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Lengthhhh of Justice: an erroneous belief holding firmly in Peoples’ mind


1.      The other day my cousin, over fone, got annoyed at habitually no reply received from Society about the complaints made to the Society. My cousin said, what to do if the Society doesn’t reply. I said – move the court. My cousin said – the courts will take 10 to 15 years to decide, what’s the point in going to the court. I said, people are erroneously, firmly holding the belief that “Court matters” takes yeeeeeeeears to conclude. It is not completely the correct situation. The annoyance over the mass general ignorance, over the true state of affairs, draws me to write this piece.

2.      The Indian legal justice system, may broadly be divided into Civil Courts and Criminal Courts, apart from Revenue Courts and other Courts. The proceedings in Civil Courts are regulated by Civil Procedure Code (CPC), 1908 and proceedings in Criminal Courts are regulated by Criminal Procedure Code (CrPC), 1973.

3.      Both CPC and CrPC provides for two kinds of procedures – One is regular full length procedure and the other is Summary Procedure. Both CPC and CrPC contain adequate provisions for expeditious disposal of cases, even in full length procedures. Depending on the nature of Civil or Criminal proceedings adopted, the respective procedure is applied.

4.      The heavily contentious matters generally go in for full length procedure, where the case does take 10 to 15 years or even more to conclude. However, there are specific proceedings for which Summary procedure is prescribed.

5.    In my limited wisdom and brief experience of litigation, I list the kind of judicial proceedings which are undertaken in Summary fashion and if diligently pursued, they may conclude in within 3 to max 12 months time. Moreover, I have first hand experience, that cases gets resolved on the mere filing of case in the Court. It is not that the victim is afraid of Court, but sometimes, even the offender of law is too afraid of the Court.

 6. Also, it is in the interest of the lawyers that people must know that “Not all Court proceedings takes years to conclude”, although Summary proceedings may also some time take longer time. Nevertheless, Criminal trials does take longer time because the liberty of the Citizen is at stake.


Summary Suits before District Courts
(for recovering money due under Written Contracts, Cheques, Hundies, Bills of Exchange, Promissory Notes, Commercial transactions, other legally enforceable debts)
http://thepracticeoflawjalan.blogspot.in/2012/04/summary-suits-order-37.html


138 proceedings before Magistrates Court (dishonour of Cheques)
http://thepracticeoflawjalan.blogspot.in/2012/04/offence-dishonour-of-cheques.html


Writ Proceedings before High Court against govt bodies / govt.
http://thepracticeoflawjalan.blogspot.in/2012/04/writ-jurisdiction-hc.html


Contempt of Courts Proceedings before High Court
http://thepracticeoflawjalan.blogspot.in/2012/04/contempt-of-courts.html








All proceedings before “Tribunals” and before all other Courts, excluding district Courts.



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Sandeep Jalan
Advocate
Mumbai

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.

Sandeep Jalan

Advocate

Law Referencer: https://www.litigationplatform.com/
Thank you.
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Comments

Vishal said…
Thanks for the information. You are doing a very good job in educating people.

Vishal
July 14, 2012 at 8:09 AM
Sahota said…
I am immensly impressed by your blog. You are great.
July 22, 2012 at 6:14 AM
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