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Report No. 77

Delay and Arrears in Trial Courts

Contents
Chapter I Problem of Delay and Arrears in Trial Courts
1.1 The problem
2. The judiciary in the modern State
3. Activities of the modem State
4. Public confidence in Courts
5. Arrears in terms of number of pending cases and duration
6. Caution against undue haste
7. Need for effective step
8. View of Rankin Committee
9. Criterion for treating a case as an old civil cases
10. Criterion for criminal cases
11. Radical changes why not suggested
12. Past attempts to tackle delay at all-India level
13. Committees appointed in various States
14. Law Commission's Reports
Chapter 2 The Trial Court Judge
2.1 Importance of trial courts
2. System delay
3. Personality of the trial judge
4. The "upper-court" myth
5. Mr. Justice Hanna's view
Chapter 3 The Present System Evaluated: Comparison with Ancient Judicial System
3.1 The present system and its links with traditional methods
2. Popular feeling
3. Fallacy of agrarian society
4. Judicial procedure in ancient India
5. Rules of pleading in ancient India
6. Witnesses in ancient India
7. Consequences default
8. Means of proof
9 to 11. Misconduct by ministerial staff
12. Substantive law
13. Punishment of abetment
14,15. Offences
16,17. Criminal procedure
18. Punishme
19. Compensation to victim
20. Gradual evolution
Chapter 4 Stages of Delay-summons
4.1 Scrutiny of plaint
2. Issue of summons to defendant
3. Summons to be sent through process server as well as by post
4. Service of summons
5. Representative suit
6. Administrative supervision of process servers
7. Examination of process server
Chapter 5 Pleadings and Issues: The Pre-Trial Procedure
5.1 Compliance with Order 7
2. Order 8, rule
3. Order 5, rule
4. Filing of written statement
5. Copies of written statements to be filed
6. Laxity in filing written statements
7. Necessity to record statements before issues
8. Order X, how to make more effective
9. Issues to the framed by the Judge
10. Law Commission's view in the 14th Report
11. Regarding framing of issues, the Law Commission in that report stated
12. Order 1
13,14. Pre-trial procedure in U.S.A
15. Conciliation
Chapter 6 Court Diary and Evidence: Substitution of Legal Representatives
6.1 Court Dia.- fixing cases-important function of the Judge
2. Practice of fixing too many cases not desirable
3. Creation of additional courts
4. Prolix examination of witnesses
5. Control of cross-examination by the trial judge
6,7. Need to avoid harassment of witnesses
8. Evidence not to be taken in instalments
9. Affidavits
10. Adjournments
11. Special List System
12. Legal representatives
13. Commissions
Chapter 7 Arguments, Judgment and Decree
7.1 Arguments
2. Long adjournment not to be granted
3. Lengthy arguments
4,5. Citation of authorities
6. Brevity not at the cost of completeness
7. Interval between arguments and judgment
8. Preparation of decree
9. Stage after preliminary decre
Chapter 8 Conciliation
8.1 Advantages of conciliation
2. Other countries
3. Conciliation in Japan
4. Norway
5. Figures in Norway
6. Views expressed in the discussions with the Chairman in Norway
7. Denmark
8. France
9. Pakistan
10. Recommendation as to conciliation system being introduced on experimental basis
11. Settlement by the Conciliation Board
12. Procedure of proceedings taken in suit
13. Experimental basis
14. Inducing parties to resort to arbitration
Chapter 9 Recruitment and Personality of the Trial Judge: Inspection of Courts and Training of Judicial Officers
9.1 Personality
2. Need to attract bright young law graduates
3. 14th Report
4. Requirement practice
5. Recruitment from the bar
6. All-India Judicial Service
7. Recruitment from other States
8. Training
9. Inspection
10. Judges in charge of districts
11. Control of arrears by High Courts
12. High Court's recommendation as to strength of judicial officers to receive prompt attention
13. Retired officers
14. Designation
15. Jurisdiction
16. Appointment of members of the bar for disposal of old cases
17. Serving judges to be asked to deal with old cases
18. Need to clear backlog within about three years
Chapter 10 Certain Cases under Special Acts
10.1 Matrimonial cases
2. Ejection cases
3. Motor Accidents Claims
4. Power of appointing Accidents Claims Tribunals to be with High Court
5,6. Cases under Succession Act
7. Need for enough number of judicial officers
8. Labour disputes
Chapter 11 Execution
11.1 Importance of execution
2. Objections to cause delay
3. Attention not paid to execution
4. Nazirs and their pay scales
Chapter 12 Criminal Cases
12.1 Importance of oral evidence
2. Witnesses not to be kept waiting
3. Evidence recorded by predecessor
4. Difficulties of de novo trial
5. Recommendation in 41st Report
6. Cases under Prevention of Corruption Act, 1947
7. Piecemeal recording of evidence not to be encouraged
8. Service on witnesses
9. Concentration by the police on investigation
10. Petty cases
11. Traffic offences
12. English law as to certain traffic offences
13. Absence of one of the accused
14. Number of prosecutors
15. Civil and criminal cases heard by the same court
16. Death sentence
Chapter 13 Some General Suggestions
13.1 Persons of the right calibre to be recruited
2,3. Training
4. Residence of judicial officers
5. Transport for judicial officers
6. Appeal against interlocutory orders
7. Sending back record of trial court
8. Stenographers
9. Typing of evidence
10. Delay in supplying copies
11. Miscellaneous applications
12. Supply of copies of judgment
13. Credit in statistical purposes for compromise in civil cases or composition of criminal cases
14. Punctuality of judicial officers
15. False statements
16,17. Financial Impact
Chapter 14 Summary of Conclusions and Recommendations
1. Problem of delay and arrears in trial Courts
2. The Trial Court Judges
3. The present system evaluated: comparison with ancient judicial system
4. Stages of delay: summons
5. Pleadings and issues: pre-trial procedure
6. Court diary and evidence and substitution of legal representatives
7. Arguments, judgement and decree
8. Conciliation
9. Recruitment and personality of the trial Judge-inspection of courts and training of judicial officers
10. Cases under certain special Acts
11. Execution
12. Criminal cases
13. Some general suggestions
Appendix 1* Figures of Pendency in Subordinate Courts (Civil and Criminal Cases)
Table I Table Showing Institution and Disposal of Regular Suits and Miscellaneous Cases During The Quarter Ending December, 1977
Table II Table Showing Total Strength of Courts Functioning, Disposal of Regular Suits and Miscellaneous Cases in Units and Rate of Disposal Per Court on the Basis of Time Devoted by Courts to Civil Work in Original Jurisdiction During 4th Quarter of 1976 And 1st, 2nd, 3rd And 4th Quarters Of 1977
Table III Pendency Of Regular Suits and Miscellaneous Cases on the Original Side as On 1-1-1977,1-10-1977 and 31-12-1977 and Rate of Increase/decrease During the 4th Quarter of 1976 and 1st, 2nd, 3rd and 4th Quarters of 1977
Table IV Table Showing Institution and Disposal of Regular and Miscellaneous Appeals in District Appellate Courts During 4th Quarter of 1977 and Percentage of Disposal Over Institution During 4th Quarter of 1976 and 1st, 2nd, 3rd and 4th Quarters of 1977
Table V Table Showing Total Strength of Courts for Appellate Civil Work, Disposal in Units and Average Rate of Disposal Per Court on the Basis of Time Devoted by Courts to Appellate Civil Work During 4th Quarter of 1976 And 1st, 2nd, 3rd And 4th Quarters of 1977
Table VI Table Showing Pendency of Regular and Miscellaneous Appeals to District Courts as on 1-1-1977 and 1-10-1977 and 31-12-1977 and Rate of Increase or Decrease in Pendency During 4th Quarter of 1976 And 1st, 2nd, 3rd and 4th Quarters of 1977 and also the Number of Cases Increased or Decreased, and Percentage Increase or Decrease Within A Period of 12 Months I.E. From 1-1-1977 to 31-12-1977
Table VII General Result of Trial of Civil Cases in the Courts at District Level on the Original Side During the Year 1977
Table VIII General Result of Trial of Civil Cases in District/additional Judges Courts on the Original Side During the Year 1977
Table IX Pendency as on 1-1-1977
Table X General Result of Trial of Civil Cases in Munsif Courts on the Original Side During the Year 1977
Table XI General Result of Trial of Civil Cases in Small Cause Courts on the Original Side During the Year 1977
Table XII General Result of Trial of Civil Cases on the Appellate Side in the Courts Functioning at District Level in 1977
Table XIII General Result of Trial of Civil Cases in District/additional District Judges Courts on the Appellate Side During the Year 1977
Table XIV General Result of Trial of Civil Cases in Senior Civil Judges/sub-Judges Courts on the Appellate Side During the Year 1977
Table I Table Showing Institution and Disposal During the 4th Quarter Ending December, 1977 and Disposal as Percentage of Institution During the 4th Quarter of 1976, 1st, 2nd, 3rd and 4th Quarter of 1977 in the Session Courts
Table II Table Showing the Number of Courts Available for Criminal Work in Sessions Courts, Disposal in Units and Average Rate of Disposal Per Court During 4th Quarter of 1976 and 1st, 2nd, 3rd and 4th Quarters of 1977
Table III Table Showing Pendency in Sessions Courts on 1-14977, 1-10-1977 and 31-12-1977 and Rate of Increase or Decrease During 4th Quarter of 1976 and 1st, 2nd, 3rd and 4th Quarters of 1977
Table IV Table Showing Institution and Disposal of Cases During the 4th Quarter of 1977 in the Magisterial Courts and Disposal as Percentage of Institution During 4th Quarter of 1976 and 1st, 2nd, 3rd And 4th Quarters of 1977
Table V Table Showing Number of Magisterial Courts Functioning During 4th Quarter of 1977 and Average Rate of Disposal Per Court In Units on the Basis of Time Devoted by Courts to Criminal Work During 4th Quarter of 1976 and 1st, 2nd, 3rd And 4th Quarters of 1977 in Magistrial Courts
Table VI Table Showing Pendency of Police Challan and Complaint Cases in Magisterial Courts as on 1-1-1977, 1-10-1977 and 31-12-1977 and Rate of Increase or Decrease in Pendency During 4th Quarter of 1976 and 1st, 2nd, 3rd and 4th Quarters of 1977
Table VII Table Showing Number of Police Challan Cases Pending for Want of Ff/fr or Charge-Sheet at the End of 4th Quarter of 1977 Alongwith Percentage Thereof During the 1st, 2nd,3rd and 4th Quarters of 1977 and Number of Cases Increased or Decreased in the Period From 31-12-1976 and 31-124977 and Percentage Thereof
Table VIII Table Showing Number of Complaint Cases Pending on Account of Enquiries Not Completed U/s 202 Cr. P.C. At The End of 4th Quarter of 1977 along with Percentage Thereof During 1st, 2nd, 3rda 4th Quarters of 1977 and Number of Cases Increased or Decreased in The Period From 31-12-1976 And 31-12-1977 And Percentage Thereof
Table IX Statement of Work Done in the Session Courts During the Year 1977
Table X Statement of Work Done in the Magisterial Courts During the Year 1977
Appendix 2 Special List System in Kerala
Special List System in Kerala
CIVIL
Form
Criminal
Appendix 3 Law Commission of India Delay in Disposal of Cases and Pending Arrears in Courts
Introductory Note
High Courts
1. Causes
2. Decrease in disposal-causes
3. Hearing by Single Judge
4. Special knowledge
5. Hearing by same Judge
6. Original jurisdiction
7 Appeals under Articles 133-134
8. Income-tax references
9. Relief to be granted only if substantial injustice
10. Filing of appeals
11. Service
12. Paper books
13. Perjury
14. Time limits
15. Citation of case law and consolidated fee
16. Scrutiny of papers without oral argument
17. Judgment
18. Misbehaviour or incapacity
19. Vacations and working hours
20. Inadequate strength as a cause of arrears
Subordinate Courts
21. Hierarchy
22 to 24. Causes
25. Recruitment of subordinate judiciary
26. Periodical reports of old cases
27. Petty criminal cases-disposal by other agencies
28 to 32. Village Panchayats
33. Affidavits
34,35. Witnesses in attendance
36. Argument
37,38. Judgments
39. Normal time for disposal
40. Specific causes of delay
41 to 44. Congestion in court
45. Too many witnesses
46,47. Provisional decree
48. Mesne profit
49. Costs in frivolous cases
50. Refund of court fees on withdrawal or compromise
51. Interest at enhanced rate
52. Single executing courts
53. Delay in small causes
54. New Code of Criminal Procedure
55. Plea of guilty by post
56. Sessions cases: New procedure
57. Whether old position should be restored
58. Evidence before courts of sessions
59. Medical experts
60. Compensation to victims of crime
61. Finality of certain miscellaneous orders
62. Avoidance of technical means as to compliince
63. Deliberate disregard of legal right-Proposed new offence
64. Compulsory arbitration


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