Fwd: Article: Lengthhhh of Justice: an erroneous belief holding firmly in Peoples’ mind

---------- Forwarded message ----------
From: Sandeep Jalan <sndpjalan@gmail.com>
Date: Sat, Jul 14, 2012 at 6:18 PM
Subject: Article: Lengthhhh of Justice: an erroneous belief holding firmly in Peoples' mind
To:

Lengthhhh of Justice: an erroneous belief holding firmly in Peoples' mind

 

Hi,

 

1.      The other day my cousin, over fone, got annoyed at habitually no reply received from Society about the complaints made to the Society. My cousin said, what to do if the Society doesn't reply. I said – move the court. My cousin said – the courts will take 10 to 15 years to decide, what's the point in going to the court. I said, people are erroneously, firmly holding the belief that "Court matters" takes yeeeeeeeears to conclude. It is not completely the correct situation. The annoyance over the mass general ignorance of my cousin, over the true state of affairs draws me to write this piece.

 

2.      The Indian legal justice system, may broadly be divided into Civil Courts and Criminal Courts, apart from Revenue Courts and other Courts. The proceedings in Civil Courts are regulated by Civil Procedure Code (CPC), 1908 and proceedings in Criminal Courts are regulated by Criminal Procedure Code (CrPC), 1973.

 

3.      Both CPC and CrPC provides for two kinds of procedures – One is regular full length procedure and the other is Summary Procedure. Both CPC and CrPC contain adequate provisions for expeditious disposal of cases, even in full length procedures. Depending on the nature of Civil or Criminal proceedings adopted, the respective procedure is applied.

 

4.      The heavily contentious matters generally go in for full length procedure, where the case does take 10 to 15 years or even more to conclude. However, there are specific proceedings for which Summary procedure is prescribed.

 

5.      In my limited wisdom and brief experience of litigation, I list the kind of judicial proceedings which are undertaken in Summary fashion and if diligently pursued, they may conclude in within 3 to max 12 months time. Also, it is in the interest of the lawyers that people must know that "Not all Court proceedings takes years to conclude", although Summary proceedings may also some time take longer time. Nevertheless, Criminal trials does take longer time because the liberty of the Citizen is at stake.

 

 

Summary Suits before District Courts

(for recovering money due under Written Contracts, Cheques, Hundies, Bills of Exchange, Promissory Notes, Commercial transactions, other legally enforceable debts)

http://thepracticeoflawjalan.blogspot.in/2012/04/summary-suits-order-37.html

 

 

138 proceedings before Magistrates Court (dishonour of Cheques)

http://thepracticeoflawjalan.blogspot.in/2012/04/offence-dishonour-of-cheques.html

 

 

Writ Proceedings before High Court against govt bodies / govt.

http://thepracticeoflawjalan.blogspot.in/2012/04/writ-jurisdiction-hc.html

 

 

Contempt of Courts Proceedings before High Court

http://thepracticeoflawjalan.blogspot.in/2012/04/contempt-of-courts.html

 

 

 

Arbitration before Arbitrator

http://thepracticeoflawjalan.blogspot.in/2012/04/arbitration.html

 

 

Company Winding up Proceedings before High

http://thepracticeoflawjalan.blogspot.in/2012/04/winding-up-of-companies-by-creditors.html

 

 

Consumer Court Proceedings

http://thepracticeoflawjalan.blogspot.in/2012/04/consumer-protection.html

 

 

All proceedings before "Tribunals" and other Courts, excluding district Courts.

 

 

http://commonlaw-sandeep.blogspot.in/2012/07/lengthhhh-of-justice-erroneous-belief.html

 

 

A Legal Resource

http://thepracticeoflawjalan.blogspot.in/2012/04/legal-options.html

 

-- 
Sandeep Jalan

Advocate

Mumbai