Rajendran Nallusamy (Advocate) 18 March 2008

Delay in judicary

What do you think can be done to reduce the dealy in judicial proceedings?

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10 Replies

Guest (n/a) 18 March 2008

Litigants and advocates shall opt Conciliation and Arbitration process for resolving disputes.

Prakash Yedhula (Lawyer) 18 March 2008

In India the biggest litigant is the Government. Unless there is a shift in the bureaucracy in having a pragmatic approach towards legal issues, courts would be flooded with litigation.

sreekumar (lawyer) 21 March 2008

To avcoid delay in judicial proceedings first thing to do is to see that the courts function full time. The timing of the Court now itself must be changed. Now the courts in Kerala are functioning from 11 to 2 and 3 to 5 . In most of the court evening session will not be serious, and in the morning rollcall itself used to take two hours. So there no time to take evidence of the cases and often we see adjournment of the cases. The timing of the court must be made 10am to 1 pm and 2 pm to 5 pm . Then a large number of the cases can be disposed off, and delay can be avoided.

Rajesh Kumar (Advocate) 23 March 2008

The fundamental problem is lack of accountability in the litigant itself- people, including government file cases for no rhyme or reason. Even if they do not win the case, at least they have a satisfaction to harass the defendant through judicial delays. Actual cost must be imposed after every judicial order on the guilty party. It must be mandatory for the courts to impose cost. The cost must cover the actual cost of litigation. When such cost will be imposed- the litigants will be careful in filing only genuine petition in the court, the courts will have time to examine the petition on merits and people will have more faith in the judiciary. I pity sometime when a litigant receives a "exemplary cost" of Rs. 10,000/- after 20 years of litigation! Such provision is not being passed to save the government who is known to file frivolous petition in all matters. Further, for any governemnt of the day, filing frivolous petition is a source of power to harass- which no government wants to loose.

davinder (advocate) 25 March 2008

the laws sometime sleep,they never die. the numbers should be increased and on line court be established.

davinder (advocate) 25 March 2008

the laws sometime sleep,they never die. the numbers should be increased and on line court be established.

Rajesh Kumar (Advocate) 26 March 2008

Davinder is right- law sometimes sleep, they never die. It is just that the litigant die. There is an intresting Section in Cr.P.C.- it syas that no person shall be prosecuted for the same offence twice. It just occured to me that it is not possible to prosecute a person twice in his single life time.

Guest (n/a) 02 April 2008

I am a lay man. Since I have been force to entangle in civil litigation for last 21 yrs. And as such my opinion is that if we ask a person to file an affidavit at the time of filing of case, showing the detail of cases filed by him or pending against him, to unable to know whether a person is not misusing the process of law.And thereafter, before Register the case the court must apply its mind afterperusal of contents of the affidavit.

TSBehera (n/a) 06 April 2008

There is Limitation Act for cases to be initaited,but strangely there is no limitation by which cases to be disposed off.Yes large number of cases are for and by the Govt. it reflects the naure of governance.If governance is good lesser the cases. Moreover ,there is no accountability of courts for expedious disposal of cases,what they know to run over by giving dates and adjournments suiting the accused or the culprits of Civil suits or Criminal suits by their highly paid lawyers.The persons affected are the genuine litigants,they even don't see the justice done to their cases in their life time.