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 |