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Restoring faith in Judiciary
 

Delay in the disposal of cases dampens the spirts of the genuine litigants. Resorting to litigations is percieved as one of the tool to gain undue advantages. To illustrate (i) The heiracy of courts in India is at the apex level is supreme court, than high court whose territorial jurisdictions are defined and below it are tribunals, district courts and other courts. As per article 141 the decisions of higher courts are binding on the subordinate courts. For each level appropriate procedure and appeal/revisions are provided and when there is no alternate effacious remedy writ petitions under Article 226 and 136 are available. It is a common experience that the trial courts takes several years and further appeallant and revisional and writ remedies also consume substantial period of time and therefore it is a general perception that rich litigants gain march over poor litigant as rich litigant pursue all remedies and rich litigant neither has resources nor time and therefore due to lack of resources and time factor are forced to forgo their legal right. The judicial system needs to be renovated to deliver fast and quick verdict and the grant of stay proceeding should be in very rare cases to avoid undue hardship not as a routine matter. The sub topic to this are (i) Rent Control Cases - It is general observed that the tenent who pay very less rent spend money in court which is less than rent and space which tenenant occupies and continue to enjoy the premises by resorting to litigation which is endless. (ii) Politician who are accused in criminal cases fight election keeping criminal cases pending taking advantage that till conviction there is no in eligibility. Due to prologed proceeding material witnesses and material evidence are destroyed and the accused gets the benefit of doubts. (iii) Each and every kind of case needs dicussion in great detail. the process needs to be stremlined. Information tecnology needs to be extensively used in justice system for faster decision and restoring faith of public in justice system.

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LAW Reforms

Category: School Alumni,Company Network,Business Area
Country: India
School Name: law schools
Company Name: law companies
Industries: Law
Functional Areas: India
Streams: Law
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