Work involving use of brain is generally not for more than 6.5 hours per day excluding lunch and tea breaks. But actually people who do brain work put in more than the stipulated working hours owing to their own curiosity and drive. Conscientious Judges also are reported to put in work outside their court room hours not only to read plaints, counters, records of evidence but also material relating to case-laws besides Law-related Books to keep themselves abreast of Law applicable to the cases on hand.
The main problem is that lack of accountability makes some Judges not having drive to become lax.
Having regard to the foregoing what is vital is that a Review Authority be put in place who reviews the functioning of each Judge and holds the Judge accountable.
Some of the points with reference to which Judges have to be held accountable may be the following:
(1) The number and duration of adjournments allowed neither of which should be high
(2) Compliance of time-norms which should be stipulated for each stage of legal proceedings, e.g., in civil suits, Service of Summons, Filing of counter-affidavit,Framing of issues, Submission of evidence, Arguments, Issue of written Judgement, Issue of Order of Execution, the Drive, initiative and proactive moves of the Judge in ensuring that undelayed justice is meted out etc.
(3) The number of cases in which the Judgements of a Judge have been over-turned by a higher court out of the total number of cases decided upon by him
(4) Issue of clearance for filing of Appeal without which no Appeal may be admitted. more
The main problem is that lack of accountability makes some Judges not having drive to become lax.
Having regard to the foregoing what is vital is that a Review Authority be put in place who reviews the functioning of each Judge and holds the Judge accountable.
Some of the points with reference to which Judges have to be held accountable may be the following:
(1) The number and duration of adjournments allowed neither of which should be high
(2) Compliance of time-norms which should be stipulated for each stage of legal proceedings, e.g., in civil suits, Service of Summons, Filing of counter-affidavit,Framing of issues, Submission of evidence, Arguments, Issue of written Judgement, Issue of Order of Execution, the Drive, initiative and proactive moves of the Judge in ensuring that undelayed justice is meted out etc.
(3) The number of cases in which the Judgements of a Judge have been over-turned by a higher court out of the total number of cases decided upon by him
(4) Issue of clearance for filing of Appeal without which no Appeal may be admitted. more
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The justice is badly delayed. The discretionary bail and stay orders can be obtained by only capable lawyers irrespective of gravity of the case. Common man is never respected in court premises even by the attender of the court leave alone judges and the lawyers. Common man entering court hall is always tensed with fear than inquisitive. All this indicates lack of faith in fairplay more
Oct 16
Many are harping on several issues,not knowing the nature of actual work a judge does.it is not possible to list them and convince the public and a judge cannot account his judicial actions to any one.Everything is in black and white.Judge yourself. more
Oct 16
The time taken by the judge should be left to his wisdom for consulting the books, case law, the evidence placed and the arguments and counter arguments to come to a conclusion using their mind. But for quick delivery of justice, number of judges should be increased, there should not be closing of court on any account, there should be shift system. The judiciary should work 24 x 7 so that the justice will be delivered. Now influential lawyers / rich and capable lawyers can wake up the judge in the mid of night and not the common man. The result is we have to pay Crores of Rupees. The highest corruption in this country is through judiciary - lawyers, courts, court clerks, layers clerks, typists, Xerox operators, filers, and host of others all daily carrying money to their houses. Common man can not approach the court without a black coat. I do not call this is a democratic functioning more
Oct 16
I do not agree with time mentioned. In all services no mechanical or stereotyped jobs will be there. Any one has to use his brain only. That is where the experience counts. For a new comer it may take little more time to get accustomed. As said above the civil cases are pending for years together, lawyers adjourn the proceedings for want of fees. In civil cases recorded evidences will be there, yet they they drag on and on, why? If it is criminal case sometimes direct evidences will not be there, number of witnesses have to be cross examined to see the innocent is not punished. There is some meaning if the cases were dragged on. IF SENIOR JUDGES ARE ALSO DRAGGING THE CASES MEANS THERE HAS AN UNDERSTANDING BETWEEN LAWYERS AND JUDGES. NOTHING CAN BE SAID ON THIS. more
Oct 16
