Judicial System - Changes which can Reduce Backlog of Cases in Court

There is huge pendancy of cases in court. The following things need to be addressed to reduce the number of cases in courts.

• 90% of the time spent in courts by litigants and advocates is unproductive and not required.
• The courts in India are being run to look after the welfare of the advocates and not to deliver justice. If there is a date in court and one of the parties are unable to attend they should give an advance notice of the same to the court and other party and take an alternate date from the registrar.
• Courts order filing of evidence in courts even if there is no dispute on facts of the case. This leads to extra financial burden on public exchequer in managing un-necessary papers.
• The registrar office needs to be better organised and automated.
• The number of documents and affidavits asked for at the time of filing should be reduced to bare minimum. There are a number of affidavit which have no meaning and are still being filed in courts without there being a logic.
• The visits to courts should be minimised. For filing of Written Statement (rejoinder, replication, written arguments etc) should be allowed online or by a messenger. An advocate or the personal attendance of litigant should not be insisted upon.
• Cost imposed for each and every date given. And it should be recovered from advocates.
• If no business takes place in the court, the advocates should not be allowed to charge the clients.

Cases which should be taken up more seriously -

• Contradictory statements by litigants during evidence and cross examination
• False affidavits
• Filing of un-necessary statements in court. Most of the advocates in India use same text while filing written statement and other replies even if they are wrong and unwanted. I usually prefer to file cases giving precise, correct and relevant facts only. Reply to most of the facts start with the words "That para No. ... is wrong and denied. In a recent case a 7 page written statement was filed. In the case it was written in the opening para that there are no likely hood of any dispute on facts of the case and hence on the first date arguments should be allowed. The judgement noted that there are no disputes on the facts of the case. But no cost was levied for filing such a false and irrelevant written statement. In fact I was termed and ridiculed as adamant and misbehaving for raising such a simple and honest statement.

Cases which have been decided by the Supreme Court and which may need reconsideration by the Supreme Court. These decisions are being followed by lower courts -
- Cases pertaining to Post Dated Cheques
- Cases pertaining to Blank cheques