Indian Judiciary- As an Institution "serving the common-man"
Functioning of Trial Courts
# are the courts serving for public or Advocates?
Both the courts and counsels are being paid by the public but there are mutual adjustments btn. the courts & counsels punishing the public for knocking the doors of justice!
Though there are n No. of rules/codes of procedures, nothing comes to rescue the public. The courts are helpless when it comes to take on with advocates for getting adjournments deliberately on flimsy grounds, even repeatedly! The advocates enjoy an unfettered rights over the courts and are equipped with all sorts of codes/procedures for circumventing the judicial process in conducting the court proceedings on their terms and therby ultimately delaying the delivery of justice.
#This creates the sentiment, that courts are only for dragging on a matter and to deal with criminals and not for the right -loyal common man!
who is left with two choices either to accept the cumbersome judicial system or succumb to the pressure /inducements of the counsel's whims for out-of court settlements.
Why can't the court permit the party to make his/her submissions directly on such instances without mandatoryly revoking the vakalat? Why should there be the hard-n-fast rule either by the advocate or by the party-in person? because whenever his advocate is busy or for simple statements of facts, the party can make direct submissions to the court. The advocates can argue the case as per the various rules /codes of the Law. more
# are the courts serving for public or Advocates?
Both the courts and counsels are being paid by the public but there are mutual adjustments btn. the courts & counsels punishing the public for knocking the doors of justice!
Though there are n No. of rules/codes of procedures, nothing comes to rescue the public. The courts are helpless when it comes to take on with advocates for getting adjournments deliberately on flimsy grounds, even repeatedly! The advocates enjoy an unfettered rights over the courts and are equipped with all sorts of codes/procedures for circumventing the judicial process in conducting the court proceedings on their terms and therby ultimately delaying the delivery of justice.
#This creates the sentiment, that courts are only for dragging on a matter and to deal with criminals and not for the right -loyal common man!
who is left with two choices either to accept the cumbersome judicial system or succumb to the pressure /inducements of the counsel's whims for out-of court settlements.
Why can't the court permit the party to make his/her submissions directly on such instances without mandatoryly revoking the vakalat? Why should there be the hard-n-fast rule either by the advocate or by the party-in person? because whenever his advocate is busy or for simple statements of facts, the party can make direct submissions to the court. The advocates can argue the case as per the various rules /codes of the Law. more
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Some fundamental changes/ improvements in conduct of court proceedings are required: 1. In all cases, irrespective of justification, except due to force majeure, for any adjournment the party must pay cost of Rs 250/- minimum to the other party. No discretion of the judge may be allowed. 2. The complainant must have the right to plead himself at ant time without cancelling the vakalat, so that at other times the advocate may continue pleading the case. 3. The necessity of getting the Affidavits signed by a Notary ( who does not even read what is put up to him) must be done away with. When the litigants are signing all the papers/ documents, why a Notary is required? 4. At times, judges ate proceeding on leave thus leading to lack of quorum. This leads to wastage of time and money in travelling to far of place where the court may be located and thus loosing Rs 4500/ - by way of train fare. The absence of judges must be intimated to the parties concerned via e-mail and/or SMS. 5. The biggest challenge, however, is how to make the judges responsible and accountable for their wrong judgments! 6. 8n the UK , I HACE courts are like 5-star hotels! Why cannot we have neat anf vlean courts in India? All the blah-blah about SWACCHA BHARAT seems to have no inpact on the courts. Sob!!! more
Sep 17
Issue 5: The Order to notify [A] whether it is within the Purpose, Objective and Concept of the Law/Section without leaving a chance for any Question of law ; [B] that the ACB/CBI/ED failed in presenting Strong Evidences and hence this Case is adjourned for 3/6 months for securing and re presentation ; AND , Every order of an Appeal to include and notify [C] A penalty, compensation, defamation of Rs. ------/- is to be deposited in the Court within 30 days of this order advising the other party to claim from the Court between 45 to 60 days of this Order .
IF THESE 3 BECOME PART OF PROCEDURE OF AN ORDER OF JUSTICE , there will be a best lead of Justice both in Courts and, the Appellant Courts . more
IF THESE 3 BECOME PART OF PROCEDURE OF AN ORDER OF JUSTICE , there will be a best lead of Justice both in Courts and, the Appellant Courts . more
Sep 18
In a democratic set up judicial system is required to redress the injustice done to any person. Our judicial system is so costly that it is difficult for a middle class person to seek help of judiciary if the oppressor is rich. more
Sep 17
In Singapore the Petitioner's/Plaintiff's Lawyer issues the Summons, of course based on Mandate obtained. In India the Registrar may register, give a number to the Suit and issue the Summons. If the admission itself is illegal or lacking in factual basis, the Defendant will take pleading accordingly in his response to the Summons. The Judge can then go through both the Plaint and the Counter and order continuation or termination of the proceedings. Issue of Certified copies need not be at a Hearing of the Judge, but be ordered by the Registrar himself. Except in complicated or delicate cases (e.g. which most Banks' plaints are not) , the oral deposition may be allowed to be done before a Lawyer appointed as a Commissioner. The proceedings can be tape-recorded for viewing by the Judge in case of a dispute or a doubt. The Judge's load of work can be whittled down and disposal of cases quickened. more
Sep 05
Various malpractices may be in play for winning of cases by hook or crook, some with the connivance of staff in courts and others without. To prove the pleadings made, evidence is fabricated, facts are suppressed and the case-law is made use of in a warped manner. Advocates use various ways and means to win cases. Ultimately, success in a case may or may not bring about real justice. Undue delays are caused owing to adjournments granted at the behest of Advocates. The Judge has to be involved in each step of the legal proceedings, right from admitting a case and issuing Summons upto the final stage of execution of Decree, with no delegation to the Registrar or a Commissioner in too many cases. more
Sep 04
'The Judge has to be involved in each step of the legal proceedings, right from admitting a case and issuing Summons upto the final stage' is correct and was in practice till 95 . The diversity thereafter is to be REFORMED together with the mandatory part of the Lawyer that sworn in.
All our efforts in this Circle as well as Transform India Circle are for this Vital issue that alone reinstates the concept of Justice and Judiciary. more
All our efforts in this Circle as well as Transform India Circle are for this Vital issue that alone reinstates the concept of Justice and Judiciary. more
Sep 04
The Legislature should examine and clarify by passing an Act whether a Lawyer is meant for assisting the Court or the Litigant who engages him. If the Judge needs assistance can he not avail of Assistants in the Judiciary itself instead of Lawyers hired by Litigants? Is it conducive to rendering of justice that while one litigant pleads his case himself his opponent is allowed the assistance of a qualified, experienced professional Pleader to plead his case? more
Sep 04
In some cases Justice can be identified only on the outcome of Chief and Cross and this tenders a Lawyer's Advocacy. Only few cases will be such mostly to be dependent on the Evidences and material facts.
There are several incidents where the Courts ordered for requirement of requisite and tenable issues and Sections. Justice delivery is dependent on issues proved in accordance with the Practice and Code and hence also depend on the efficiency of the Party in feeding the requisite issues, evidences and sections relevant.
All these indeed tender Legal Assistance and is why, Article 39 A was also adopted. more
There are several incidents where the Courts ordered for requirement of requisite and tenable issues and Sections. Justice delivery is dependent on issues proved in accordance with the Practice and Code and hence also depend on the efficiency of the Party in feeding the requisite issues, evidences and sections relevant.
All these indeed tender Legal Assistance and is why, Article 39 A was also adopted. more
Sep 04
