Sirs, I am facing a very bitter experience of the slow moving Indian Judiciary. In the year 2006, I alongwith some of my friends paid an aggregate amount of Rs.34 lakhs to a person who promised to offer us land for constructing dwelling houses for our own use. When the person who took money could not give us land in a couple of years, I managed to obtain a signed promissory note from him for 34 lakhs in my favour. When the promissory note was dishonoured by him (he repaid part amount of Rs.5 lkahs), I filed a recovery suit (for Rs.29 lakhs plus interest & costs) against him in Bangalore City Civil Court (BCCC) in 2008 along with details of one of his property in Indiranagar. Eventhough the case was simple, the court took more than 2 years to pass order attaching the property in Sept., 2010. Subsequently an Execution Petition was filed in 2011 for order for sale of property to recover my dues. During the suit period, it came to the notice of the court that the person sold the suit property to a third party and repaid some more dues to me. Now the purchaser of the property is pursuing the suit and I believe the purchaser is a benami of the owner. The case is still not come to a close and is being dragged for years. The Judge happily grants time after time to the other party (Judgement Debtor) and even after 6 long years, the Execution Petition is still going on. Currently about a sum of Rs.19 lakhs are repayable to me including the 6% simple interest decided by the court. (The rate of interest on Fixed Deposit in 2008 was around 10%p.a.)
If this is the way a simple suit is dealt / processed by our court, what is the use of the Court ? It appears to me that the clever criminals are taking the work style of our court to their advantage and the petitioners are put to suffer physically, mentally and monetarily.
Don't our society need change in the style of functioning of the Indian Judiciary? Can't our Govt. make our Judiciary more effective? more
If this is the way a simple suit is dealt / processed by our court, what is the use of the Court ? It appears to me that the clever criminals are taking the work style of our court to their advantage and the petitioners are put to suffer physically, mentally and monetarily.
Don't our society need change in the style of functioning of the Indian Judiciary? Can't our Govt. make our Judiciary more effective? more
Viewed by 532
View all 46 comments Below 46 comments
Such observations are dealt with by Js. Calvert Bhandari in his landmark judgements before his proceeding to ICJ, the Hague.. more
May 07
Mr Rohitash Arya, I agree with you. But do you have a plan for prevention? Can it be prevented? Wont they sabotage any such attempt? more
May 02
Not only judiciary but non of 4 pillars are accoutable , How politician become rich, how Deepak Chourasia becomes owner of news channel where he was only reporter, Rajat Sharma didn't had TV, Dr. Subhas Chandra had loan of Rs. 5 Lakh...How police torchers public.... Save yourself from any four pillars. It is Nexus... Be careful , prevention is always better than cure. more
May 01
पूर्व मे भी काफी विचार विमर्श हो चुका है पर चीज जैसे की तैसी ही है -न्यायपालिका अपने को सर्वश्रेष्ठ मान कर चल रही है और आम आदमी एवं खाश आदमी के अंतर को मान कर चल रही है - राजनीतिक मुकदमे के लिए न्यायपालिका रात के 3 बजे काम करने लगती है और आम आदमी 3 पीढ़ी मुकदमे ही लड़ता रह जाता है ?आए दिन निचली अदालत के फैसले को ऊपर के न्यायालय मे चुनौती दी जाती है एवं और अक्सर निचली अदालत का निर्णय बदला भी जाता है पर इस पर निचली अदालत के न्यायाधीश पर कोई कार्यवाही नहीं होती है -क्यूँ ?वस्तुतः पूरी व्यवस्था को सुधार की ज़रूरत है । more
May 01
Dear Saripalli Suryanarayanaji, there is saying. Hope Sustains life. Therefore, we should not lose hope. Be it 2030 or some other day. 70 years after independence we are still having to discuss the matter. Dear Shi Chetan Choudhariji, in my opinion shortage of judges is just an excuse. There are other ways also for reducing burden on Judiciary but someone needs to force reforms in judicial system. https://www.localcircles.com/a/home?pid=Ia58qcQrxBtSrh15HvvwL1QzOpm9Sr-uIbhL4JRx4sA and https://www.localcircles.com/a/home?pid=MoAb4eiv-4KONWkr_7VayTSAPZm6jrS2Cc40YHeB-7Q more
May 01
