Are the advocates responsible for the delay ?

yes you are right, its not the lawyer to be blamed for the delays.

the poor infrastructure, incompetent judicial officer and lengthy procedure, lack of judges etc, all are responsible for the delay.

if a court has to decide a matter it may decide even in the absence of lawyer and even on merits.....but the burden is shifted on lawyers.

the whole legal system is required to be restructured and reformed.

we all can observe a Rent Controller or a MACT are tribunals but still the powers have been given to the already existing courts when there should have been separate infrastructure for all such type of litigation.

ultimately restructuring of Indian Judicial System is needed.....

You are right kiran kumar,the whole system needs to be reformed.I have personally heard a HC judge asking a senior lawyer if he wants his case to be heard quickly while the juniors were waiting desperately for their turn.Judges have a big role in delaying cases

Infact more than advocates

Hi,

I am really impressed with the message given by Mr. Kiran Kumar. yes it is true that incompetent judicial officers are the main reason for the delay in our judicial system. it is unfortunate that some judicial officers are passing orders without even properly reading claim statement and counter statements some times delibeartely even though they have all the time in the world, such kind of orders will burden our judicial system, which is aleady over burdened. the main reason for this is we don't have effective and proper system to address this particular irresponsible act of  judicial officers. Hope new bill from central will  check this kind of irresponsible act on the judicial officers with more accountability and transperancy which is very badly needed to increase public trust on the judicial system.

I appeared for my own case as Complainant in Consuemr Court, recently. I found that all the pretrial work is assigned to the Registrar, who is having no knowledge of legal matters. After compliance with pretrial requirements, when the matter was placed for hearing before the bench, the Bench had their own version and found that the pretrial work is incomplete and the President openly criticised the Office of the Registrar. The matter which could have had a hearing was thus postponed and adjurned, for inefficency at the administrative leve.

There is a funny notice put up in a Court, which says that if you find your case missing  from the Board, report the matter in the Office.  It takes almost half a day to locate case file  in the Office and gertit listed.The matter gets subsequenly listed on the Board as last. This is not only my experience, but as the notice suggests, it is the experience of many more.

Judges are humans and Advocates are humans and get tired soon in the day. It is the system that causes delays. Delegation of CALLING WORK to the junior judges and TRIAL WORK to senior judges is now required in order to minimise delays. Judges should fix dates according to the advocates convenience and pre-lunch and post-lunch sessions in the Case bundle before fixing dates of hearings. At present in many courts, cases listed for trials are taken up after the calling work is over (after 12.30 p.m. or so) by the time judges noting down the proceedings in about 100 case bundles get exhausted and unable to concentrate more on trials, Advocates and Witnesses get exhausted by watching the (unrelated/mechanical) proceedings. My idea may be good particularly for TRIALS (examination of witnesses) that can start right from 10.30 a.m. itself and witnesses also would be let free soon in the day.

My another suggestion is that for every adjournment, it shall be mandatory to file Adjournment Petitions. NO ADJOURNMENTS shall be allowed by just oral asking by the Counsels. It will enable the parties to count number of adjournments taken by both sides in a single case and the litigant-public will get confidence of our justice system.

Most of the delay happen due to the errors committed by the court staffs and on much occasions, clients wont give instructions or absent.

eventhough, i do not belongs to legal professionals,my experience on a visit to a HC astonished me.

It was noticed that during a normal day about 200 to 300 cases comes for admission.

I wonder as to how the gentleman sitting as a judge ,decides whether to admit a case or not with in seconds or hardly in a minute or so.

i think everyone concerned with the system should tried to dissuade people from approaching courts on trivial matters.

I know it is very difficult to define a matter as "trivial" as many a time my "issues" may be trivial to you and your issues may be trivial to me.