Frivolous Litigation Not Only Clogs Arteries Of Justice Delivery System But Also Deprives Genuine Litigants Of Their Right To Speedy Trial: Delhi Court
3 years, 3 months ago

Frivolous Litigation Not Only Clogs Arteries Of Justice Delivery System But Also Deprives Genuine Litigants Of Their Right To Speedy Trial: Delhi Court

Live Law  

Emphasizing on the need of imposing costs in vexatious pleas, a Delhi Court has observed that frivolous litigation not only clogs arteries of justice delivery system but also deprives genuine litigants of their fundamental right to speedy trial. "In my view, a stern message is required to be sent to the litigants who indulge in frivolous and vexatious litigation as such litigation not only clogs arteries of justice delivery system but also deprives genuine litigants of their fundamental right of speedy trial," the Judge said. "It is only then the courts would be in a position to resolve genuine causes in a time bound manner and answer the concerns of those who are in need of justice," the Court observed. "Imposition of real time costs is also necessary to ensure that access to courts is available to citizens with genuine grievances and not to the frivolous petitions like the present one," the Court said at the outset.

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History of this topic

Litigant Shifting Responsibility For Inordinate Delay To Counsel's Negligence Is 'Unwholesome': Delhi High Court
2 months, 3 weeks ago

Litigant Shifting Responsibility For Inordinate Delay To Counsel's Negligence Is 'Unwholesome': Delhi High Court

Live Law  

While hearing a writ petition moved after a delay of six years, the Delhi High Court deprecated the practice of litigants seeking condonation of delay merely on the ground that their counsel was negligent or indolent. A division bench of Justice C. Hari Shankar and Justice Anoop Kumar Mendiratta remarked, “We also disapprove the unwholesome practice of seeking to explain …

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC
6 months, 1 week ago

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC

Live Law  

The Kerala High Court has observed that the concept of restitution of the litigant for the loss suffered due to negligence of the court is a fundamental principle of Indian Judiciary and Jurisprudence. This principle follows the legal maxim of Actus Curiae Neminem Gravabit which means that 'an act of Court shall prejudice no-one', that is, if a litigant suffers …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

"Out-Of-Turn" Hearings Can Cause Injustice To Other Litigants, Priority Should Be Given Only In Exceptional Cases With Genuine Reasons: Kerala High Court
1 year, 9 months ago

"Out-Of-Turn" Hearings Can Cause Injustice To Other Litigants, Priority Should Be Given Only In Exceptional Cases With Genuine Reasons: Kerala High Court

Live Law  

The Kerala High Court on Monday held that litigants should be allowed to seek early disposal of their cases only in exceptional cases where justifiable and genuine reasons are made out before the appropriate court.The Court also took note of the increasing tendency of litigants to approach the High Court for expeditious disposal of lower court cases. The Kerala High …

Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost
2 years, 9 months ago

Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost

Live Law  

The Calcutta High Court on Thursday opined that a litigant should not be penalised for the misconduct of his advocate and accordingly allowed an application seeking condonation of delay of about 9 years and 4 months in filing the revision petition.The counsel appearing for the petitioner submitted before Justice Kaushik Chanda that the petitioner had not been informed by his …

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution
3 years, 1 month ago

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution

Live Law  

While remarking that it is a classic case where the execution proceedings themselves become a second round of litigation and it takes ages for the decree holder to realize the fruits of success of a decree with judgment debtors assisted innovatively, the Supreme Court recently dismissed a SLP assailing Delhi High Court's order.The bench of Justices SK Kaul and MM …

"Inordinate Delay Would Frustrate Decree Holders From Reaping Benefits": Delhi High Court Modifies Guidelines For Expediting Execution Of Decrees, Awards
3 years, 8 months ago

"Inordinate Delay Would Frustrate Decree Holders From Reaping Benefits": Delhi High Court Modifies Guidelines For Expediting Execution Of Decrees, Awards

Live Law  

Observing that an inordinate delay would frustrate the decree holders from reaping benefits, the Delhi High Court has modified the guidelines issued by it with regards to the execution of decrees and awards by directing the lower courts to expedite the proceedings within one year of their institution. Execution proceedings instituted within two years of the decree/award The Court directed …

Some Dishonest Litigants & Unethical Advocates Bringing Entire Judicial System To Disrepute: Bombay HC Imposes 10 Lakhs Cost To Litigant [Read Judgment]
7 years ago

Some Dishonest Litigants & Unethical Advocates Bringing Entire Judicial System To Disrepute: Bombay HC Imposes 10 Lakhs Cost To Litigant [Read Judgment]

Live Law  

It is anguishing to note that such Advocates facilitate the unethical misadventures of their clients, often encouraging their clients' dishonest practices, causing grave stress to the Judiciary, and unfortunately bringing the entire judicial system to disrepute, the court observed.At this point of time, the Judiciary is mired in challenges of a very grave nature, perhaps like never before,. It is …

Some Dishonest Litigants & Unethical Advocates Bringing Entire Judicial System To Disrepute: Bombay HC Imposes 10 Lakhs Cost To Litigant [Read Judgment]
7 years ago

Some Dishonest Litigants & Unethical Advocates Bringing Entire Judicial System To Disrepute: Bombay HC Imposes 10 Lakhs Cost To Litigant [Read Judgment]

Live Law  

It is anguishing to note that such Advocates facilitate the unethical misadventures of their clients, often encouraging their clients' dishonest practices, causing grave stress to the Judiciary, and unfortunately bringing the entire judicial system to disrepute, the court observed.At this point of time, the Judiciary is mired in challenges of a very grave nature, perhaps like never before,. It is …

Delhi HC Baffled At Kejriwal's Appeal Against Order For Speedy Trial In Jaitley’s Defamation Case [Read Judgment]
7 years, 6 months ago

Delhi HC Baffled At Kejriwal's Appeal Against Order For Speedy Trial In Jaitley’s Defamation Case [Read Judgment]

Live Law  

A "completely baffled" Delhi High Court on Monday dismissed the appeals of Delhi Chief Minister Arvind Kejriwal and his aide Ashutosh against a single judge order for speedy trial in a defamation suit filed by Finance Minister Arun Jaitley.A bench of Acting Chief Justice Gita Mittal and Justice C Harishankar dismissed the appeals against a single judge order which directed. …

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