Skip to main content

Probable Answer to: How to overcome backlog of 3.78 aprox cases ? ? ?

To my little understanding and what i see and perceived of our present legal system, i am of strong view that most of cases whether appeals or fresh cases, that are filed in Lower Courts to Higher Courts..............lack substance ie, cases/appeals are filed to frustrate the innocent............

I have volunteered in State Information Commission, Mumbai for about 8 months to fashion measures for speedy disposal of second appeals and complaints that are filed. There we used to prepare scrutiny sheet of every appeal/complaint.

Even very recently the SC has took judicial notice of the fact and warned High Courts to take care while admitting cases in appeals. http://www.igovernment.in/site/Keep-a-check-on-appeals-cases-SC-to-high-courts/

Also, just to say, i have come across a case in Bombay HC wherein the Petitioner has invoked Writ Jurisdiction ie. Original Jurisdiction of the Court of an purely, purely i repeat, appeal case and furthermore.................. High Court has even given stay of the Order passed by lower Court.........

What i am suggesting here is........ can we make a scrutiny of every case that is filed before the Court. KPOs and LPOs may be roped in to the massive work of scrutiny of every case.

The work of making scrutiny sheet of every case is an administrative work which can be delegated to private bodies, however the actual judicial function cannot be delegated.

At the same time.......implementing a strict check on admission of cases in all the Courts, either fresh or appeals can go a long way in reducing litigation and perhaps we may not need more court buildings.................

Thanks.
--
Sandeep Jalan


Legal issues !!
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
or
If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.

Law Referencer: https://www.litigationplatform.com/


Thank you.

Comments

Popular posts from this blog

Leading Evidence during trial

1.       In case where the accused refused to plead guilty of the offence to which he is charged with, and claims to be tried, the Court calls upon the Prosecution / Complainant to lead all the evidences he has in support of his case. 2.       In criminal trial, the evidence are required to be led by the complainant and / or their witnesses by stepping into the witness box and illustrating / demonstrating to what they have witnessed. The Complainant is to examine before the Court, himself, and all other witnesses, who are “witness” to the crime, which is alleged to have been committed by the accused named in the complaint. This examination of himself and other prosecution witnesses is called “Examination – in – Chief. 3.       Giving evidence of facts is critical to any trial, be it civil trial or criminal trial. And therefore, it becomes imperative to understand the dynamics of evidence in legal sens...

The Recall Jurisdiction of the Courts

What is Recall of Orders of the Court ? But first….what is expected from the Orders of the Court – a)       While giving due consideration to the submissions and evidences on record of the rival parties, to record a reasoned finding with respect to disputed question of fact or of law; b)       Employing cogent reasons about the conclusion reached in the order / judgment. c)       Passing of orders in accordance with law. d)      Principles of natural justice are reasonably observed in the judicial proceeding. And when the Orders suffers from any of the vices, it is challenged by way of Review, Appeal or in Revision, alleging the impugned Order, being infected with either of the grounds, i.e. – a)       That there is Error apparent on the face of the Record; b)       That there is Perversity in the impugned Order; c)...

Form II under Rule 6 of Rules, 2006, framed under the impugned Act

Impugned Provision / other anomaly Breach of Section / Article FORM II [See Rule 6(1)] Application to the Magistrate under Section 12 of the impugned Act Section 3 – Explanation II; Section 18, 19, 20, 22 and 23 of the impugned Act. Principles of natural justice. FORM II [See Rule 6(1)] Application to the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005)     To The Court of Magistrate .................................... .................................... .................................... .................................... Application under section ........................ of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005)            SHOWETH: That the application under section.................of Protection of Women from Domestic Violence Act, 2005 is b...