advocates are very expensive and some time like double edged swords...this is every where in world....best is to pray the god and pray again to keep the person away from advocates/courts/police/cunning friends/evil enemies
On Sat, Jan 24, 2015 at 8:06 AM, SURESHAN P <sureshandelhi@gmail.com> wrote:
Dear sir,
Please ignore this kind of data first and try to understand the difference between India and USA. In this country , general public who approaches court or repose faith upon court is very small. We don't have well informed society and public to expect them reach court for every small violations, which includes playing music system by exceeding the permitted limit, or blocking the traffic for marriage etc etc. etc.
Now you should first watch the court proceedings in India and you can very well understand the differences.
There are huge numbers of cases which can be disposed of by one or two hearings. Witnesses were called for depositions would be examined only in rare occasions . Rest only dates !. Then why court call these witness to appear ? who not pays compensation to these witnesses for loss of their time and money?.
What is there in a simple matrimonial cases to decide ?. 1) divorce 2) continue the marriage after settling the disputes
I did not come across a single matrimonial cases in which serious question of law is required to be settled or serious disputed facts to be inquired for arriving at simple solution of divorce or continuance of marriage? .
But in this country such disputes required many years to reach at final conclusion that too some time after approaching highest constitutional courts of this country through highly paid lawyers like Kapil Sibal etc.
So where is the problem ? Is it in the language ?are these judges only well versed with the language of the highly paid senior lawyers ?
Even a simple case of non supply of documents to an accused reaches highest court and court would be convinced only if it is argued by highly paid lawyers?
Are these judges are unaware about the misuses of judicial system by few lawyers ?
What prevents the judges from fixing this kind of problems ?
Why we have much discretionary power to judges? only for granting reliefs to powerful
What will happen if this discretionary power is removed?
If bail parameters are fixed and a standard rule is followed in every case say for example
Serious offences like murder rape, robbery, armed violence no Bail
habitual offender no bail before charge sheet
persons with history of tampering with evidence no bail
corruption cases no Bail before charge sheet
Rest of the offence bail without any surety, if he has proven permanent residence.
Then what will happen ?
There are plenty number of measures which will streamline the process and reduce pendancy rate improving overall system . But no body wants to change it for the obvious reason that those who are liable to change the system is the highest beneficiaries of this system.
On Fri, Jan 23, 2015 at 7:20 PM, Dinesh Verma <dcverma06@gmail.com> wrote:Dear All,I do not hold brief for Judges nor I wish to defend the incompetent Judges.Exceptions are everywhere.I just wish to bring certain facts,as reported, to the notice of the readers.It may be known to many.In America on every 10 Lakh citizens 125 Judges are available where as in India on 10 Lakh Citizens only 09 Judges are appointed.This figure shows thatinsufficiency of judges is one of the reason for delay in disposal of cases.In 2011 the High Court of Bombay notified to fill 100 vacancies but could fill up only 41.In 2012 out of 159 vacancies only 55 could be filled up.This means even if sanctioned strength is increased ,desired number of quality officers may not be available.Still effort is to be made.D.C.VermaFormer JudgeOn Thu, Jan 22, 2015 at 9:06 PM, Ravindran P M <raviforjustice@gmail.com> wrote:Mr Verma,Any increase in the number of judges without enforcing accountability and transparency will only be wastage of taxpayers' money. The ground reality is that our judiciary is a 10000 pc failure by the basic rule that justice delayed is justice denied. And is justice denied only through delay? Abs NOT! And why the delay and denial of justice? Incompetence, ignorance and arrogance of judges!Amoung the three organs of our Constitution the law-makers are controlled by the people, bureaucracy (yes, bureaucracy, because without the active support of the bureaucracy no politician can do any wrong!) and finally the judiciary; the law-enforcers are also controlled by the law-makers and the judiciary. And then there are the ears and eyes of the people- the media waiting to sensationalise every news involving the misdemeanour of these authorities. Inspite of such strict supervision and control all that we can hear these days are about politician-bureaucrat-underworld nexus even though the fact remains that none, worth the name, from this unholy nexus have ever been punished by the holier-than-thou judiciary.So now think how bad a system can be which is not only NOT subject to supervision but also kept beyond critical observation. Well isn't our judiciary is just that? And do I need to recapitulate that quip: power corrupts and absolute power corrupts absolutely?Please read my blogs:REFORMING OUR JUSTICE DELIVERY SYSTEM atWho will judge the judges? atReport of the NCRWC- a Citizens Review atLokpal or not- the judiciary needs to be disciplined first atIndian judiciary-who said what atJudges! no sermons please atravi--On Thu, Jan 22, 2015 at 1:28 PM, 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.
Post: "indiaresists@lists.riseup.net" Exit: "indiaresists-unsubscribe@lists.riseup.net" Quit: "https://lists.riseup.net/www/signoff/indiaresists" Help: https://help.riseup.net/en/list-user WWW : http://indiaagainstcorruption.net.in
Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in
Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in
Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in
Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in
Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in
Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in--http://freedomteam.in/blog/wp-content/uploads/2012/10/ftilogo-new-300x183.jpg
P. Sureshan,
Advocate-on-record, Supreme Court Of India,
NLC( India ) Law Office
No. 90, Second Floor , Bank Enclave , Laxmi Nagar, Delhi-92..... Ph: 9818083219,7838598740,8802797432,01132081075
Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in
sincerely-
Dinesh K.Jani
Ahmedabad-INDIA
***********************************************
This e-mail is confidential. It may also be legally privileged.If you are not the addressee you may not copy, forward, disclose or use any part of it. If you have received this message in error,please delete it and all copies from your system and notify the sender immediately by return e-mail.
Internet communications cannot be guaranteed to be timely,secure, error or virus-free. The sender does not accept liability for any errors or omissions.
***********************************************
This e-mail is confidential. It may also be legally privileged.If you are not the addressee you may not copy, forward, disclose or use any part of it. If you have received this message in error,please delete it and all copies from your system and notify the sender immediately by return e-mail.
Internet communications cannot be guaranteed to be timely,secure, error or virus-free. The sender does not accept liability for any errors or omissions.
***********************************************
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.