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.
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)
138 proceedings before Magistrates
Court
Writ Proceedings before High Court
against govt bodies / govt.
Contempt of Courts Proceedings before
High Court
Arbitration before Arbitrator
Company Winding up Proceedings before
High Court
Consumer Court Proceedings
All proceedings before “Tribunals” and before all other Courts, excluding district Courts.
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Sandeep Jalan
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.
Comments
Vishal