It may also happen that father filed a suit but his son gets the judgments. To achieve maximum effectiveness, it is essential that the actual decision-makers on behalf of each party, i. A case usually takes about ten to twenty years to disposed of.
The problem of delay in litigation including arrears of cases has been engaging the attention Delay in civil suits the Law Commission for a long time and Delay in civil suits a result of its recommendations made from time to time, reasonably wide changes have been made in the provisions of the Code in by making an Delay in civil suits with a view to removing the causes of delay.
However, judges and lawyers of developed countries found that the alternative is not to do away altogether with the adversarial system. It is informal, confidential, speedy and less expensive. However, there are legislative steps that can help. At the beginning of the year there were 4,76, cases pending; during that year 1,59, cases were filed making a total of 6,36, cases, during that year Justice disposed of 1,89, cases leaving, 4,47, cases pending at the end of that year.
In many areas of these countries, some thirty plus years back, public-spirited judges and lawyers put their heads together and devised a common strategy to solve the problem of huge backlog of cases, delay in the disposal of cases and Delay in civil suits expenses in litigation.
Before it is too late, innovative approaches are needed to live up to the uphill tasks of reconstructing our judiciary. There is no appeal or revision against a settlement of this nature.
The fundamental aim or motto of the judiciary is to ensure justice within shortest possible time. No party is aggrieved by the outcome, because the settlement is voluntary and is reached after considering the pros and cons of several options generated by the mediator.
The first implementation task will be to train up a large number of trainers in mediation, arbitration and early neutral evaluation. This has richly paid off. But, these changes seem to have had little impact. The government is thus responsible in many cases to prolong the litigation.
Want of skilled lawyer and indifferent court is also a contributing device for causing delay of disposal of suits. When a person is filed a suit and he precedes it for a long term and he can thing that he will not get the proper judgment.
Praying for justice, the parties become part of a long, protracted and torturing process, not knowing when it will end. A brief acquaintance with some of the major causes of delay and backlog of cases would shed light on the nature of the problem warranting not only undertaking of concrete measures for their eradication, but also making systemic adjustments and changes including changing our mind-sets.
But in recent years, certain objective and subjective factors have led our judiciary to a situation where its demerits are ruling over the merits, manifesting in crippling backlogs and delays.
The legal system may very well be described as admirable but at the same time slow and costly and entails an immense sacrifice of time, money and talent. I don't know which response to send. In a country like Bangladesh which can boast of a very ancient and rich tradition of rural mediation and conciliation, insufficient use of village courts which contain the fundamental elements of mediation is difficult to understand.
It would be wise to leave the matter whether a case or part of a case should be referred to mediation or arbitration to the discretion of the trial judge, without leaving the matter entirely to the willing consent of both parties.
The fact remains that the very cases are misused and abused in order to delay cases for an indefinite period and ultimate success in the cause often proves false.
The degree of radicalism of the judiciary is limited both by the system of appointment by the ruling government, and by the desire of judges to reflect the values of their particular jurisdiction.
Splitting up of the criminal records for simultaneous trial of the adult as well as juvenile offenders at two separate court; frequent hearing to the bail matters for the same accused persons; non-appearance of the magistrate recording the confessional statements of the accused persons even after repeated issuance of summons and processes; non-arrival of the Investigation officer even after exhaustion of all the process; non-compliance of warrants by the police personnel; non-appearance of the expert witnesses for proof of the expert reports and dilatory tactics of the defense lawyer etc are the usual components of delay in the disposal of criminal cases.
A number of causes seem to be responsible for creating this crippling situation in the way of our justice. But, these changes seem to have had little impact. Legal aid in Bangladesh is critical for access of the people to justice.
A deadline is a wonderful tool for focusing the mind. The first implementation task will be to train up a large number of trainers in mediation, arbitration and early neutral evaluation. For this reason court lost its important.
In this sub-continent of ours, mediation by village elders and arbitration by impartial individuals or group of individuals have continued since time immemorial. When signed by the parties, their lawyers and the mediator. A case usually takes about ten to twenty years to disposed of.The parties who stand to lose various assets in the DoJ’s civil suits argued that the US government had tried to keep the claimants from appearing in the case for many months in an attempt to.
Delay is a very harmful matter for civil suits. And its situation in Bangladesh is very dangerous. Time consumed for the final disposal of cases from the date of its institution is too long. years in many instances.
THE LAW'S DELAYS: REFORMING UNNECESSARY DELAY IN CIVIL LITIGATION Melvin M. Belli* INTRODUCTION Trial delays are the bane of the American legal system.
Legal advice online in India on Indian kanoon: Unreasonable delay in civil suit caused by giving unnecessary adjournments in the case and keeping the case.
A STUDY ON DELAY IN THE DISPOSAL OF CIVIL LITIGATION: BANGLADESH PERSPECTIVE Mohammad Mizanur Rahman Chowdhury Lecturer civil suit, a case is dragged for 10 to 15 years, or even more. By the time judgment is pronounced for the delay in civil cases. On the other hand. Rather the Committee found unnecessary and unreasonable delay in almost all the above stages of civil suits in the courts visited by it.
However, this is not to say that the courts have not had enough ready cases to be taken up for hearing.Download