The Gujarat High Court Case Flow Management (Subordinate Courts) Rules,2016 has been introduced with intent to curb the infamous delay in litigation. These rules are applicable to all civil, criminal and labour courts.
The rules provide for categorization of all cases in four tracks (i.e. Track I to Track IV) with prescribed time period allowed for cases in for respective tracks (i.e. for Track I, 9 months ;for Track IV, 24 months).
The rules provide various small and subtle new procedures which may help to restrict litgants in making delays and allow the courts to have better control in administration of filing and listing of cases.
Most importantly the rules provide fixed time period for each type of cases and the sub-ordinate courts are meant to complete cases in the given time frame and when delay is being caused, sufficient reasons are to be recorded for such delay.
One of the effective rule appears to be of awarding of cost. The rule on cost provides that awarding of cost must be generally treated as mandatory and costs should invariably follow the event and special reasons must be assigned if cost is not being awarded.
However, this is not first time when an effort is made to expedite the procedures , but previous efforts were not effective because many reasons and lack of infrastructures and staff are the main reasons for the delays. These reasons still remain as the hindrance for the proper execution of another effort for speedy trial.
It’s not a joke :
What’s the difference between a good lawyer and a bad lawyer?
A bad lawyer can let a case drag out for several years. A good lawyer can make it last even longer