Time limit for the disposal of the cases
Guest
(Querist) 25 September 2009
This query is : Resolved
For the disposal of civil and criminal cases there should be a certain time limit say five months or six months. Do you agree?
PARTHA P BORBORA
(Expert) 25 September 2009
NOT AT ALL. BECAUSE IT WILL LOWER THE QUALITY OF THE TRIAL
Jithendra.H.J
(Expert) 25 September 2009
some of the Hon'ble high courts setting the time limit to the trail/lower courts to dispose the cases (but to the old pending cases)
recently i read somewhere that additional attoreny general has stated that there will be no pendency of cases in India by 2012!!!!!!!!!
Governement is making all the efforts to speddy disposal of the cases by setting up fast track courts for senior citizens cases, cheque cases etc.,
and also setting up village courts! evening courts!!!!!!!!
some times when the justice is hurried will burry the justice, In india it is difficult to get copy of the documents( that too in rural areas!, to get the copies of the documents poor person has to move from pillers to post! )
in many courts there are no adequate staffs! many courts have to depend on one steno,
Government is a party in almost all the cases pending in India. the officials always seek excuses to appear and to lead evidence or to give instructions cross exmaination of the other party, or in supplying the copies of the documnets to the goverment pleader or to produce the documents.
but the soceity is blaming the lawyers!
Raj Kumar Makkad
(Expert) 25 September 2009
On the one hand "Justice delayed is justice denied" and on the other hand there should not be mere disposal of the cases and non delivery of justice. There should be a rational balance between these two. Infrastructure is not available, society is degrading and increasing the load over courts by making un-necessary litigation rather solving its own problems with mutual consent or with the intervention of family, society elders, panchayats, public representatives, religious leaders and so on hence we cannot expect the delievery of justice in all cases just within 5/6 months as suggested. Your hope is required to be welcomed.
Sachin Bhatia
(Expert) 25 September 2009
No there is no time limit set for the disposal of civil and criminal cases. But high courts gives directions from time to time to the lower courts to dispose off the old pending matters.
Kiran Kumar
(Expert) 25 September 2009
there is already a judgment on this issue by Hon'ble SC
pls check
Salem Bar Association, Tamil Nadu v/s Union of India case of 2005....its a SC judgment....its a must read judgment and has been dicussed various times on this website.
Sachin Ji, u can have access to
2005(3)Civil Court Cases 420; for rest i dont know whether they have access to this reporter.
and in pursuance to this judgment Hon'ble P&H high court has adopted Case Flow Managment rules...pls check them at
www.highcourtchd.gov.in
Kiran Kumar
(Expert) 25 September 2009
http://indiankanoon.org/doc/342197/
Kiran Kumar
(Expert) 25 September 2009
http://indiankanoon.org/doc/393527/
Guest
(Querist) 25 September 2009
Thank you Sarvesh Sharma ji. A dynamic and quick decision maker require for our judiciary.
I agree with you Jithendra ji. Justice to be done to the right person within time. Justice delayed is justice denied.
Rajkumar Makkad ji, Where there is a will there is a way.Many innocent persons are getting injustice.I feel present situation in our country justice shouldn't be delayed. If any manipulation, from top to bottom should be punished by removing permanently from the Bar or Bench.
Sachin ji, you are seeing present situation in our country.
Parthaprotim Borbora ji, I am sorry I don't agree with your opinion.
Thank you to all for expressing your valuable views.
Guest
(Querist) 25 September 2009
Thank you Kiran Kumar ji for providing valuable information.
Guest
(Querist) 25 September 2009
Thank you Kiran Kumar ji for providing valuable information.
Bhumik Dave
(Expert) 26 September 2009
Thanks a lot Mr. Kiran @ other ld.
adv. rajeev ( rajoo )
(Expert) 26 September 2009
Time limitation cannot be fixed for the disposal of the cases. Some times in contesting cases it may take long time.
O:Ne thing I want to tell u, quota system is introuduced, judges have to give disposals to earn their points, some times it is good and some times it is very bad. In a hurry to earn the points quality judgements are not coming. My personal opinion time limitation is not proper.
High courts are pressuring the lower courts to proceed with the case as early as possible and directing the courts to conduct the cases day by day, but what they advise they don't.
Sarvesh Kumar Sharma Advocate
(Expert) 25 September 2009
