Thursday, June 17, 2010

Fines should be imposed by judiciary like in this case

One of the major problems in Indian courts is the ease with which cases can be filed, the ease with which they get adjourned, and the relative difficulty with which costs or fines are imposed on frivolous or false litigation.  If judiciary needs to restore faith, they will need to impose heavy fines on frivolous litigants and dilatory tactics.  Else judiciary will remain a relief-giving mechanism who no one fears!

Rs 1 lakh fine for delaying hearing

THE High Court imposed a fine of Rs 1 lakh on a petitioner for not pursuing the petition it had filed in 1999.

Justice DV Shylendra Kumar imposed the fine on Electronics Research Limited, which had challenged the custom duty of Rs 3.88 crore, citing that the Customs department had levied additional customs duty on it. The second additional city civil court had rejected the application, after which the petitioner had moved the High Court.

When the judge called the petitioner’s advocate for hearing, the junior advocate sought an adjournment.

The judge refused to give the adjournment and imposed the fine.

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