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Report No. 79

Chapter 21

Summary of Matters Dealt with

Following is a summary of matters dealt with in the Report.

1. Introductory

(1) The High Courts in India exercise a variety of jurisdictions, affording a variety of remedies; these are necessary for ensuring the proper administration of justice and enforcement of legal rights. However, the problem of piling arrears, aggravated by increased institution and delay in appointing judges, requires to be attended to without delay.1

(2) Speedy justice is essential to an organised society. At the same time, the basic norms for ensuring justice cannot be dispensed with.2 The judicial process in India has commanded the confidence of the Indian community.3 To maintain the confidence, delay and arrears should be attended to.

(3) Various efforts have been made so far to solve the problem.4 Mere legal amendments cannot, however, solve a problem created by increased institution. Nor can 19,ere statutory reforms achieve improvement, as there are human factors involved,5 and improvements operating within the judicial system can have only a limited impact.

(4) To prevent arrears, disposal must maintain pace with institution. The backlog must also be attended to. There have been legal as well as extra-legal factors, leading to increased workload. Nevertheless, the problem is curable if all concerned set their hearts at it.6

(5) Certain norms have to be prescribed to determine the cases which can be treated as old. (Specific periods of durations are set out).

(6) A good deal of litigation being one to which the Government is a party, its departments should afford all reasonable co-operation to the judicial process.7

(7) The figures show that arrears have been continuous; that their rate itself has gone up; and that they are of an all-India extent.8

1. Paras. 1.1 to 1.4.

2. Paras. 1.5 to 1.6.

3. Para. 1.7.

4. Paras. 1.8 to 1.14; also para. 1.20.

5. Paras. 1.15 to 1.17.

6. Paras. 1.3 and 1.29.

7. Para. 1.30.

8. Paras. 1.31 to 1.37.



Delay and Arrears in High Courts and Other Appellate Courts Back




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