Wednesday, September 5, 2012

A Cry of The Apex Court: - "We are still in the the tunnel and the light is far away"

While rejecting the plea of Gurgaon Gramin Bank's plea about the jurisdiction of the court in the matters of Civil Appeal No.6261 of 2012, the Hon. Supreme Court of India has recently strictly commented about the burning issue of Delay in Court Proceedings and has again emphasized that " Number of litigation in our country is on the rise, for small and trivial matters, people and sometimes Central and State Governments and their instrumentality Banks, nationalized or private, come to courts may be due to ego clash or to save the Officers’ skin. Judicial system is over- burdened, naturally causes delay in adjudication of disputes. Mediation centers opened in various parts of our country have, to some extent, eased the burden of the courts but we are still in the tunnel and the light is far away. On more than one occasion, this court has reminded the Central Government, State Governments and other instrumentality as well as to the various banking institutions to take earnest efforts to resolve the disputes at their end. At times, some give and take attitude should be adopted or both will sink. Unless, serious questions of law of general importance arise for consideration or a question which affects large number of persons or the stakes are very high, courts jurisdiction cannot be invoked for resolution of small and trivial matters. We are really disturbed by the manner in which those types of matters are being brought to courts even at the level of Supreme Court of India and this case falls in that category"

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