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.
Labels:

Comments

Post a Comment

Popular posts from this blog

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)...
8 comments
Read more

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...
Post a Comment
Read more

Mumbai Capital Value Property Tax Judgment: A Rocket Science by Social Scientists; A Brief Analysis;

The subject of taxation is a “Rocket Science”. The constitution of Nine Judges Bench in the Mafatlal Industries Case, Reported in (1997) 5 SCC 536, running into more than 500 pages; the extremely contested Vodafone litigation; and the present Judgment of Bombay High Court running into 310 Pages, at least furnishes some justification to this statement of Rocket Science. There are umpteen Judgments, some of which are relied herein also (Para 147), that whilst dealing with challenge to Taxation laws, greater latitude is shown by Constitutional Courts, only for the reason that Taxation / Economic Legislation, by their very nature, are very complex. And hold on, the Regime of Property Tax based on Capital Value of the Property, was brought in force, on the recommendations of Tata Institute of “Social Sciences”. (Para 33 of the Judgment) Did these Social Scientist, nevertheless very respectable, would appreciate an Inch of what was discussed in 310 Pages of Judgment, even assuming t...
4 comments
Read more