The Court Room Procedures (Manners) are not well defined in India. Supreme Court has its own procedures and conventions. Each High Court in India has its own rules. And each judge has his own methods of hearing cases.
You are a lucky and legally healthy person if you have no case in any court. If you have a case in court and if you go to court and if you return with only date you may feel a little disappointed.
There is no survey is made, but it is my feeling that in 70% matters Lawyers are not ready, (Because client may not have sent agreed fees in advance, he may not have send some papers or signatures etc.) In 20% Judges may not be ready (if facts and laws are complicated and big heavy weight senior advocates are appearing). In 10% matters (where lawyers on both sides and Judge also is ready), matters go smoothly.
It is not possible for a judge to decide case without assistance and co-operation of both side lawyers. Perhaps, if he insist, and if there is pressure from above to finish certain cases per month, he may decide case but it will not be a just order. He can't grasp whole case unless assisted by minimum two lawyers.
Perhaps the problems lay in reluctance of Judiciary to seek opinion of Management Consultants. They are the best persons to suggest protocols for courts.
In some foreign countries, 90% issues are decided before case is called out because Lawyers are free to issue Interrogatory Letters/proceedings, without need of listing a matter in court and without any order from courts.
This can solve lot of problems if Judiciary considers these aspects.
Haresh Raichura
27/04/2012
You are a lucky and legally healthy person if you have no case in any court. If you have a case in court and if you go to court and if you return with only date you may feel a little disappointed.
There is no survey is made, but it is my feeling that in 70% matters Lawyers are not ready, (Because client may not have sent agreed fees in advance, he may not have send some papers or signatures etc.) In 20% Judges may not be ready (if facts and laws are complicated and big heavy weight senior advocates are appearing). In 10% matters (where lawyers on both sides and Judge also is ready), matters go smoothly.
It is not possible for a judge to decide case without assistance and co-operation of both side lawyers. Perhaps, if he insist, and if there is pressure from above to finish certain cases per month, he may decide case but it will not be a just order. He can't grasp whole case unless assisted by minimum two lawyers.
Perhaps the problems lay in reluctance of Judiciary to seek opinion of Management Consultants. They are the best persons to suggest protocols for courts.
In some foreign countries, 90% issues are decided before case is called out because Lawyers are free to issue Interrogatory Letters/proceedings, without need of listing a matter in court and without any order from courts.
This can solve lot of problems if Judiciary considers these aspects.
Haresh Raichura
27/04/2012