Cases that do not fall into any of the three categories are classified in the fourth category and must also be dealt with within 24 months. However, the president has the right to settle the matter earlier. The Karnataka (Management of Case Flows in Subordinate Courts) Rules 2005, as they are called, were issued by the state government almost two years ago. Subsequently, the High Court set the rules applicable to all civil actions and proceedings before the lower civil courts. 3. In Raghubir Singh v. In the state of Bihar,[5] the Court held that the violation of the right to a speedy trial could not be inferred solely from a delay in the police investigation. The court stressed that the delay was due to the nature of the case and the general situation in the country. In the course of this case, the Court rightly stressed the need for more judges throughout the Brotherhood, as well as better appeal mechanisms and other appeal bodies for disputes of various types, in order to reduce the burden on the courts and increase their efficiency in their work.

and reducing the number of pending cases and improving the quality of judgements. Since then, the tribunal will have more time to resolve serious disputes. A person may apply promptly to the High Court to settle a particular case within a certain period of time. The High Court may order the subordinate to settle the case expeditiously and may even order the subordinate to close a case within a certain period of time. In several cases before several courts, the Constitution of India recognizes the necessity and right to expeditious justice, which can only be achieved through the expeditious resolution of cases before the courts. In recent years, the sudden need for expeditious justice has increased due to the increasing number of pending cases at all levels of the judiciary, from the lowest to the Supreme Court. The Supreme Court has recognized a fundamental rights issue as a speedy procedure, but there is no such remedy. As of 2021, more than four crore cases were pending in lower courts.

[1] There is a state of powerlessness among the courts and the population due to the absence of a considerable number of judges and the great dependence of the courts. The concept of expeditious procedure is rooted in the idea of a reasonably expeditious procedure that follows all essential aspects of a process, but is faster than the usual process. In that case, the judiciary would need centuries to catch up. Given the huge backlog of pending cases, the legal and judicial systems have agreed that the judicial system cannot cope until the number of judges is increased by two or three. It seems that it has been decided that a legal system capable of delivering justice in a timely manner is unlikely. In Anil Rai v. State of Bihar,[6] the Honourable Supreme Court has ruled that if for any reason the judgement is not delivered within six months, either party to the case has the right to file a petition with the Chief Justice of the Supreme Court to withdraw the case and refer it back to another Chamber for further arguments. It is for the Chief Justice to grant the above request or to make any other decision he or she deems appropriate in the circumstances. In Part 1, the High Court included actions relating to maintenance, custody, appointment of guardians and wards, access, administrative letters, certificate of inheritance, recovery of rent and permanent disposition.

All cases in this category must be dealt with within nine months. 4. If a judgment is not rendered within three months from the date of service of the judgment, either party to the case shall be entitled to apply to the High Court for a speedy judgment. As filed, the application must be filed with the Commission concerned within two days, excluding intermediate holidays. 2. In Santosh De v. Archana Guha,[4] the Court concluded that the case had been ongoing for 14 years and had therefore been dropped. In addition, there was an inexplicable delay of eight years, and the court found that this violated the right to a speedy trial. This case has well explained the need for prompt justice in cases where the proceedings do not progress for a long period of time and the accused/convicted person suffers due to the slowness of the proceedings in his case, which violates a person`s fundamental right to life and personal liberty.

The case stage is also crucial because the application can only be made after the evidence has been gathered, cross-examination has been completed, and the final hearing has been completed. Section 227 of the Constitution of India empowers each Supreme Court to have jurisdiction over all courts in the territories over which it has jurisdiction. The rules provide for a binding time limit for various court proceedings, such as the issuance of subpoenas/notices. The procedure provides for a maximum period of 30 days for the submission of pleadings or oppositions from the date of service. 3. The President of the competent Supreme Court shall bring the pending case to the attention of the Chamber concerned if the judgment is not delivered within two months of the conclusion of the arguments. The Chief Justice may also decide that it is necessary to distribute, for information, a statement of cases in which no judgement has been rendered between the judges of the High Court within six weeks of the conclusion of the arguments. This type of communication is sent in a sealed envelope marked “confidential”. 1.

In Vakil Prasad Singh v. In the state of Bihar,[3] the Court focused on the judicial protection of the right enshrined in Article 21 of the Constitution through prompt investigations and prompt justice. They consider it essential to protect the right to life and personal liberty, particularly in the legal sense, and, as already mentioned, to place criminal cases pending before the courts in context. Let us suppose a thorough study of the development of expeditious justice. In this case, it highlights a very relevant and unresolved issue of waiting and a sense of confusion among the courts as to the seriousness of the cases and which cases require faster operation of the law and those that do not, due to the overload of the judiciary at lower levels. Accordingly, measures have been adopted to allow a party to apply to the High Court for an order for the expeditious resolution of a case in the interests of expedited justice. The country`s courts have ruled in several cases that, with regard to the rights of its people, it is essential that justice be done expeditiously. However, to put all the practical aspects of the functioning of the courts into context, the case is subjective, as is the idea of expeditious justice.

This idea, or the right to prompt justice, is discussed mainly in the context of criminal cases, particularly when it comes to imprisonment or detention. It is crucial and necessary to maintain a reasonable balance between considerations of timeliness and justice. A speedy trial favors both the prosecution and the accused. It favours the prosecution because it does not face the problem of the disappearance of witnesses, evidence, etc. And it is in favor of the accused, because if he is innocent, he will no longer suffer. In the past, there have been cases where the necessity and importance of the right to prompt justice have been stressed: – 2. The presidents of the high courts should ask the clerks/readers of the different chambers of the high courts to provide a list of cases in which reserved judgments have not been rendered within this month`s deadline. Upon receipt of such instructions from the High Court, the lower court shall consider such a matter to be a matter of priority and shall ensure that it is disposed of as soon as possible without prejudice to the due diligence of the courts and without following the necessary procedures. However, an exception to this clause exists if the case has been pending before the courts for a long time and is stagnating or if the case has not progressed definitively. (1) The Chief Justice may give appropriate instructions to the Registry; In cases where a judgment is reserved and then pronounced, a column is added to the judgment on the first page after the title of the main event, in which the date of service of the judgment and the date of delivery are indicated separately by the bailiff concerned. Finally, it is important to mention that excessive delays have become a common feature of the Indian legal system.

There is a need to adopt a new comprehensive law on expeditious jurisdiction of cases and laws should be amended appropriately in order to achieve the objective of expeditious jurisdiction of crimes. An awareness-raising campaign should be conducted in favour of expeditious criminal proceedings. The said circular bears the No. LAW 294 LAC 2005 of 18.03.2006, issued by the Secretariat of Law, Justice and Human Rights, Government of Karnataka, Bengaluru In track 2, cases of enforcement, divorce and deportation must be settled within 12 months. Cases to be resolved in 24 months include sharing, declaration, certain performances, possession, injunction, appeals, damages, easements, trademarks, copyrights, patents and intellectual property rights. Lord James Bryce once said: “There is no better test of a government`s excellence than the efficiency of its judicial system, for nothing concerns only the well-being and safety of the average citizen than his sense that he can count on a safe and expeditious administration of justice.” [2] Trust in the judiciary as an essential organ of government rests on its cost-effective, accessible and expeditious administration of justice.