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  • Category: Miscellaneous

    Whichever course it follows, law will take its own time

    How many times have you heard the phrase "Law will take its own course" uttered by politicians and alleged criminals? They used this phrase at random to make us believe how honest they are. Now every litigation has its own process and it takes some time to complete the whole process from filing the case to the final judgement. At times the time taken to resolve a case becomes so long that the litigants turn very old to even move properly. Of course in those cases, their representatives do attend on behalf of them but a few of the cases are really lengthy.

    I remember one such case where there was a land dispute between two brothers living in our locality. They went to the court to settle the dispute. On hearing this, one gentleman told one of the brothers that it is good that they went to the court, but ultimately they won't be able to hear the settlement of the dispute in their lifetime and probably their next generation will have to continue the case. Well, the brothers are still fighting it out there on the court premises.

    The term course in this phrase means it will follow all the directions/route provided in the law to settle any dispute, but who knows how long this route is! Isn't it better to say that law will take its own time?

    P.S. I thank Dr N.V. Srinivasa Rao because the particular term he used in one of his replies reminded me of this incident. He used the term 'law will take its own time' in one of his replies in a thread. I owe the title of this thread to Dr Rao.
  • #660542
    The inception of law in the primitive society gave the people an opportunity to fight their case and win on the offender. This worked fine in those times. Today the things are changed. We are having a complex web of law and legalities where even the experienced lawyers and judges fail to understand the situation and are misled by the witnesses.

    The enormous time taken in deciding the disputes has practically made the law as meaningless. It is said that - 'Justice delayed is justice denied' and it is very true.

    Long back I filed one case in consumer court against one hospital for medical negligence. It went on lingering for quite some time and meanwhile I also got retired from the active services. Subsequently due to my bad health I was not able to pursue it and though there were very good chances of winning based on medical records, I withdrew this case. So, justice was delayed.

    Manufacturing companies work 24/7 in three shifts round the clock. Many departments work for extended hours but so far we could not make courts to work from early morning to evening in two shifts. There is no political will to do that and obtaining justice will be a distant dream.

    Knowledge is power.

  • #660543
    Dear,
    Course and time mean the same. The course (direction & distance) and the time are immeasurable. The course is of 360 degrees and will be continued, whereas time is indefinite(infinity). It is nothing but the time for lawyers to make good their income through too many hearings. Generally, the poor class suffers much by the law taking its own course.

    No life without Sun

  • #660551
    It is very true that law takes it's own course. We can not force the legal proceedings to go as per our whims. They will go ahead as per the rules and regulations as prescribed in the law.

    But control the delay in judgement is in our hands. We can improve the system considerably for taking quick legal decisions.

    Thoughts exchanged is knowledge gained.

  • #660577
    The question here is the time. There was a case against an IAS officer and his promotion was stopped because he was having a criminal case against him. He was in the promotion list. But couldn't get the promotion. By the time he retired the case is not finalised. After two years of his retirement, the court dismissed the case. Now the candidate filed another case asking the pay difference and retirement benefits that might have come to him if he was promoted. The problem here is the time frame.
    There are no serious attempts by the judiciary system or even by the government to see a way to change the way of functioning of the courts. They should see that the cases will be finalised at the earliest. I have seen many times the main work of Judge in the court is to postpone the hearing and give another date on some pretext or other.

    drrao
    always confident

  • #660586
    Yes, that's true. It takes a long time for the court to give the judgement. This is mainly because there are lots of pending cases in the courts which cannon be closed in days.

    It's true. The same case happened with us too. My father and his brothers have a dispute on my village's land and for it, they went to the court but after 4-5 years judgement is still pending. Its been many times in the starting when there were hearing and the judge was not present so the date postponed. This happens because even the judges dont have enough time.

    I am surprised if such delays also occur in other countries courts. But nowadays we have a fast track court where critical cases can be judged so that there may not be delays in the judgement.

    "Law takes its own times" here means that the judgement takes time and should keep patience.

    Sanjeev

    " It is better to be hated for what you are than to be loved for what you are not" ... Andre Gide

  • #660608
    Law takes its own time seems to be true by observing the pattern of hearing the court- cases, the abrupt changing of hearing dates causing enormous delay in the settlement of the cases. In case of land - dispute, we have seen that some parties have gone to the court for the settlement of the cases and the cases continued even for years and the benificiaries breathed their last prior to final judgement. The case could have been different had it been handled in the presence of Mukhia in the village level. In such cases, final - judgements are delivered within a couple of days.
    Hence the statement that law takes its own course is valid in the Indian - context. May be our neighbouring countries such as Nepal, Bangla - desh and Pakistan are following the same suits since they were part of India prior to partition.


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