Why are there so many cases pending in Indian courts?

The backbone of pending case is the number of cases increasing day by day and the disposal rate of subordinate Court is very low, because of the less number of the judges, absenteeism of judges, process of trial of a case, strikes by advocates, frequent transfer of judges etc.

What are the pending cases in India?

The result: There are 4.5 crore pending cases across all courts in India, as of September 15. In fact, in 2019, there were 3.3 crore pending cases — which means that in the last two years, India has added 23 cases every minute to its pendency list.

What are legal decisions made by judges in court cases called?

These past decisions are called “case law”, or precedent. Stare decisis—a Latin phrase meaning “let the decision stand”—is the principle by which judges are bound to such past decisions.

Which authority has the jurisdiction to decide the legality of such transactions and what are the powers of such authority?

The Supreme Court has original, appellate and advisory jurisdiction.

Can I leave the country with a pending civil court case in India?

Unless the court has restrained you from travelling abroad you are at liberty to travel. The mere filing of the case, without being coupled with a restraint order from the court, does not prevent the accused from going out of India.

Why do cases take so long in court?

The more issues, evidence, witnesses, and arguments, the longer the trial will take. While a legal case may seem interminable and the delays costly, the procedures in place are designed to protect both parties and produce the fairest system possible.

How long does a criminal case take in court India?

Normally criminal case is expected to be decided within six months. Civil matters are expected to have disposal within three years. However, one can not expect disposal of case within such period of time.

What can a justice who disagrees with the majority opinion write?

If a justice disagrees with the majority opinion, he may write a dissenting opinion. If a justice agrees with the majority’s conclusion but for different reasons, he may write a concurrence.

What does cur adv vult mean?

the court wishes to consider the matter
Curia advisari vult is a Latin legal term meaning “the court wishes to consider the matter” (literally, “the court wishes to be advised”), a term reserving judgment until some subsequent day. It often appears in case reports, abbreviated as “Cur. adv.

When can a writ petition be dismissed?

HEADNOTE: Where the High Court dismisses a writ petition under Art. 226 of the Constitution after hearing the matter on the merits on the ground that no fundamental right was proved or contravened or that its contravention was constitutionally justified, a subsequent petition to the Supreme Court under Art.

How to solve the problem of pending cases in Indian courts?

Solutions to the Problem of Pending Cases in Indian Courts The government needs to double the number of judges and create all India Judicial Service. The number of judges (vacancies) should be immediately raised to at least 50,000 from the current 21,000.

How many cases are pending in Allahabad High Court?

In high courts, 94 per cent of cases has been pending for 5-15 years. In Allahabad, the country’s largest and by many accounts, an inefficient court, 925,084 cases are pending.

Where to find analysis of causes for pendency in Maharashtra courts?

Analysis of Causes for Pendency in High Courts and Subordinate Courts in Maharashtra Dushyant Mahadik 118547/2018/NM 641 Analysis of Causes for Pendency in High Courts and Subordinate Courts in Maharashtra Submitted to Department Of Justice Government Of India Jaisalmer House, 26 Mansingh Road, New Delhi-110011.

Will increasing the number of judges in the Delhi High Court help?

A study by the Vidhi Centre for Legal Policy (VCLP) conducted on Delhi HC found that in 91 per cent of cases delayed over two years, adjournments were sought and granted. Merely increasing the number of judges won’t help because adjournments are acceptable in our judicial system.