By: Shailesh Gandhi 1 April 2019 11:42 AM GMT We have been hearing that the Indian Judiciary would need decades to clear its backlog. The judicial system has become irrelevant for the common citizens, and this is responsible for many ills plaguing our Nation, like disrespect for laws and corruption. The ease of doing business also suffers and the rule of law cannot really prevail. The poor and marginalized are hit most in this state of affairs. Supreme Court judge Justice A M Khanwilkar acknowledges that at least 90 percent people give up their claim to justice. He added that there was only 10 to 15 percent citizens who have access to the justice system in India.A common belief is that we should have three to four times the number of judges. Some people believe that this can change only if there are major judicial reforms, or judges do not give adjournments or forgo their vacations. Some advocate the drafting of better laws. These would require changing the attitudes of judges, … [Read more...] about Judicial Backlogs Can Become History
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By: mukesh chand 21 March 2019 12:56 PM GMT “Our reputation is at stake because of this case ………..“, Chairperson Justice S J Mukhopadhaya of the NCLAT during hearing of appeals against the approval of Arcelor Mittal’s resolution plan by NCLT Ahmedabad in Essar Steel case. The words speak for itself. It shows anguish and anxiety about the manner the case has moved through various stages and how defaulters with all means at their disposal to clear dues of the Banks have tried to take the system and the law for a ride. In spite of a very clear and strong judgment by the Supreme Court, the case has proceeded at snail speed so much so that NCLAT had to intervene and set a deadline for order on resolution plan accepted by CoC. The saga of Essar is well summarised by the following quotes from famous book of Jim Collins – How The Mighty Fall. "When those in power begin to imperil the enterprise by taking outsize risks and acting in a … [Read more...] about Where Are We Heading For In Implementation Of IBC ?