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Report No. 77

10. Cases under certain special Acts

(60) There are certain categories of cases under special Acts which, by their very nature, have an element of urgency about them and call for speedy disposal. The following categories are discussed:

(a) Matrimonial cases.-These cases drag on for years. A decree of divorce granted when the parties are past the stage of youth is not of such avail. Such delay might also lead to young people going astray. Matrimonial cases should therefore be disposed of early.

Linked with matrimonial cases are cases relating to custody and guardianship of minor children1 which stand on the same footing.

(b) Eviction cases.-Especially those on the ground of bona fide personal necessity of the landlord.2

(c) Cases filed before Motor Accidents Claims Tribunals.-Many of these claims are by widows and children of persons who lost their lives in the accident. Delay causes great dismay and frustration amongst the people.3

(d) Cases under the Indian Succession Act, 1925.-Quite often, money belonging to a deceased person remains locked up because the heirs cannot receive payment without obtaining succession certificate, probate or letters of administration, as the case may be.4

It is therefore essential that the cases of above categories should receive prompt attention.5

1. Para. 10.1.

2. Para. 10.2.

3. Para. 10.3.

4. Para. 10.5.

5. Para. 10.6

(61) There should be enough number of judicial officers who should deal with the above categories of cases.1

1. Para. 10.7.

(62) Apart from the above, following specific suggestions and observations have been made in respect of the above categories of cases:-

(a) Courts dealing with matrimonial cases should give priority to the disposal of these cases.1

(b) The number of cases for eviction in each district would be so large as to keep fully occupied one or more than one judicial officers.2

(c) (i) At most places, the district Judge is designated as the Tribunal for Motor Accidents Claims, but he has hardly enough time to deal with them.3"The powers of designating and appoint judicial officers as such tribunal should vest in the High Court.4

(ii) Every effort should be made to see tha.-Motor Accidents claims are disposed of within less than a year5

(iii) The number of such cases in some districts may not be enough to keep the judicial officers fully occupied. One solution is to have one Tribunal for a number of such district. The other solution is to vest the powers in an Additional District Judge or a senior subordinate judge, who should set apart a number of days in a month for the exclusive disposal of such claims.

(d) Similar observations will hold good for cases under the Succession Act.

1. Para. 10.4.

2. Para. 10.7.

3. Para. 10.3.

4. Para. 10.4.

5. Para. 10.7.

(63) There is also need for speedy adjudication of disputes relating to labour between management and workmew-There should be enough number of labour courts and industrial tribunals1,Vn the interest of industrial harmony and to ensure higher production.

1. Para. 10.8.



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