Indian Legal System
Need urgent advise from all my respected legal eagle friends in this group regarding the following:
1) Can a judge of the HC admit a case simply on the basis of it being a matter of an earlier reversed judgement of the appellate court against that of the lower court, rather than giving a decision on it after having heard out both the parties? If yes, then why not give the judgement by him/herself thus avoiding the dragging of the case for years and years? If no, then what should one do about it?
2) Does the interest on amount awarded by the lower court then accrue over the years(10-15-20-30 years) even though the delay is entirely on the part of the courts and system? Or is the interest payable considered as per the initial award only and nothing more than that, however number of years having had elapsed until final verdict?
3) If interest keeps accruing,though no fault of the party concerned, can one file an appeal immediately/later for a stay on further accrual of interest citing reasons? Procedure for doing this please?
Awaiting you expert advise.Any previous case judgement for reference please? Thank you all. more
1) Can a judge of the HC admit a case simply on the basis of it being a matter of an earlier reversed judgement of the appellate court against that of the lower court, rather than giving a decision on it after having heard out both the parties? If yes, then why not give the judgement by him/herself thus avoiding the dragging of the case for years and years? If no, then what should one do about it?
2) Does the interest on amount awarded by the lower court then accrue over the years(10-15-20-30 years) even though the delay is entirely on the part of the courts and system? Or is the interest payable considered as per the initial award only and nothing more than that, however number of years having had elapsed until final verdict?
3) If interest keeps accruing,though no fault of the party concerned, can one file an appeal immediately/later for a stay on further accrual of interest citing reasons? Procedure for doing this please?
Awaiting you expert advise.Any previous case judgement for reference please? Thank you all. more
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1.sir one option is to go for mediation where both parties can sit and resolve their differences. court provides mediation room as well as learned mediators to help you out.
2.interest shall not accrue if the decree debtor that is the party asked to pay up in the court has already paid the amount to the claimant. Claimant still not being satisfied can go to appellate court but since the debtor has already paid up no interest shall accrue.
3. if the amount has still not been paid the judge may allow interest to be added to the original amount. pls. remember the claimant too, just like the debtor cannot be asked to suffer for delay in courts. However the judges keep the interest at a reasonable rate and not what is asked by the party.
4. high court decides matter which is in it's jurisdiction. If it acts as a appellate court it decides the matter in appeal either reversing or retaining the original order. review and reference are different from appeals and high court may direct the original court to decide the matter in a proper manner as per due course of law. more
2.interest shall not accrue if the decree debtor that is the party asked to pay up in the court has already paid the amount to the claimant. Claimant still not being satisfied can go to appellate court but since the debtor has already paid up no interest shall accrue.
3. if the amount has still not been paid the judge may allow interest to be added to the original amount. pls. remember the claimant too, just like the debtor cannot be asked to suffer for delay in courts. However the judges keep the interest at a reasonable rate and not what is asked by the party.
4. high court decides matter which is in it's jurisdiction. If it acts as a appellate court it decides the matter in appeal either reversing or retaining the original order. review and reference are different from appeals and high court may direct the original court to decide the matter in a proper manner as per due course of law. more
Oct 28
You are suggesting to continue the legal process as it continued for ever. more
Oct 29
I filed a declaratory suit for a flat in a housing society since there is no legal claimant for more than 30 years. I paid Court fee of Rs. 50,000/- on 27.12.2017.
First hearing for serving Writ of summons on 5.5.18. Adjourned to 29.6.18. Court vacant-adjourned to 9.8.18. Adjourned for filing Writ of Summons to 15.11.18. Court busy. Adjourned to 8.2.19. Court busy. Adjourned to 12.4.19. Court Busy. Adjourned to 8.7.19. Court Busy. Adjourned to 17.10.19. Court vacant-adjourned to 20.12.19. One defendant changed address hence not received Writ of Summons. Other defendant not accepted Writ of summons. Third defendant (society) dismissed by Registrar.
After 2 years, I do not know where the case is headed to. This is still the first stage and regular hearings yet to commence. High Court and Supreme Court yet to be approached, in case my case fails here. I am already 70 years by age.
Will I get justice during my life-time is the issue. Can any one suggest a short cut to settle the case during my life-time?
What happens to the court fee paid? Who is responsible for this? Or did I commit a mistake of approaching courts?
This is the system of courts. Where is justice? more
First hearing for serving Writ of summons on 5.5.18. Adjourned to 29.6.18. Court vacant-adjourned to 9.8.18. Adjourned for filing Writ of Summons to 15.11.18. Court busy. Adjourned to 8.2.19. Court busy. Adjourned to 12.4.19. Court Busy. Adjourned to 8.7.19. Court Busy. Adjourned to 17.10.19. Court vacant-adjourned to 20.12.19. One defendant changed address hence not received Writ of Summons. Other defendant not accepted Writ of summons. Third defendant (society) dismissed by Registrar.
After 2 years, I do not know where the case is headed to. This is still the first stage and regular hearings yet to commence. High Court and Supreme Court yet to be approached, in case my case fails here. I am already 70 years by age.
Will I get justice during my life-time is the issue. Can any one suggest a short cut to settle the case during my life-time?
What happens to the court fee paid? Who is responsible for this? Or did I commit a mistake of approaching courts?
This is the system of courts. Where is justice? more
Oct 25
True . How many centuries more before the system does dole out justice at the right time and in the right manner? After all justice delayed is justice denied. The blindfold aside, it seems that statue lady justice has put on ear plugs as well.Do not see do not hear!! Wonder why none from the judiciary/govt. has done anything about it ?? Strange that though the delays are on the part of the court, yet the burden of accrued interest is passed onto the litigant.Can an appeal towards stay on this aspect of accrued interest be filed in HC/SC once the case is admitted? Meanwhile thank you all for the reply this far. more
Oct 21
If you are expecting justice from Indian judicial system, then forget it. I have been in litigation since last 12 years and never got justice from trial court to supreme court. It is just a wastage of time and money. Better have an out of court settlement, if at all possible.
Coming to your query, HC can admit a case but will not decide the case without serving notice to opposite side. If opposite side does not appear, after notice being served, case can be decided ex-parte.
So far as interest is concerned, irrespective of delay from whosoever, it is applicable unless a court decides to waive it off. more
Coming to your query, HC can admit a case but will not decide the case without serving notice to opposite side. If opposite side does not appear, after notice being served, case can be decided ex-parte.
So far as interest is concerned, irrespective of delay from whosoever, it is applicable unless a court decides to waive it off. more
Oct 21
