Dear All
In my opinion following is needed to improve judicial system in India :-
(ii)- High Court should check all the files which come from subordinate courts in appeal, revision, writs etc to see if unnecessary adjournments have been given by presiding officers and then put a seal on it that the file has been checked by High Court. If there is any unnecessary adjournment then High Court should discipline and punish the erring presiding officers of subordinate courts (without doing this the request of Judiciary for increasing Judges should be turned down).
(iii)- Full fledged legal libraries at District and High Courts especially for the benefit of those advocates who will go to District and High Courts for appeals, revisions, writs etc.
(iv)- The Boarding & Lodging facilities at nominal charges at the seats of High Court and District courts for the benefit of lawyers from subordinate courts from all over State who themselves will fight cases in High Courts and district courts and will not give cases to advocates living at the seats of High Courts and district courts
[An advocate is not worth the name unless he has practiced law for some time in High Court. To what extent Indian Judicial system has been damaged by Advocates practicing law in Lower and district Courts (who spoil the case beyond repair due to their lack of proper legal knowledge in absence of High Court experience) is well known to those people who have ever interacted with this Neem – Hakeem (half – baked) judicial community].
Regards
Hem Raj Jain
(Author of 'Betrayal of Americanism')
Bengaluru, (Karnataka) India
On Thu, Jan 22, 2015 at 2:58 AM, Dinesh Verma <dcverma06@gmail.com> wrote:
For reform in judicial system Committee after Committee were formed but, except few ,in general, recommendations were not implemented.It is well known that vacancies, from top court ,ie Supreme Court to lower subordinate courts ,are not filled up.Cases are piling up.Sanctioned strength of Judges is proportionately insufficient for the cases already pending or to meet the new institutions.Even sanctioned strength is not filled up.This also leads to delay in decision.Increase in legislation ,increase in population,increase in peoples awareness for their rights,increase in strikes by members of the Bar,increase in seeking adjournments on various avoidable grounds are other reasons for increase in litigation.The sanctioned strength of Judges at all the levels is desired to be increased by four times with simultaneous increase in infrastructure.It is for the authorities & for policy makers to consider and take an early action.D.C.VermaFormer JudgeOn Wed, Jan 21, 2015 at 10:30 PM, Dipak Shah <indiaresists@lists.riseup.net> wrote:I can give you as many as more than 20 of my cases. How they are rattled by Justices . Are they taking oath for such doing business. Without having filed Affidavit in reply by Respondents , having served the notice, dismissed the cases taking own intuition of the subject matter.!!!!!Relevance of the cases not related to the case under study!!!!Recently Gujarat High Court has made a rule that Party In Person cannot appear in his case unless Special Committee takes interview and passes him to appear and competent to appear in the case. Otherwise he has to engage Advocate in his case. This is against fundamental rights of a person under Constitution.I had seen one Advocate of one Justice loitering in the courts to canvass for doing favorable judgment !!!!In one case Justice G T Nanavati and other Justice made order immediately after abolition of Controller of Capital Issues office by Manmoihan Singh in Fianance Bill. in 1992. C C I Office was afraud and cash counter to Grant hefty premiums over the share public issue.Since the office is abolished the petition is dismissed. No Affidavit filed by Controller of Capital Issues!!! How the flow of water gate flows!!!! To fight with this I had to appeal to Supreme Court of India by spending lacs of rupees!!!!One case may be seen , very minutely. Attached Document, See also relevance of the names and Google Search all and every thing.How the Cases are being handled. There is no supervisor !! Appeal and Appeal and Appeal till you die.Shah D J
On Wednesday, 21 January 2015 8:25 AM, Dipak Shah <djshah1944@yahoo.com> wrote:
I can give you as many as more than 20 of my cases. How they are rattled by Justices . Are they taking oath for such doing business. Without having filed Affidavit in reply by Respondents , having served the notice, dismissed the cases taking own intuition of the subject matter.!!!!!Relevance of the cases not related to the case under study!!!!Recently Gujarat High Court has made a rule that Party In Person cannot appear in his case unless Special Committee takes interview and passes him to appear and competent to appear in the case. Otherwise he has to engage Advocate in his case. This is against fundamental rights of a person under Constitution.I had seen one Advocate of one Justice loitering in the courts to canvass for doing favorable judgment !!!!In one case Justice G T Nanavati and other Justice made order immediately after abolition of Controller of Capital Issues office by Manmoihan Singh in Fianance Bill. in 1992. C C I Office was afraud and cash counter to Grant hefty premiums over the share public issue.Since the office is abolished the petition is dismissed. No Affidavit filed by Controller of Capital Issues!!! How the flow of water gate flows!!!! To fight with this I had to appeal to Supreme Court of India by spending lacs of rupees!!!!One case may be seen , very minutely. Attached Documents, See also relevance of the names and Google Search all and every thing.How the Cases are being handled. There is no supervisor !! Appeal and Appeal and Appeal till you die.Shah D JOn Wednesday, 21 January 2015 1:07 AM, Manohar Sharma <mspropertyresource@gmail.com> wrote:
I and in my circle has EXPERIENCED how petitions r NEGLECTED and time PASSED to get DEATH of CAUSE of PETITIONS 4 example one see WP @ M-HC/8508/2003.On Wed, Jan 21, 2015 at 7:46 AM, sonico sharma sharma <sharmakrishna27@hotmail.com> wrote:
This message is eligible for Automatic Cleanup! (sharmakrishna27@hotmail.com) Add cleanup rule | More info
sir,
justice delayed is justice denied
Date: Tue, 20 Jan 2015 12:51:50 +0530
From: janhitmanch@gmail.com
To:
Subject: [IAC#RG] Court pendency behind India's low global ranking: World BankDate : 17-01-2015
SPEED POST
BHAGVANJI RAIYANI
I AM ASHAMED OF OUR JUDICIARYI AM ASHAMED OF OUR GOVERNMENTI AM ASHAMED OF OUR PARLIAMENT
To,1. Hon'ble Shri Pranab MukherjeeThe President of India,2. Dr.Hamid AnsariHon'ble Vice President of India,3. Mrs.Sumitra MahajanHon'ble Speaker, Loksabha4. Hon'ble Shri Narendra Modi,The Prime Minister of India5. Hon'ble Justice H.L.DattuThe Chief Justice of India6. Hon'ble Smt.Sushma SwarajMinister for External Affair7. Hon'ble Shri D.V.Sadananda GowdaMinister for Law & Justice
Please read The Times of India report dated 17-1-2015 as hereunder, captioned 'Court pendency behind India's low global ranking: World Bank finding: 'Ease of Doing Business'. India was ranked 142 among 189 countries last year. The World Bank suggested that there was an urgent need for reforms in the system of performance appraisal of judicial reforms.
We go on urging for your appointments to discuss judicial reforms but you never care to reply. Now we will be more aggressive (Gandhian ways) an pursuing the mission justice. We will take the issue before the UN and the comity of nations.
I dare you all to sue me if you feel I have defamed institutions or the dignitaries.
(Bhagvanji Raiyani)Chairman & Managing TrusteeForum For Fast Justice09820403912Kuber Bhuvan, Bajaj Road, Vile Parle (West), Mumbai – 400 056.The Times of India report:Court pendency behind India's low global ranking: World Bank.
NEW DELHI: Large pendency of cases in Indian courts and non-implementation of judicial reforms have been cited by the World Bank as one of the key reasons for India's low rank on the Bank's Index of 'Ease of Doing Business'. India was ranked 142 among 189 countries last year.
In a memorandum to the department of industrial policy and promotion (DIPP) under the commerce ministry, the World Bank suggested linking judges' appraisal with reduction of pendency in courts. Sources said the matter was discussed at a meeting organized by the DIPP recently to refine the performance evaluation system of judges to link their performance to the resolution of specific bottlenecks as suggested by the World Bank.
The DIPP is also coordinating implementation of the 'Make in India' campaign of the Modi government.
Interestingly, the World Bank suggested that there was an urgent need for reforms in the system of performance appraisal of judicial officers in the country to bring about uniformity and infuse objectivity and standardization.
The Bank cited an example from Malaysia where implementation of a reform index for judges improved case disposal rates and reduced backlog by 50% in less than three years. Another example was cited from the United Arab Emirates, where rewards were instituted for the best performers.
According to the memorandum, the liberal grant of adjournments was an often cited reason for delays in court proceedings in India. It recommended monitoring the number of times judges granted adjournments and the reasons for granting them. "This can be done through case management systems and linked to performance management evaluations," it said.
It asked the government to ensure that adjournments were not indefinite by setting a time limit.
Just a few weeks ago, the Modi government had written to chief justices of all 24 high courts to ensure speedier settlement of commercial and other disputes for creating a conducive investment climate and success of 'Make in India' campaign.
"One of the reforms introduced by Malaysia between 2009 and 2011 during the overhaul of the judicial system was the implementation of a reform index for judges," the Bank said, citing how this index, fixed by the judges themselves, was aimed at allowing them to assess and monitor their performance. As a result of this and other measures, case disposal rates in Malaysian courts improved and backlog was reduced by 50% in less than three years, it said.
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