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Report No. 272

C. 79th Report of Law Commission of India, 1979

4.7 The Commission in its 79th Report on 'Delay and Arrears in High Courts and Other Appellate Courts' expressed its concern over the arrears in High Courts. Recognising the necessity for speedy justice, it was observed:

'1.5 Speedy justice is of the essence of an organised society and it is in the interest of both the State and the citizen that disputes which go to the law courts for adjudication are decided as early as possible. Justice delayed, is, in most cases, justice denied. At the same time, it is obvious that in order to speed up the decision of cases, the basic norms that are necessary for ensuring justice should not be dispensed with. This is the great problem facing any person or group of persons entrusted with the task of devising measures to secure elimination of delay and speedy clearance of arrears in courts.

1.5A Delay in the disposal of cases apart from causing hardship to the parties has a human aspect and has the effect of embroiling succeeding generations in litigation started by the ancestors...

1.14 In 1974, when the Law Commission reviewed the structure and jurisdiction of the higher judiciary, it focussed its special attention on the imperative need to reduce arrears in the higher courts and dealt with a number of questions, including writ petitions, taxation, industrial disputes and matters relating to conditions of service of the judges. The Report also deals at length with appeals to the Supreme Court, both civil and criminal including appeals with special leave.'

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