oppn parties No More Tareekh Pe Tareekh

News Snippets

  • Supreme Court holds hotels liable for theft of vehicle from their parking area if parked by valet, says "owner's risk" clause is not a shield from such liability
  • Finance Minister says she is receiving feedback from many sectors that recovery is happening as there is lower stress
  • Sabarimala temple opens, but police bar the entry of women below 50 years
  • Finance Minister Nirmala Sitharaman says Air India and BPCL to be sold off by March
  • Media person Rajat Sharma resigns as DDCA president
  • Shiv Sena, NCP and Congress postpone meeting the governor of Maharashtra
  • Shiv Sena not to attend the NDA meeting on 17th November, says break up "a formality"
  • Shiv Sena says that the confidence the BJP is showing about forming the government in Maharashtra is based purely on its expectation of getting numbers through horse trading
  • Anil Ambani resigns as director of the bankrupt Reliance Communications
  • India beat Bangladesh by an innings and 150 rums inside three days in the first Test. Indian pacers excel after Mayank Agarwal's double century
  • Sena-NCP-Congress work out a common minimum programme, will form the government soon and it will last 5 years, says Sharad Pawar
  • Income Tax Appellate Tribunal upholds the decision to withdraw the charitable status of Young India, making it liable to pay Rs 145 in income tax. Rahul Gandhi and Priyanka Vadra are the majority shareholders in the company
  • CBI raids offices of Amnesty International across India
  • Supreme Court quashes NCLAT order against Arcelor Mittal and paves the way for the company to take over ailing Essar Steel
  • Finance Minister Nirmala Sitharaman says concerns of telcos will be addressed and no company will close down
Supreme Court dismisses plea for review in Rafale case, says no need for roving inquiry, maintains clean chit to government
oppn parties
No More Tareekh Pe Tareekh

By Sunil Garodia

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Writes for a number of publications.
Finally, a judge has had the sagacity not to condone indefinite delays and umpteen adjournments in a case and more importantly, impose penalty that does not smack of tokenism. Justice Gautam Patel of the Bombay High Court has passed an order directing the plaintiff in a case to pay Rs 4.5 lakh to the defendant for not filing a single affidavit since 2016. The judge calculated the penalty at the rate of Rs 1000 per day for the 450-day delay and said that imposing token penalties of Rs 5000 or Rs 25000 was counter-productive as parties had started taking this for granted. He said that "the costs must be real. They must be sufficient to convey the message that non-compliance with our orders bring consequences; that these consequences are inevitable and unavoidable," He also allowed just two days for the plaintiff to make the payment to the defendant.

The case under hearing was one that involved a public charitable trust named Ram Nagar Trust. Lawyers of the plaintiff tired every trick in the book to seek relief. But they were up against a judge whose threshold of patience was breached by repeated adjournments sought by the lawyers of the trust. When the lawyers said that relief should be allowed as it was a charitable trust and the land for educational purpose was in contention in the suit, Justice Patel got even angrier. He said that "this is even more shocking. That a trust should be so utterly negligent about its own case is reason enough to warrant immediate action against the trustees and have every one of them removed. A public trust has a higher duty of care, not a lower one." He added further that while the court was ready to make concessions for the poor, the helpless and the illiterate and protect them, a free pass would not be given to educated trustees who are charged with a solemn fiduciary duty only because “they claim to espouse some worthy cause.”

One hopes that judges in every court in every corner of the country are as strict as Justice Patel. It has become a racket to seek adjournments from courts on flimsy grounds. It benefits the lawyers as they charge fees from the litigant without actually getting any work done. I have written this earlier but it warrants repetition. There must be a law that limits the number of cases a lawyer can take up at any given point of time. It is only because lawyers are stressed for time that they keep seeking tareekh pe tareekh and make a mockery of the judicial process. As long as adjournments are freely allowed, the number of pending cases will never come down in India.