Denied Justice Wednesday, 17 July The inordinate delay in the provision of relief amounts to the virtual denial of any relief found in number of cases. If a case of accidental compensation is decided after ten years when the career of the children is already spoiled for want of money, if a case of property is decided after the death of the plaintiff, what is the value of use of such a decision? Seen in the real or practical sense the courts or the government or the procedures are the real culprits for the sufferings of the plaintiff.
Get Full Essay Get access to this section to get all help you need with your essay and educational issues. It is beyond dispute that credibility in courts to administer justice is almost shaken.
The impending causes of the backlog of cases are in built arising out of wastage of time at several stages of the legal procedure at different levels of the hierarchal system.
One of the suggestions and effective measures for the disposal of pending cases is to increase the judge-strength when the case docket becomes over loaded and the increase in judge-strength must be at an appropriate time so that the increased strength can cope up with the overloaded cases.
To put an end to the huge pendency of cases at all levels it is desirable to appoint more judges, adhoc judges and retired judges and also drafting senior advocates who express their willingness to accept the said appointment by the National Judicial Commission.
The superannuation of the judges said must necessarily be upto the age of 70 years only. The other alternative suggestion is to constitute a judicial reforms committee to produce a simple procedure code without complexities and to eradicate time consuming practices of long, lengthy and prolonged arguments, on intricate points about court fees, bar of limitation, defects in pleadings and in services of notices.
Further recommendation is to restrict oral and verbal oration to an extent of 30 minutes in addition to the written argument.
Lawyers must prepare the briefs, which shall be short, precise, limited with facts and purely on the basis of question of law, and thereafter the judges must and should necessarily do home-work and come to court well prepared.
Many channels of appeals, reviews and revisions provided at present are to be curtailed, as there is a prolonged and continued litigation pending years and years together.
There is no doubt at all that in Indian Judicial system, legal proceedings are more and more than law proper, thereby both the judges and lawyers would lose interest to complete the case at the earliest. To cut down such legal proceedings particularly the civil Procedure Code should necessarily be amended and simplification of the legal procedure, which is now in vague mainly on these two procedural codes, should be introduced.
Now there is very large wide big gap between new cases arising and old cases to be disposed of and accumulation of cases goes on growing without any limitations?
Therefore the suggestion is that time for oral argument should necessarily be restrained, restricted and limited, and clubbed with the written memorandum of arguments to be submitted before the beginning of the oral arguments to the court.
The cause is not merely, inadequacy of the number of judges needed but that of inadequacy of methods and procedure adopted in disposing and resolving of the disputes.
It is very clear from American experience that the increase of strength in number of judges has done comparatively little to solve the problem of arrears.
A retired judge of The High Court of Calcutta described that the state of affairs and the vexatious litigation in courts has become central point of the judiciary. In fact all courts in India are flooded with millions and millions of cases and thereby the bad litigants drive out the good litigants.
Moreover adjournments are sought on very many number of occasions without any just cause or necessity on false, frivolous and untenable grounds including the non availability of lawyers though infact they are available at the next door of the courts.
Under order 17 rule1 of the code of Civil Procedure, punctuality and preparedness on the part of the lawyers and judges are essentially required for the speedy delivery justice system. Little wonder judiciary may fall under its weight, unless appropriate steps are taken by way of preventing vexatious litigation.
The next suggestion for the speedy disposal of the cases is by appointing fully qualified advocates as law officers.
The complicated and cumbersome legal procedure laid down in civil procedure code, criminal procedure code and the evidence Act are not only causing harassment to the litigant public which is time consuming. The other reasons for the delay of the cases is that the advocates wait for a suitable good bench to be constituted before filing their cases as it is rumoured that some courts are guided and directed even by political considerations.
The panel of Advocates nominated and appointed by the Government on political considerations is at the root cause of very many problems in the courts. The entire call work i. Delay in disposal is also due to the tortuous and cumbersome procedures.
This looking for the wood than the tree erodes credibility of judgment and drives away litigants. Stays are granted and adjournments galore are arranged to the bewilderment of the litigants and appeals and revisions galore further erode the certainty and reliability of court decisions.
If court decisions are subject to change, no credibility remains in the eyes of laymen coming to court for redressal of their grievances. To reduce the harassments to the litigants, a high power committee of judges, jurists and administrators should be appointed to prepare and produce the simple codes of procedures i.
Civil, Criminal and Evidence Act and other acts. The necessity therefore is not just to increase judge strength to cope with backlog of cases in courts.
The necessity is to increase it in time. By the time the proposal gets through and sanction is obtained, the situation has already worsened so that even the sanctioned increase fails to cope up with the backlog, which has increased meanwhile.
The solution is to appoint a permanent committee for each High Court with Chief Justice of high Court as Chairman, two senior judges and law minister as members with the powers to investigate the need for increase of judges in each court, sanction the same and appoint them from the panel of reserved judges approved by the Government of India.About writing a short essays on justice delayed is justice denied spirit on internet is really not visual, technologically you need is a personal domain of what your leadership likes to include in internet.
Justice Delayed Is Justice Denied Essay Sample. There are countless and innumerable arrears in High courts and Supreme Court, and one crore and more in lower courts pending disposal.
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Hooks interprets this idea is reiterated by laurence who suggests that the myopic short - term development sustainability strategy. "Justice delayed is justice denied" is a legal maxim meaning that if legal redress is available for a party that has suffered some injury, but is not forthcoming in a timely fashion, it is effectively the same as having no redress at all.
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