Hi,
Is it true that for disposal of appeal, it takes 5 years in High Court.
Tajobsindia (Senior Partner ) 27 September 2012
Let us place here a superlative eye opener now;
Of the 60,000 cases pending in the Hon'ble Supreme Court, the oldest one was filed nearly 36 years ago and is a standing example of justice delayed being justice denied. The original petitioner of the 1976 case is now dead and so is his son, while his grandson is said not to be interested in following it up as he is not actively involved with the Arya Samaj, subject of the case.
The next date of hearing has not been fixed. Nor has one been set for the second oldest pending case, filed in 1986, which is waiting for a decision on the size of a Constitution Bench that would take it up.
Nandha (NIL) 27 September 2012
@tajobs,
Interesting! would appreciate if you could cite the case name here and some details about the case.
Thanks
Tajobsindia (Senior Partner ) 27 September 2012
Why J ? Would you like to interject yourself in previous quoting or below onece that you are taking a pot shot on sad state HOPE of liitgants!
Age 35+
Case: Arya Samaj Education Trust versus
Dispute started: 1973
Filed before SC:
Present status
Pending, next date not fixed
Last listed on:
Issue: Whether Arya Samaj Educational institutes should be treated as institutions run by minority community
Petitioner: Jyoti Prasad Gupta, died 1997
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Age 26
Case: Central Board of Dawoodi Bohra Community versus State of
Dispute started: 1949
Filed before SC: 1986
Present status
Pending, next date not fixed
Last listed on:
Issue: Whether head of the Dawoodi Bohra community has right to excommunicate members
Petitioner: Asghar Ali, Engineer, now age + 73
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The wheels of Indian justice grind slowly, but there are times when they don’t move at all — as has happened with the record-breaking case of an erstwhile Bengali royal family’s proverty. The matter, which is now in the Calcutta High Court, has been pending for 175 years, making it perhaps the country’s longest-running case.
The property belonged to Raja Rajkrishna Deb, a 17th-century landlord of Bengal’s Shovabazar royal family. Now, the Raja’s descendents — some 200 of them — are demanding it.
The stakes are high — some seven mansions in north Kolkata, nearly 100,000 acres of land in what is now Bangladesh, large tracts of land in at least three districts of West Bengal, and half of erstwhile Sutanati, one of the three villages that make up modern Kolkata.
But all this is still in the hands of a court-appointed receiver. “We are kings in name only. There is no money even to take care of the temples and do puja,” a descendent of the raja told TOI. Incidentally, the Shovabazar Durga Puja is an institution in Kolkata.
The problems began when Raja Rajkrishna Deb died in 1823, bequeathing his estate to his seven surviving sons. But the sons started selling off property to fund their luxurious lifestyles.
The matter first came to court in 1833, when an executor of Rajkrishna Deb’s will lodged a case to try to stop the sale. After pondering the case for 22 years, the judges appointed a British lawyer to oversee the property and the case dragged on.
Now the heirs want it back but legal experts say it won’t be easy for the high court to take a decision on a case file that’s been gathering dust for nearly two centuries. National and state boundaries have since changed and a substantial portion of the land once owned by Raja Rajkrishna Deb is now in Bangladesh.
Chandra Shekhar (Sdc) 28 September 2012
Dear Tajob sir,
We thank you very much for providing such great information to this forum readers.
With best regards,
G.Chandra Shekhar
G. ARAVINTHAN (Legal Consultant / Solicitor) 28 September 2012
will these delayed justice is necessary for the society..
Will you think these judgments will change the society?
Tajobsindia (Senior Partner ) 28 September 2012
Originally posted by : Aravinthan S/o Ganesan |
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Nandha (NIL) 28 September 2012
@tajobs - thanks for the details.
Recently i came across a strange case of one of my colleagues, whose parents divorce case is still pending. Case filed in 1980 when he was studying LKG. Her mother was given Rs.200/- p.m (Two Hundred only) as interim maintenance by the family court in 1980 for him and his mother and she is still receiving the same amount even today. She did not contest as she was not properly guided those days. Later, when my friend tried to retrieve the file some 14 years ago from the court, but it was reported that the file was missing!!
Is it possible to make a case file disappear? Is there any chance to get justice to this old lady.
Nanda
Tajobsindia (Senior Partner ) 29 September 2012
Originally posted by : Nandha |
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Recently i came across a strange case of one of my colleagues, whose parents divorce case is still pending. Case filed in 1980 when he was studying LKG. Her mother was given Rs.200/- p.m (Two Hundred only) as interim maintenance by the family court in 1980 for him and his mother and she is still receiving the same amount even today. She did not contest as she was not properly guided those days. Later, when my friend tried to retrieve the file some 14 years ago from the court, but it was reported that the file was missing!! |
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