25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mallika Nawal (Advocate )     16 August 2012

Delay in case listing

Dear Forum Members,

My writ petition was last listed in March. However, since then 5 months have passed and my case is not coming up for hearing, despite my lawyer filing in memo after memo. I need advice on the following points:-

1) Can a petitioner submit a personal application for an early hearing to the Chief Justice?

2) What can be done to get the case listed for an early hearing?

I read the Delhi High Court rules and the general guideline for delay is that it should not be more than 3 months. However, it's been 5 months now. If there is further delay, can I approach the superior court for relief?

Looking forward to hearing your views.


Best regards,

Prof. Nawal 



Learning

 6 Replies

Dr.Chandran Peechulli (Chief Consultants)     16 August 2012

 

A Case Study: speaks of the reality in courts COMMON PEOPLE SUFFERS WITHOUT JUSTICE. They are for the influenced and the muscle powered elements in society.

From: Chandran Peechulli <chandranpeechulli@gmail.com>

Date: 1 February 2010 19:39
Subject:
Ex-serviceman's C.C,No.827/06/ Cheque-bounce Case: Justice is in the air.
To: presidentofindia@rb.nic.in, pmindia@nic.in, secyvp@nic.in, cvc@nic.in
Cc: secypg@dpgcs.delhi.nic.in, neetu_bhatia@alum.mit.edu, govsec@tn.nic.in,
cs@kar.nic.in, cso@kar.nic.in, lci-dla@nic.in,kiran@saferindia.com,                             support@corruptionmonitor.com,

 

Advocates are very well respected in UK./ U.S. and elsewhere, unlike in India. India is densely populated and though there could be cut-throat competition within, they started to look for short-cuts, earning fast and invisible money, while no receipts given for fees paid to advocates. Advocates therefore collude, betray and harm their clients, put in a state of confusion, as to which advocate to be approached, for sincere professional services, to know of loyalty rating, since well read and traveled person also suffers, if so, what about the common man?  

e.g. C.C,No.827/06/ Cheque-bounce Case: After filing the suit, it has taken six long months for the case to be numbered, despite reporting the matter to the PA to CJI, Madras High Court, after lapse of 4 months, gave feedback as was necessary, to the administrative machinery mechanism, who guided to see the Magistrate Incharge in 4th Court, but he was turned-back saying shortage of magistrates, since holding additional charges, assuring to wait for some more time. Alas, numbered C.C.No. 827/06/, thereafter Case was dragged with liberal adjournments and loopholes in

law, to help the accused getting medical certificate and abstaining from attending court hearing- dates, simultaneously applying delay tactics, as advocates can expect more from the accused rather than the petitioner,this is in the Police Station scenario as well. Complainant’s mindset for collection, who is on a spree to recover his lost hard-earned money. They make the petitioner fed-up and stop attending courts, so that they could grab more from the accused. In this case Advocates collude, saying there is a fast-track court within the Saidapet-Court complex, connives with the bench clerk there, addresses the grievances to presumably a senior retired judge, that the accused is prepared to pay 50% of the due amount(30-11-2007) rest within 2 (two) months i.e. 26-02-2008,and makes both the petitioner and the accused to sign, later they disperse, but the accused delay balance payment, neglect to come to the court, so harassment and humiliation continues. As per the decree, EP has to be filed for claim of the balance amount, at that stage also, the accused is favored, therefore the complainant changes the advocate to a lady advocate Mrs.Anuradha to file EP, a situation is then made that the EP is not accepted in EP Section but returned. Reports to Member-Secretary, Legal-Aid Services Authority, who asks to bring the advocate, or the papers, so that he would ask another advocate to attend. She returns back my papers as per her hubby's (who is also an advocate) advise. Since Member Secretary is a senior and busy person, time rolls off in the corridor of the Legal-Aid Services Authority. Therefore, contacted another advocate in my living area who assured to sincerely help, His filing my papers for EP, was also returned by the EP Section, saying that "only civil cases are entertained for filing EP and the origin of my case is a cheque bounced criminal case under the N.I.Act." My present advocate Vijaya Balan, alas succeeded to get my EP numbered. It took 20 long months for the EP filing and numbering. Adjournments followed, next hearing 5th February 2010. Live with hopes for the return of my money parted on 10th Sept.2004. It would be wise to view money value, now and then, time, efforts and money further spent for the recovery. Cheating has become “business” owing to delay in judgement and in the process of claim the accused is better-off than the aggrieved complainant.

Advocates in general, litigant public and all associated know that they don’t follow a descent dress-code and don't follow professional code of ethics, they manhandle magistrates, clash with police, damage government properties, strike without notice, sit dharna, boycott courts etc. They wear sandals or even bathroom chappals (rubber), seldom wear shoes. All unruly behaviour of advocates, these post-graduates section in the  eye of the public, seen in TV, knows through Radio, read through Newspapers etc. I still doubt, whether  it’s their clerks or their well-wishers(of different category), or suspected part-time employed hooligans, that bring a scary state of affair, within the common community/people. 

Mallika Nawal (Advocate )     16 August 2012

Dear Forum Members,

My writ petition was last listed in March. However, since then 5 months have passed and my case is not coming up for hearing, despite my lawyer filing in memo after memo. I need advice on the following points:-

1) Can a petitioner submit a personal application for an early hearing to the Chief Justice?

2) What can be done to get the case listed for an early hearing?

I read the Delhi High Court rules and the general guideline for delay is that it should not be more than 3 months. However, it's been 5 months now. If there is further delay, can I approach the superior court for relief?

Looking forward to hearing your views.


Best regards,

Prof. Nawal 



 

Well Wisher (analyst)     16 August 2012

 Funny shows goes on in court in India,

Where the sufferer suffers and the culprit enjoy the show ..

General fashion used by accused in the courts are.

1, Not attending the first hearing and silly bailable warrant will be used which can be recalled in just few seconds paying small penny.

2.Second hearing the opposite advocate will rasie very silly point and next date is mentioned.

3.Accussed will again not attend the court,

4.Head cleark or Judge missing on leave and next date.

5.opposition advocate will again raise a silly point and next date.

6. Opposite advocate will be sick and next date.

7.Accused sick and next date.

8.still sick and present a medical  certificate and next date.

9.Examination of the sufferer and next date.

10 opposite advocate will ask raise silly point and ask if the suffer has show the money in Income tax and next date.

11.If suffer has shown in IT then safe and he has to submit docs and next date.

12.Culprit examination and next date.

13. opposite advicate silly counter that cheques are fraud and any proof of payment is not meaning full next date.

14.Judge will wake up and final warning for payments .

15. culprit not attend the court and next date.

16 Judge serious and next date.

17.Opposite advicate counter with some sillly counter like why did you give paymet why you started case after so many days.

18 Judge will warn oppsoite person and his advocate and next date.

19.Finally culprit tired of roaming courts for 3 to 4 years agree to pay.

20 Case solved and again sufferer behing culprit for paymens.

 

20 Judgement and a each hearing date after 45 days so see my suffering watching this i had stop giving payments to any one may be he is dying,,and also i have stop letting lease my commercials,

Sad thing of Indian court colour....

SACHIN AGARWAL (ADVOCATE)     16 August 2012

It is shown by the Government that major steps are being taken for prompt justice and it looks nice on papers but in fact there is nothing. No major step has so far been seen for early step. It is the parties who fed up from the Court Procedures and finally they settle the disputes out of the Court and the credit thereof goes to Lok Adalats. But in fact in Courts there is the harassment of parties at every step.

Well Wisher (analyst)     17 August 2012

If courts process are speedy then the government and politicans will be more effected then normal people.

 

NK

JANAK RAJ VATSA (ADVOCATE)     17 August 2012

there is no denying the fact that the legal processes are time consuming and all litigants are not able to sustain same either financially or morally. lok adalats are a good avenue for expeditious disposals.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query