Grating prime years of one's life fighting for justice in delhi courts, waiting for months for the next hearing and thennnnn getting a new hearing date, then the judge changes , then comes the court holidays and then the opposite party want another date as the lawyer is not well, or is not ready for the arguements......... the list goes on and on. A simple person spends more than his earnings on lawyers and other formalities of the courts........ waiting for the justice to knock on his door ! He files the case at the age of 35 and still waits when he is 55 ! Can he get back his 20 years he spent fighting for justice ?? Even if the order comes in his favour will he be able to enjoy its fruit ?? This system is a complete failure !! Rather it should not exist where a man fights his whole life for justice and his whole family becomes the victim of this injustice judiciary , where his kids forget childhood .... where he himself forgets about his young age, where hopes fail, where ages fall.
2007-05-04 00:56:38 · 14 answers · asked by shell 1 in Politics & Government ➔ Law & Ethics
Every body knows that. This is too patent a question. The answerers would hum your tune. One has to suggest the remedy. More judges should be appointed. Vacancies should be filled up. Fast courts should be evolved. Legal experts should come out with a viable and workable solution. Shedding tears would not help.
2007-05-05 05:26:04 · answer #1 · answered by Ishan26 7 · 0⤊ 0⤋
Most of the delays are caused by lawyers seeking adjournments because they are 'busy' in other courts, or just havent bothered to study their brief. A classic example of delay is to serve the opponent on the day of hearing in court, thereby ensuring that the opponent will have to take another date for filing reply. Whereas if the service is done well in advance, the reply / rejoinder can also be served and argument can take place on the given date. But why should lawyers be interested in this ? Most of them charge "per date" so obviously the more 'dates' the heavier will be their pockets.
Take an active interest in your own matters and ensure that adjournments are minimised. Demand costs for harassment when the adjournment is taken by the opponent and request the judge for early dates. Some delays such as judge not available, court on leave and vacations just cannot be helped.
Beware of out of court settlement through Arbitration. The Arbitrators fees are usually high and the lawyers continue to take adjournments till kingdom come.
2007-05-04 04:03:08 · answer #2 · answered by ? 4 · 1⤊ 0⤋
It is true that the justice delayed is justice denied. The judiciary with its snail pace is accumulating the cases inspite of the fact that much hue and cry are raised everywhere even from those at the helm of the affairs i.e. Prime Minister and President of India. It goes to the discredit of the system and to some extent apathy on the part of the judiciary that it is not earnest in hastening the process.
2007-05-06 22:13:20 · answer #3 · answered by Ramachandra Mahale 2 · 0⤊ 0⤋
Yes, some very drastic changes are needed in the judiciary system to speeden up the cases. We keep hearing of cases which could not be resolved ultimately because one witness turned after 10 years, or one died of very old age, not to mention the loss of time and money in settling the disputes. The system should understand that not just the time of the courts, but the time of the people involved is also very important.
2007-05-04 01:24:23 · answer #4 · answered by DS 2 · 0⤊ 0⤋
Courts translating the proposition of Justice delayed is justicer denied. Courts have become mere stock exchanges where false cases are won.
2007-05-04 21:29:12 · answer #5 · answered by katkam v 3 · 1⤊ 0⤋
I confess (1953)...As old as this Hitchcock flick is, I still deeply enjoy it as my No. 1 favorite. Judgment at Nuremberg (1961) To kill a mockingbird My cousin Vinny BA - I'm still confused about this Casey Anthony case....her daughter was missing for a month and the family tried their best to keep it quiet? I never followed the case on the Cable News channels, but that one detail still leaves me mute as a fish in bewilderment.
2016-04-01 08:02:28 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Yes I fully agree with you. That’s the tragedy in our legal system. Have you not heard the old saying regarding our judicial system," grandfather files the civil suit & grandson enjoys the fruits of the judgment". If it happens with civil proceedings such as matrimonial disputes then wait for next birth to get remarried again as by the time decree of divorce is finalized you are too old to remarry or enjoy the fruits of remarriage. The worst case is if you are facing a criminal complaint, the punishment you get while attending dates is worse then imprisonment awaiting you, and if you are under arrest as an under trial then don't worry you would be released soon after your criminal complaint gets finalized as the imprisonment punishment that will be awarded to you would already been complete during your arrest as an under trial accused. Whom to blame for all this? The judiciary or the executive government? The Supreme Court has numerous time told the executive government to take action for all this delay taking place in the judicial system, to increase the numbers of judges at all stages of judicial system, make new courts, bring legislature for summary trial, setting up of more lok adalat, even opening night courts, avoid filling of fictitious cases such as Richard Gere & Shipla Shetty kissing episode etc but the working of executive government as you know the bureaucracy is so slow that they are the biggest leach of the society getting salaries for no work they do in the government offices. The best course I suggest every one is to go in for a out of court settlement between the parties in dispute, where after such settlement tell the court about your decision & get courts approval for this thus ending at least the civil matters, as far criminal matters if they are private complaints then similar criteria can be worked out as in civil suits, otherwise God Bless your soul, don't expect any relief from police or any other investigating agency for it.
2007-05-04 01:28:11 · answer #7 · answered by vijay m Indian Lawyer 7 · 2⤊ 1⤋
Yes I do agree with you.In my opinion some sort of lie detector must be used at the witness box for speedy trials.
2007-05-05 02:56:55 · answer #8 · answered by manish u 2 · 0⤊ 0⤋
It is absolute practical reality.
May I state a proverb on this topic. (Kannada)
'Courtally, geddhavanu sotha - sothavanu saththa'
(In the court, winner is looser - looser is worth dead)
Extremely we feel sorry for the state of affairs.
2007-05-05 02:52:12 · answer #9 · answered by Vijay 3 · 0⤊ 0⤋
I still don't understand why they take so much of time..
And how they solve the cases after all these years..
2007-05-04 01:16:04 · answer #10 · answered by yahooo 2 · 0⤊ 0⤋