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  • Category: Miscellaneous

    Time to change the adjournment culture of the judiciary

    The hearing in the cases of the court is adjourned from time to time on one pretext or the other. The defendants resort to this tactic in order to delay the case and hence the justice. The cases in the court stay unresolved for a long period of time denying justice to the aggrieved party.

    The Supreme Court in an order passed recently urged the courts not to grant adjournments in a routine manner. A court case asking for eviction of the premises and the payment of rent due to the landlord which was filed in 2013 is still pending due to repeated adjournments granted. The landlord is at a loss as neither the premises is vacated or rent due is paid. Justice MR Shah and AS Bopanna observed that the defendant is resorting to delaying tactics asking for repeated adjournments which the trial court was granting routinely. The observation is in the right direction and if implemented strictly, will help in delivering justice and reposing confidence in the judicial system.
  • #743698
    I fully agree with the author who has very nicely raised the issue of delay of cases in the courts by adjournment and not only a single adjournment but repeated number of adjournments. This is creating big problems in the issue of delivering justice because on the one side the petitioner is at a loss and on the other hand a number of cases which are accumulating in the courts go on increasing. Let us hope that the observation of honorable SC will initiate a process of quickening of settlement of court cases. This is a very important issue but is pending for a long time and has to be attended otherwise our judicial system will be totally ineffective and inactive in providing its help to the common masses of the country.
    Knowledge is power.

  • #743702
    We have seen a lot of cases pending before the courts though instituted long back relating to the disputes of lands or criminal cases. The courts are not in a position to deliver judgment in time due to some reason or other. They simply extend the date for further hearing. This has resulted frustration to the affected parties to a great extent. We have seen that in some of the cases grievance has not been settled in the life time of the sufferers and ultimately the complainant passes away. Such a delay needs to be curbed so that our faith in the judiciary is not lost. This may require additional postings of judges or the courts should be added in the sufficient strength for the redressal of the cases.

  • #743703
    What has been observed through many people going round the courts, that the cases prolong for years as the police fail to nab the main accused and that absconding spree would delay the cases for others who make to courts on every date only to be called for another date. Some times the adjournment is for weeks and some times it is for months. Even the small cases are not settled and every courts has plenty of cases and I fear hardly one or two judgements are delivered in a week, whereas piled up cases are counting daily in each court and thus more cases means more delay. Even the new CJI Ramana has asked the police not to bring every case to the court if that does not have the evidence or witness and thereby delaying the cases. Many of the cases fall in this category and new thoughts must emanate in the minds of judges as to how to deal.
    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #743713
    That is a necessity now. Many court cases are pending and the number is increasing day by day. The cases are getting postponed years together. We all know that justice delayed is justice denied. So the culture in the courts should change and there should not adjournments unnecessarily.
    My brother in law purchased a piece of land and constructed a house and living in the same house for the last 13 years. After constructing the house, the neighbour filed a case in the court saying that there is an encroachment into his site which is not a fact. So far the case is not finalised. The other party is not attending the court and his lawyer is getting it postponed. My brother in law wants to move to his native place by selling the house. But he couldn't do that due to this problem. There may be many cases like that.
    The observations of the Supreme court are court and there should be some changes in the way the courts' function and cases should be finalised at the earliest possible.

    always confident

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