yes nigam sir,

ofcourse we can call it travesty of Judiciary!

JUDICIARY HAS LIMITED RESOURCES TO GIVE A FINALITY TO LARGE NUMBER OF PENDING CASES. MOST OF THE CASES ARE FILED DAILY KNOWING FULLY WELL THAT, IT HAS NO MERIT.

courts should also be made sueable.

I totally agree about the travesty of justice.  in india the quality of judgments are very good but due to the delay in the justice delivery system, the best of the frutis have become sour.

it appears that the case  in mind pertains to cat jurisdiction.

there are govt. circulars that within the one year of date of retirement, the employee's final dues, his PF, Gratuity and Pension shall be calculated and on the last working day, the employee shall be given his PF and gratuity and commuted pension, if any.  but, no one has got it like that till today.

the problem with CAT is different.  first of all, the judiciary was in confused state, some times it said that appeal from CAT decision lies directly before High Court and later on changed the decision and said that appeal lies before Supreme Court and reverted back to original decision of High Court.  Now, appeal lies before the division bench of High Court.  but our judicial rules say, that any client crosses the age of 60 years, he is a senior citizen and his cases will be taken up on priority basis.  again, if that is so, the cases of retired personnel shall be taken up on priority basis.  even then, delay is happening in senior citizen's cases.

there are several reasons for judicial delays.  among them, the most important thing is a large number of vacant posts and secondly lack of infrastructure.  finally,judges are not allowed to sit on similar matters for a long time to avoid the breeding of corruption. it creates hurdle to the judges to acquire legal knowledge and latest case law, once he sits on new bench.  in the initial days of new bench, he completely relies on advocates and some of the advocates take him for riding and the net result is wrong judgments.  there are several reasons for travesty of justice and cannot be discussed on a single thread.  a long article is required to deal with this matter.   

Judiciary might be having limited resources. Number of Judges might be inadequate. However, what about inefficiency and insenstivity? Members must b aware of the fact that the Judiciary goes in deep slumber for a month in summer, despite AC court rooms and the vehicles and for a little less than a month in winter. Not only that, it has 5 days working per week. The insenstivity does not end here, it is also seen that the My Lords quite often attend to non judicial activities as well. Recently, some Judge had decided about more than 100 cases in a day, inviting wrath of the vested interests. Then, the Judiciary fails to act in cases of deliberate attempts by the Court Officers (Advocates) to linger the case, and thereby encourages delay and waste of court time. Irrelevant and baseless averment in the court by the COs are not discouraged. Concealment of material facts and False statements, submitted in the court, are not being treated as FRAUD inviting exemplary action. Different decisions and reliefs in similar petitions are also cause of wastage of time. Someone gets an interim relief, while in a similar case the other petitioner does not.

Judiciary should do away with the long leaves in summer and winter, start 6 days working, should entertain the litigants if the CO is absent due to any reason whatsoever, the litigants b heard,  should not print a long cause list but a reasonable number of cases b listed to curtail loss of man power-a national loss. In random cases the advocates, petitioner/respondent should be called and the case decided immediately and if need b the defaulter suitably taken up.................................................................................

Many similar other measures b adopted to liquidate pendency of cases.

"Different decisions and reliefs in similar petitions are also cause of wastage of time. Someone gets an interim relief, while in a similar case the other petitioner does not."

Bahot sahi kaha aapne Nigam ji...isnt this clearly in violation of Right to Equality which is our fundamental right and this also shows that the decisions are based on individual's discretion and there are no set of rules followed for reaching to a judgment...?

Another new problem on rise is that they have limited the age for doing LLB and also made it a 5-year degree with BA...generally people get trapped in litigations in their 30s and later, not before that. So, by the time they realize that they need to fight on their own and need to do LLB, the opportunity is no more available to them.

If I am an Engineer and wish to do LLB along with my demanding job, what choice do i have ?...and bcoz I have no way out, I am forced to depend on those who do not find it LUCRATIVE to get me justice early!

Should the process of judicial decision be codified and discretionary powers curtailed to the minimum?

Yes, I think in USA they are to strictly follow the guidelines and if they deviate from the regular process, they suffer strict actions too. In fact, they generally have a jury, a bigger panel to deal with difficult matters.

At least, they should be consistent about application of these laws in different states. If a particular state HC gives a decision much contradictory to SC then it should be dealt with seriously.

It is a common happening that for the same laws and same written rules, there is vast difference in implementation in different states...

Hav u had a similar experience?....pls share!

Yes! I can cite case Nos, but at the moment it wud suffice to note that genarally Courts pass orders for payment of gratuity with 10-12% interest with the ending line as NO ORDER AS TO COST, but in a particular case of some Professor of AMU (Mr Zaheeruddin Siddiquee, if my memory is not failing), various arguements were advanced by the Honble SC like, Had he done so and so with the amount 3 yrs earlier, he cud have doubled, tripled or quadrapled....................., and a compensation equal to the amount was ordered to be paid, ie. about 33% interest.on the gratuity.

OHHH....difference is really vast!

Similar thing happened with a close relative (though matter is very different), which shattered our confidence on justice!...the damage caused to him is irreversible.

But then I read laws, stood up to fight myself and by God's grace things did change in another matter.

So, in short such inconsistency sometimes provoke us to learn laws and fight for justice!

Sir, in this matter (the one in the heading of the thread), one can try Writ under Article 32 directly at SC, violation of fundamental rights along with "Right to Equality"...

Or approach HC under Articles 226 and 227 and then if no positive result, go for Article 32. Even speedy decision/trial can b sought for under article 226 and 227. OF course, this will also take a few years...