Great idea is being propounded for addition of few more crore cases to throw at the bursting at seams justice system, of course it will add to the demand of making a certain percentage of Indians judges/advocates/police and the rest as litigants, BRILLIANT. Yes some may, some may not afford cost of litigation, but all cannot afford the liberty of time at their disposal to see the light of justice during their life. Either you spend or someone else where is another life span available to see the logical end as our system seems motionless now a days.
Re: Affordable litigation?
by SAMUEL FERNANDES on Apr 06, 2017 06:47 AM
Basic problem with Indian antisocial elements resorting to any type of crime attracting legal provisions is their confidence is even if they are caught ( 10% chance) legal course takes years and chances of conviction after so many years is only 50% but could be managed through corrupt law enforcement& opposition advocate.Apprehending huge expenditure involved,years of court attendance and corrupt system 90% victims prefer not filing.This emboldens the culprits to go ahead with law defying acts. From the fact that summons could not be got served even after 60 days through the court/police in another state by not following by this court and apathy of the other state court/police confirms the insensitiveness of our administration
Re: Affordable litigation?
by prabhakar on Apr 18, 2017 10:22 PM
Our Indian legal system has become mockery only because of the unprofessional attitude of the majority of Lawyers colluding with each other for selfish interests at the expense of hapless clients exploiting them to the core( similar to unity among Railway porters and auto drivers ) and all the reality practical things known to judges too but they are also bullied to submission to the unprofessional lawyers( read somewhere that 50% advocates are fake with bogus law degrees).Justice should be made available within reasonable time,possible if judges really makes up their mind and judges should be allowed to complete 3 years term during which they shld endeavor to clear straight cases on circumstantial evidence and urgency and fees to be charged by advocates to be fixed by courts as advocates are looting charging 1000 even for taking next date by their juniors
Also 5th,6th,7th pay hike is maximum & other benefits also.It depends upon your choice.If anybody is working as casual labors,peons,contractual,or temporary basis or after some year must be as state or central part or other types.it cannot consider. But u your staff. Have not well memory for manage everything.This is our weakness of our country.
Like High Courts have different benches at different places in the State, The Supreme court must have a few benches in some important cities,totaling not more than 10. Only the Constitutional matters can be dealt by the Delhi SC? This will help people living in about 25 states which are quite far away from Delhi.
Re: Like?
by Umacharan Panigrahi on Apr 05, 2017 06:43 PM
Let all courts big and small deemed to be THE SUPREME COURT, end appeals/reversals. If any judge's verdict is reversed at a higher level it simply means he has not applied his mind adequately to the same law.Supreme court at all levels shall put an end to the problems once and for all.
Re: Like?
by Vinod Sharma on Apr 05, 2017 10:20 AM
In addition , adequate no. of judges also need to be appointed and practice of giving dates on small reasons has to go . One party can be heard in absence of other . Only on argument stage ,both should be asked to be present .
Re: Re: Like?
by Ashwin on Apr 05, 2017 04:19 PM
Nagarajan & Sharma, you both have very valid points. Looks like you have gone thru the grinding teeth of legal battles & gave your opinions. If lawyers are charging fees for every sitting but judges go on giving dates for flimsy reasons, common man will think that judges are hand in glove with lawyers, for every hearing, fees, postponement etc. If any person fails to appear for 3 times, the case must be decided in favor of the other party, irrespective of anything, with no further recourse for other party (for failing to appear 3 times) to go to higher Court/appeal. Such draconian laws must be introduced and also implemented and then all the parties will never fail to appear or ask for dates. Above all, if a case is not heard on any day & postponement (date) is demanded, the legal counsel must not be paid for the day since no case is heard.
Unless our advocates feel professional ethics and sensitive to the appellant/petitioners feelings/anxiety seeking legal course to get justice and stop all cunny tactics in collusion with other advocates both getting adjournaments in rotation alternatively( overburdened judge granting as the other advocate not objecting) as advocates charging per attendance even for taming next date,that way even simplecases of cheque bounce/simple divorce cases run for years ,no surprise for cheque bounce case of rs 50k,advocate fee charged was 25 k and still recovery couldnot be effected but advocate recovered after every 2 case ddates.These facts are fully known to judges but they are also scared of bar associations and political contacts of executive body and advocates earning 3 to 4 times judges salary.
Re: Affordable justice
by sekhar on Apr 05, 2017 08:10 AM
Knowing very well that even if one is charged with serious crime,there are many ways to dodge conviction,escape, in legal courts and manage bail with the help of highly insensitive lawyers& law protectors in India( sensitive to Money&politicians),majority resort to all type of heinous crimes,and especially women& middle class knowing this nexus dare not report as it is waste of time,money and stigma and moreover victimization by the accused feely moving on bail .
SORRY....!!! Institution of Amicable Settlements OR Institution of Justice..? Justice based on Merits OR Random 1 or 2 min hearings...? Justice based on random Ad-Interim Stays OR Justice based on Curtailed Boards..? Justice based on lack of staff OR Justice based on innumerable frivolous cases, their respective appeals across higher forums...? Justice baed on random Ad-Interim and Interim Stays OR Justice based on the Appellant thereafter remaining absent in the Trial court in the name of stays...?
And we say, 3.5 cr cases pending...?
- What stops the Judiciary from taking stringent steps against those frivolous litigants who misuse and abuse the process of the Judiciary..?
- What stops the Judiciary from initiating proceedings against such litigants u/s 188, 199, 200 and 211 of IPC...?
- What stops the Judiciary in framing stringent guidelines for the Law and Investigating Authorities (State Police force) for verifying the authenticity and veracity of the complaints before registering them...?
That's coz, the laws are BIASED, to favour the miscreants rather than the Oppressed.
And after all of it, we have different ways to justify all of the above.
Re: Justice in Bharatvarsh.
by SAMUEL FERNANDES on Apr 04, 2017 03:36 PM
While lauding the efforts of supreme court/high courts,feel sorry for the petetioners of court cases in all the courts of India( 50%of cases are minor which could have been solved through mediation of concerns authorities& police in minor fights,cheque bouncing cases,minor pproperty disputes,etc).Also with due apologies to lawyer friends,regret to say 80% are insensitive to the sufferings & anxieties of harassed petetioners and responsible mostly even for the abnormal delaying of cases after they started charging nearly rs1000 for each day of case date even if his junior attends to take next date only& most come unprepared ).Whatever court grants you as cost ,actual fees charged by advocates run into many times more.only under unavoidable circumstances one should approach court of law
