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Devakrishnan (Consultant)     16 April 2011

Faster Justice for Sr. Citizens?

hi friends

Is there any provisions or rules for Sr. citizens to get faster justice in civil maters?



Learning

 4 Replies

akash kapoor (*************)     16 April 2011

No it is entirly on court discretion.

suguna prasad kalvala (advocate)     16 April 2011

hello   court may conseder the age as JUSTICE DELAYED IS DENAIED

R C Nigam (xxxxxxxxx)     17 April 2011

Only court's discretion.

This discretionary power must b replaced by codification to curb favoritism. Will someone take the initiative? Shall the court itself sensitise itself? In many a cases it acts and takes cognizance of itself, only on a news paper report, but rejects a petition on flimsy grounds. All these dps must go and a codified procedure b laid down, except in rare of the rarest cases. Some times the court is moved 2 d extreme and showers bounty but generally-NO ORDER AS TO COST- why no order, no body can ask. There r 1001 cases where the petition is declared time barred, but there r cases, filed 10s of years after limitation period is over and the court is pleased to say that the substantive justice is in his favor and the judiciary should not keep itself bound to the Rule Book. All such aberrations of the system must b addressed by codification.

Jamai Of Law (propra)     17 April 2011

It is court's discretion!

 

Backlog of cases is such that if such a kind of discretion takes a pattern/trend, then all other litigants would have to wait until they become Sr. citizen!!!!

What if opposite party is not a Sr. citizen? 

Isn't it like giving a preference to him leaving aside other cases having the same aged litigants.

 

 

 

Proper justification alongwit elaborate excuse and actors and factor beyond one's control which caused the jumping of time limitation results in 'condonation of delay'.

 

 

So it should depend on case to case, just by looking at the extent by which time limitation was exeeded and 'comparing that to decision whether delay was condoned or not' may not be appropriate.

 

 

Here discretion fo court may not be challenged like .... 'if court did condone the delay of 5 years in many other cases ..........then why is  it refusing to condon the delay of just 4 months in our case!!!!!'

 

 

'Condonation of delay', 'stay of execution' etc etc are discretionary areas ..................... and there is no hard and fast rules

 

It checks the substantive justice as well as impact of it on DH as DH has already won the verdict in its favour and DH be deprived of the fruit of the judgment?

 


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