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PIL seeks to regulate repeated adjournments in court cases

According to the PIL, adjournments are used as a weapon by unscrupulous litigants to weaken their opponents and force compromises, or simply to evade the long arm of the law

 
Mumbai: Aggrieved by constant adjournments of cases in the judiciary, an activist has approached the Bombay High Court seeking regulation of repeated adjournments sought by lawyers, reports PTI.
 
Activist Anil Gidwani, who himself suffered due to several adjournments in litigations in which he is involved, filed a public interest litigation (PIL) stating that many times adjournments are used by unscrupulous litigants to force compromises, or simply to evade the long arm of the law.
 
Gidwani approached the court after making applications under the Right to Information (RTI) to the small causes court and the High Court seeking to know the details of compliance of 'Order XVII of the amended Civil Procedure Code (CPC), 2002,' but was denied the information.
 
The provision deals with adjournments for civil suits, and lays down that the court should record reasons for adjournment in writing and that no such adjournment should be granted more than three times to a party during the hearing of the suit.
 
"Adjournments are used as a weapon by unscrupulous litigants to weaken their opponents and force compromises, or simply to evade the long arm of the law," Gidwani contended.
 
He also pointed out that adjournments in some cases were also sought to financially weaken litigants, as they sometimes need to pay advocates even for days when hearings were not conducted.
 
A division bench of Chief Justice Mohit Shah and Justice Nitin Jamdar while hearing the petition on Thursday noted that inadequate number of judges was also a reason for cases dragging on for long.
 
The PIL has demanded that the civil courts in the state should adhere to the CPC, and the registrars of all courts should be directed to start maintaining details of adjournments, including reasons.
 
The case will be heard after two weeks.

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COMMENTS

MOHAN

5 years ago

Thank you, Anil Gidwani

High time to revise compensation to rail accident victims says HC

According to the High Court, under the Railways Act, the Centre could empower the Tribunal to award a fair, reasonable and just compensation analogous to the principles adopted by the Motor Accident Claims Tribunal

 
Chennai: The Madras High Court has said it was 'high time' that the Centre revised compensation amount being paid to victims of railway accidents and held that the outer limit of Rs4 lakh permissible by the Railways Claims Tribunal (RCT) is 'quite inadequate', reports PTI.
 
Dismissing an appeal by the Railways challenging a RCT order, Justice P Devadass said under the Railways Act, the Centre could empower the RCT to award a fair, reasonable and just compensation analogous to the principles adopted by the Motor Accident Claims Tribunal and the Commissioner under the Workman Compensation Act.
 
On 24 August 2007, one Bakkiyaraj (24), travelling by the Chennai-Mangalore Express to Karur fell and died at an unscheduled halt at the Veeravakiyam station after the train allegedly started suddenly.
 
His parents Periyasamy and Lakshmi said as the train was crowded, their son was standing at the entrance of the compartment and had fallen after being hit on the head by the compartment door allegedly due to the abrupt manner in which the train started.
 
In April 2009, Chennai Bench of RCT held that the parents of the victim were entitled to maximum compensation of Rs four lakh, against which the Southern Railways gave an appeal.
 
Upholding the tribunal's order, the judge said an analysis of various sections of the Railway Act made it clear that if a bona fide passenger died or sustained injuries and irrespective of negligence or contributory negligence, the railways was liable to pay compensation to the victims or the dependants.
 
The Judge said that under the rules governing the railways, no matter what was the extent of pecuniary and non-pecuniary losses occasioned to the families of a deceased or victims of railway accidents, a maximum compensation of Rs4 lakh, fixed on 1 November 1997, was being paid.

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