4 ms·

i am a legal practitioner operating in these courts and let me be the party pooper, cases like these are the reason why the judiciary is fucked shit. courts in

i am a legal practitioner operating in these courts and let me be the party pooper, cases like these are the reason why the judiciary is fucked shit. courts in india have like 100 year backlog or something crazy amount. reason? i get the whole "principle" thing but get in line. because of "principled people" like this man, inmates incarcerated for 10+ years without a trial are being delayed because once admitted, each case has to be completed to the full and these shall i say "worthless petty cases" are one of the causes of delay. want to know how much delay? apparently the case, over 22 years had over 100 hearing. that means, the 100 times the court was in session, some other case got pushed back, just a tiny bit but over 100 times, that counts to a lot. now, i am not saying people should not fight for "principle" but when you are being pompous assholes for fighting over pennies while innocent men and women are being subjected to horrendous conditions in indian jails or thousands of victims of sexual crimes or other more serious issue, these principled people are causing the delay. why dont you do arbitration whereby you go outside the traditional court system and fight your battles however long you like. why are they holding up courts?

deleted 4y ago
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em-bee 4y ago
fair point. but why does it take 100 hearings to resolve a case like this?
- 2Gkashmiri 4y ago
  legal incompetence, bureaucracy, case load of judges, yada yada. the judge looks at his calender, thinks "hmm, how about 3 months from now". on that date, either of the lawyers says "judge, i need more time for an affidavit, why dont you give me 4 more months"...... on and on.. oh, btw, the next time the court does hear your case, its a different judge so you have to explain it once again and then the judge goes "next hearing date 4 months"....
  - ryandrake 4y ago
    These problems seem to be fixable either by judges themselves or by lawmakers who presumably have the power to pass laws that speed up the legal system. Lawyer: "judge, i need more time for an affidavit, why dont you give me 4 more months" Judge: "gtfo. judgment is for the prepared party"
    - epgui 4y ago
      Yeah this isn’t even judicial leniency, it’s a judicial joke.
  - mulmen 4y ago
    How are any of those things the victim’s fault? Your country has a problem, not the plaintiff.
jopython 4y ago
Maybe you should be complaining about not having enough judges to investigative the 40 millions pending cases?!
JSavageOne 4y ago
It is not this man's fault your country has a 100 year backlog on court cases, it is your country's fault. Take responsibility for your country's failure in managing its judicial system efficiently rather than trying to scapegoat a man who was ripped off by your country's railway system.
- abc_lisper 4y ago
  Hear you! This sort of unprincipled pragmatism, that overlooks any long term benefit over short term inconvenience is pretty much how things are done in India.
- 2Gkashmiri 4y ago
  how is the court at fault here? i just said if the case is admitted, it has to run its course. why did the other side not budge in the first place? why did it take them 22 years and a court to tell them they were wrong? didn't they know that? they did and they still didn't care. that is the problem, not the courts per se.
sonthonax 4y ago
Hacker News is really going to the dogs. This comment shouldn't be downvoted. It's a dissenting viewpoint that comes from a vastly more informed place than the top comment which is a petty-minded justice boner about 'principle'.
nobodyandproud 4y ago
The US has small claims courts, that expedite these sorts of issues. Does India have something similar?
wccrawford 4y ago
Why blame the person who was wronged, instead of the company that wronged him? If they had just given up, none of that needed to happen. Why is that not your focus for fixing the courts?
sokoloff 4y ago
IMO, the stubborn party who is in the wrong is far more to blame than the principled party who is in the right.

deleted 4y ago

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em-bee 4y ago

fair point. but why does it take 100 hearings to resolve a case like this?

2Gkashmiri 4y ago
legal incompetence, bureaucracy, case load of judges, yada yada. the judge looks at his calender, thinks "hmm, how about 3 months from now". on that date, either of the lawyers says "judge, i need more time for an affidavit, why dont you give me 4 more months"...... on and on.. oh, btw, the next time the court does hear your case, its a different judge so you have to explain it once again and then the judge goes "next hearing date 4 months"....
- ryandrake 4y ago
  These problems seem to be fixable either by judges themselves or by lawmakers who presumably have the power to pass laws that speed up the legal system. Lawyer: "judge, i need more time for an affidavit, why dont you give me 4 more months" Judge: "gtfo. judgment is for the prepared party"
  - epgui 4y ago
    Yeah this isn’t even judicial leniency, it’s a judicial joke.
- mulmen 4y ago
  How are any of those things the victim’s fault? Your country has a problem, not the plaintiff.

jopython 4y ago

Maybe you should be complaining about not having enough judges to investigative the 40 millions pending cases?!

JSavageOne 4y ago

It is not this man's fault your country has a 100 year backlog on court cases, it is your country's fault. Take responsibility for your country's failure in managing its judicial system efficiently rather than trying to scapegoat a man who was ripped off by your country's railway system.

abc_lisper 4y ago
Hear you! This sort of unprincipled pragmatism, that overlooks any long term benefit over short term inconvenience is pretty much how things are done in India.
2Gkashmiri 4y ago
how is the court at fault here? i just said if the case is admitted, it has to run its course. why did the other side not budge in the first place? why did it take them 22 years and a court to tell them they were wrong? didn't they know that? they did and they still didn't care. that is the problem, not the courts per se.

sonthonax 4y ago

Hacker News is really going to the dogs. This comment shouldn't be downvoted. It's a dissenting viewpoint that comes from a vastly more informed place than the top comment which is a petty-minded justice boner about 'principle'.

nobodyandproud 4y ago

The US has small claims courts, that expedite these sorts of issues. Does India have something similar?

wccrawford 4y ago

Why blame the person who was wronged, instead of the company that wronged him? If they had just given up, none of that needed to happen. Why is that not your focus for fixing the courts?

sokoloff 4y ago

IMO, the stubborn party who is in the wrong is far more to blame than the principled party who is in the right.