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Report No. 188

Conclusion

The above catalogue of cases does show an anomalous situation in US and UK courts in favour of staying actions filed by aliens in those courts on the ground that the Court systems in the countries of aliens are quite good and fast, and at the same time, in not staying actions filed against aliens on the ground that there are extraordinary delays in court proceedings abroad. Only in a few exceptional and rare cases where expert evidence was filed in rebuttal referring to the speedy disposal of the specific type of case in question, that the presumption not been applied.

To raise a general presumption as to delays in all cases in India and require a special rebuttal by the alien defendant in every case is wholly unjustified. In our view, the initial burden about delays abroad in that particular type of cases must always rest on the party who raises a plea of unreasonable delays in the Courts in the alien's country and there can be no general presumption of delays in all types of cases in India.

The Commission is of the view that on account of the additional reason referred to above, namely, the generalisations by US and UK Courts about long delays in India, the constitution of a separate division called the "Commercial Division" of the High Court for disposal of high-value commercial cases on fast track with high-tech facilities is necessary. Once that is done, there will no longer be any scope for foreign courts to make generalisations or assumptions about delays in Indian Courts.



Proposals for Constitution of Hitech Fast Track Commercial Divisions in High Courts Back




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