CrPC
Rovi Singh
(Querist) 14 July 2016
This query is : Resolved
Section 309 of CrPC gives the power to Judges to adjourn hearings. Due to this section, many cases get stuck and many people make cases weak. So, what improvement or amendment does this section need?
R.K Nanda
(Expert) 14 July 2016
Academic query.
Guest
(Expert) 14 July 2016
Mr. Ravi Singh, please intimate if you have the power to amend sec. 309? Why not you send your own suggestions to the Law Commission of India?
Rovi Singh
(Querist) 14 July 2016
P.S Dhingra: Is it possible to file PIL regarding Section 309?
Guest
(Expert) 14 July 2016
What do you expect to happen with your PIL, when you want to curb independence of judiciary?
Rovi Singh
(Querist) 14 July 2016
I am not against independence of judiciary. In fact, I want to see our judiciary to be strong. Though a common person like me can't even move the system an inch, I want to see what can be done by me.
So, should I go for PIL?
Devajyoti Barman
(Expert) 15 July 2016
Is it the court alone, the advocates and litigants are not responsible for protracting the litigation?
Post in Forum section.
Guest
(Expert) 15 July 2016
Mr. Ravi Singh,
Judges don't give postponement for their own pleasure. In almost all the cases, only lawyers become the cause of postponements. So, what your PIL will do to tame the delay-masters?
Only litigations cannot prove to be the remedy of all ills, more particularly in judicial systems. If you have some solid suggestions for the improvement of the judiciary system, you may send to the Chief Justice of India.
Rajendra K Goyal
(Expert) 15 July 2016
You can suggest to the law Commission of India.
Guest
(Expert) 15 July 2016
Rajendra ji,
Law commission and parliament may not be able to put embargo on the independence of judiaciary. Only internal instruction or subordiate legislation based on the practical experience of the judiciary can help more to the judiciary to curb undue adjournmwents.
Rovi Singh
(Querist) 16 July 2016
Indeed, adjournments are used by lawyers to either weaken the case or get more money from client but whatever the case may be, this problem must be curbed. Adjournments must be limited.
So far as independence of judiciary is concerned, it is not a hidden fact that our judiciary has become puppet of elites.
Judiciary hasn't still freed completely from the shackles of colonialism.
If I write any to Law Commission or to CJI, it is useless to expect that your suggestion would be taken for even a few seconds deliberation.
Shonee Kapoor
(Expert) 16 July 2016
There are various judgments which state that reasons for adjournment should be recorded. As a vigilant litigant, get the reasons mentioned in the daily order sheet. That would atleast fasten your own trial.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Guest
(Expert) 17 July 2016
Mr. Shonee Kapoor has rightly opined. Only the alertness of the litigant/opposite lawyer is necessary to get the reason properly recorded by the judge. There is no other way to curb the misuse of the provision of law.
Rovi Singh
(Querist) 20 July 2016
Adjournments should be limited to 4. In other words, adjournment can be requested 4 times only by plantiff or defendant.
