Are present laws providing enough impetus to deal with the long-standing menace of pendency of cases
As on 03 June 2019, 2,24,62,143 cases are pending (for more than one year) in the district and taluka courts across India,1 i.e. 72% of all civil and criminal cases filed in courts are pending adjudication.2 On an average, a case takes 1445 days to be concluded (from its filing till enforcement).3 It takes 1095 days, on an average, for a trial to be concluded or a judgment to be delivered.4 And, the judgment takes an average of 305 days to be enforced.5
From a global perspective, India is ranked at 77 out of the 190 countries assessed by the World Bank in its Doing Business Report, 2019 (DBR, 2019). Conspicuously, the DBR, 2019 ranks India at 163 in enforcing contracts.6
These numbers speak louder than words to describe the current state of affairs clogging the Indian judicial system.
This article takes a three-pronged approach to access whether the present laws are providing enough impetus to deal with the long-standing menace of pendency of cases.
Discourage litigation by adopting mediation
As an alternate to the adversarial forms of dispute resolution, mediation is fast emerging as a popular medium to resolve disputes. The legislature had recognized the importance of mediation in 1999,7 when alternative dispute resolution (ADR) was included in the Code of Civil Procedure, 1908, granting inter alia, mediation, statutory recognition.
In recent times, the legislature has introduced mandatory pre-suit mediation before filing commercial suits, which do not contemplate an urgent relief.8 This welcome initiative towards pre-suit mediation is modeled on the lines of similar laws enacted in Italy, Turkey, Greece, Luxembourg, United Kingdom, Ireland, etc.
This story is from the August 2019 edition of Legal Era.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the August 2019 edition of Legal Era.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Sign In
If You Think Positive Covid Is A Big Opportunity
Senior Vice President and Head of Legal, ESSAR CAPITAL, Badrinath Durvasula, holds forth on his professional journey, the essence of leadership, working from home, books and more…
PROJECT DEVELOPMENT
JOINT VENTURE TRANSACTIONS
NEW ARBITRATION RULES
PUBLISHED BY THE LONDON COURT OF INTERNATIONAL ARBITRATION (LCIA) AND INTERNATIONAL CHAMBER OF COMMERCE (ICC)
M&A in the time of COVID and beyond
What is clear for those engaging in cross-border M&A is that countries around the world are becoming increasingly protective of their economies and industries, with new rules being introduced and existing rules being more widely applied
SWITZERLAND A DIFFERENTIATED APPROACH TO FRAUD
Swiss law interprets the offense of fraud in a special way where in addition to the characteristics of deception and damage as known in many jurisdictions, a qualified lie, i.e. a malicious approach, is required
JOINT VENTURE DISPUTES MEDIATING
Mediation has shown itself to be a powerful tool for bringing a speedy and effective end to crossborder disputes while preserving the commercial relationship between them.
Recognition of HONG KONG INSOLVENCY PROCEEDINGS IN MAINLAND CHINA
A TEST CASE IN THE MAKING?
CONFIDENTIALITY IN ARBITRATION: RECENT DEVELOPMENTS IN SINGAPORE
Two recent developments in Singapore case law and legislation reflect a willingness to preserve confidentiality related obligations in all arbitrations
ESSENTIAL GOODS SERVICES UNDER IBC
WHAT DOES IT ESSENTIALLY MEAN?
A BIDEN ADMINISTRATION'S NEW VISION FOR THE AMERICAN WORKPLACE
A LOOK AT THE KEY CHANGES PRESIDENT-ELECT BIDEN IS LIKELY TO MAKE ONCE HE TAKES OFFICE
