Report No. 221

III. Recommendations

3.1 We are sure that if amendments on the above-said lines are carried out, not only litigants will get speedy and less expensive justice but the pendency of the cases will be reduced and frivolous litigation will be checked.

3.2 We feel that there is need for following amendments:

1. Amendment of section 80 and Order V of CPC and also the concerned Court's Rules - In order to shorten delay, it is necessary that provisions parallel to section 80 CPC be introduced for all kinds of civil suits and cases proposed to be filed by a litigant.

2. Amendment of sections 378, 397 and 401 CrPC -

(i) In complaint cases also, appeal against an order of acquittal passed by a Magistrate to the Sessions Court be provided, of course, subject to the grant of special leave by it.

(ii) Where the District Magistrate or the State does not direct the Public Prosecutor to prefer appeal against an order of acquittal, the aggrieved person or the informant should have the right to prefer appeal, though with the leave of the Appellate Court.

(iii) There should be only one forum for filing revisions against orders passed by Magistrates, that is, the Sessions Court, instead of two alternative forums as now provided.

(iv) The Legislature should specifically categorize revisable orders, instead of leaving the matter to confusion caused by various interpretations of the expression "interlocutory order".

3. Amendment of Transfer of Property Act 1882 - It should be made mandatory that the consideration for every sale shall be paid through Bank Draft.

3.3 We recommend accordingly.