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  • Category: Miscellaneous

    Are the courts clearing cases or simply postponing to future dates ?

    Across the country the cases in civil courts, district courts, high courts and supreme courts are piling up daily for want of evidence and witnesses and thus in normal days the cases kept posted for future days. Now the situation is further more bad for the courts as they cannot call the accused , convicts to the courts for obvious reasons and the video calling in many courts are not happening and therefore the cases are postponed to the future dates. And those who in the brink of releasing from the case sooner are not having any hopes now. What your reasoning on our courts functioning ?
  • #731407
    I have attended some court sessions in connection with my duties while working as a Director in a company. No case will be finished without going for postponements. But many cases will be getting postponed from time to time. Only important cases like giving bails etc will be finalised without much delay. The reasons for this delay are well known to all of us. Day by day cases are increasing and the number of courts is less and their working hours are also less. The courts will be spending their time more in postponing the cases and deciding on the next date.
    There should be some fast track courts to clear as many cases as possible within minimum time. Otherwise, all courts should start working in two shifts and clear the cases as fast as possible. We all know that justice delayed is nothing but justice denied.
    A court may be spending 70% of its time in postponing the cases and the remaining 30% time in settling the cases roughly.

    always confident

  • #731408
    The courts meet for a particular date called Lok Adalat to clear pending cases, even that is not happening these days.
    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #731412
    Just as every area in our life has ben badly affected by the Pandemic, work in judicial courts are also affected.
    Courts have large number of pending cases and some have run since years. In some cases the witnesses, or even litigants have died.
    Though it is believed that justice delayed is equal to justice denied, delay happens in court cases.
    Many factors cause to this delay. Lack of sufficient number of judicial officer,lack of infrastructure, comprehensive and hairsplitting law style, delay tactics by the lawyers to postpone the cases on one or other pretext, Dragging the cases r one level of court to another level, filing appeals, interim interventions, seeking stays on various grounds etc. are some of them.
    Our judicial sector also needs a very serious and urgent attention to remedy the various deficiencies, lacking and lacunae.
    In earlier times the community elders had some command, trust and respect from the people in the local area. Even there was the Panchayat system. Many petty cases would get settled by that intermediation or intervention. So only very less cases were taken to courts of law.
    Lok Adalat is a relatively good system of fast tracking and concluding the eligible cases. It is a sort of voluntarily mutually accepted settlement by the parties in presence and with help from the legal officials . That has the advantage of the same effect of a court order or decree, but at a less cost and in faster way, Many cases can be concluded b Lok Adalat if the litigants have the real will and an attitude of mutual accommodation to settle the matter.

  • #731421
    This is a very serious matter that there are so many cases pending in the court. They say that the number of courts are less and they do not have sufficient judges to take care of so many pending cases. It simply means that Govt has to recruit more judges and also create court rooms and associated infrastructure for resolutions of the pending cases. The court proceedings are a very lengthy process and take time. The basic idea behind judgement makings is that no innocent should be punished at any cost and so the court wants evidences and proofs against a wrong doer. The lawyers understand these complexities well and take advantage of it by bringing in some point and postponing the hearing.
    Knowledge is power.

  • #731423
    No case proceedings can be decided until this process takes several months or several years. This is quite normal in the judiciary and the reason is that number of cases in every court are in the thousands. A magistrate has to go through hundreds of files before giving his final decision. During long vacations, all courts are closed except a court that hears emergency or important cases. Nowadays most of the courts are closed because of coronavirus. In our district, several advocates and magistrates have died of this deadly virus. Their demise has created fear.
    How courts can be exempted from the effect of lockdown when all other departments, factories, markets, colleges/universities etc are closed.
    The situation in our country is worsening. Courts are not secured from coronavirus. So courts should be safe and secure from this deadly virus. Court premises are prone to coronavirus because thousands of people visit court premises daily and those who have a date of their cases enter courts also. All precautions are to be taken in the court premises and the court.

  • #731425
    Do not go with a case in court except in unavoidable circumstances. It is best to end the case out of court as much as possible, even if the case is filed by us or we are involved in someone's case. Sometimes we may lose some money in such endings. Sometimes other people will say it's bad when they hear it. But if you have to go to court, sometimes the losses do not have to be the same as before. Financial losses can sometimes be minimized. But there will be not only monitory losses but mental pressure also.

    When a case is filed or involved in a case (whether necessary or unnecessary), the first punishment is to remember the day and time when summoned to court and to wait for the plaintiff to appear in court. many cases take years to come in the list to plead. Many cases take years to argue. After many vacations, our case will be extended again if there are other important cases or cases where government officials have to appear on the day. Our case will be take up on a day when there are no such cases. It is also perishing to wait until the last minute of court as it is not possible to say when.

    In the current pandemic situation, only the essential cases are listed and called. So there is a relief that those involved in other cases do not have to go to court.

    "Cheruthulli Peruvellam"
    small drops make a mighty ocean

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