look up to the judiciary for succour. But if the judiciary is not above reproach thanks to the misdeeds of a few judges, what is the way out?

Answer: Dons.

Anil Agrawal (Retired)     19 November 2009

 Courtesy: www.merinews.com

A YOUNG Guwahati woman graduated in law and approached a senior woman advocate to guide her to an established advocate under whom she would begin her career. The senior woman advocate hesitated and warned the learner to be on guard while working under a man, her senior. Luckily, the matter ended there as the apprentice found a decent senior. Nonetheless, one Guwahati High Court advocate was arrested a few months ago for molesting a girl and rumours of the adverse senior-junior relationship assumed call-centre-like proportion in Guwahati.

Anil Agrawal (Retired)     20 November 2009

 Sheela Dixit settled it out of court.

Delhi HC slams Delhi govt over manu's parole
20 Nov 2009, 1536 hrs IST, AGENCIES
Taking exception to the way parole was granted to Jessica Lall murder case convict Manu Sharma, the Delhi High Court on Friday (November 20) pulled up the city government for giving preferential treatment to convicts having high connections. 



Justice Kailash Gambhir said that in normal cases the government takes three to six months to decide a parole application of a convict but in case of Manu Sharma it disposed off his plea within 20 days. 



"The list (regarding number of parole applications) depicts a dismal picture showing the government is giving least priority to parole applications of convicts. No doubt the home department has given selective treatment to some convicts because of their high connections," Justice Gambhir said. 



The court made the observations on a petition filed by Sumeer Singh, a convict in the Connaught Place shooting case, seeking parole for three months to file an appeal in the Supreme Court against his conviction on the ground that his family members were illiterate. 



The court, showing displeasure over the lax approach of the government, had on November 10 issued notice to the city government's Home Secretary to personally appear before it to explain the delay in dealing with applications of parole despite its clear directives in this regard. 



The court had on the last hearing on November 10 taken strong exception to the government not following its directions with regard to parole matters. 



"Already this court has given direction that the parole applications moved by the convicts be given due priority and the same be decided within a period of 10 days and it appears that the directions given by this court are being implemented more in violations than in compliance," the court had said. 



The high court had also directed the government to file a list of parole applications received by it so far this year. 



Sharma, who was released on parole from Tihar jail on September 22 on the ground of his mother's illness, was reportedly spotted in a nightclub in a hotel in the city, triggering a controversy. He then returned to the Tihar Jail on his own on Novemeber 10. 


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