Md Shamim Aslam,
It is the best process. People who go to court are frustrated as it is. The legal complications get them even more bogged down. If there is a system which will arrive at a settlement ratified by the judiciary it will be a big boost for the common people.
Certainly, this is the only way out. The court is an institution where people go to seek justice but if the wait takes so many years that people who seek justice may not be alive to hear the verdict.
Out-of-court settlement can never be the way out of the legal logjam. Such settlements create various problems. Suits should be settled through the court.
The legal system in our country has collapsed and people have lost faith in it. People are confined behind bars for months, waiting for a hearing. Cases keep piling up and clearing this mess is virtually impossible. Hence out-of-court settlements are the best way out, specially for petty cases. Personal feuds over money, property and even matrimony are best settled out of court rather than wasting time and money getting stuck in the legal logjam.
Yes, out-of-court settlement is the way out of the legal logjam. It has been seen that courts in India take a substantial period of time to reach a verdict. The process is exorbitantly expensive, agonisingly slow and a futile piece of exercise. Justice delayed is justice denied, and this is exactly what is happening in all court proceedings across the country. The litigant is the worst sufferer in the legal logjam. In such circumstances, out-of-court settlement is the only way out if success has to be achieved at all. There should not be any objection to this because a mutual settlement is the most satisfying result.
nI think it is a ridiculous idea to try to find a way out of the legal logjam through out-of-court settlements. It is better to amend our legal proceedings. If the cases are solved quickly, then there will be no logjam. Out-of-court settlements may create problems in our legal system.
The judiciary’s work is to explain the law and save people from oppression. The executive’s work is to implement the court order. But in India, there is hardly any co-ordination between the judiciary and the executive. Corruption has entered all sections of society. After 55 years of Independence, we dare not cross the portals of the court and the police station, such are our fears. Consequently, out-of-court settlements have been legalised by default in our country.
Address not given.
If all cases can be settled out of court, what is the use of law and order in a country' If such settlements become prevalent then why will people waste their valuable time to acquire a degree in law' What’s the necessity of appointing judges, lawyers and police personnel to tackle the evils of society'
Moving court, even for a minor dispute, may result in a waste of money, time and energy. Mutual settlement with the consent of both parties can be arrived at out of court for long-pending cases. But this custom cannot be accepted in all cases. If out-of-court settlement comes into vogue it can surely result in the play of money and muscular power.
I don’t think that out-of-court settlement is the right way to avoid a legal logjam. These can create law and order problems. There are many matters which cannot be settled without the decision of a court, like disputes between the tenant and the landlord. In this situation, a court settlement is essential. Courts are basically for the common people. So people should keep faith in the judiciary.
When dozens of cases remain pending for years, the affected parties are certain to become desperate. Instead of prolonged waits, out-of-court settlements may be adopted as a pragmatic and speedy way to escape legal complications. If they are granted judicial sanction, minor disputes can be settled out of court. But an important and unavoidable issue which can crop up would be to decide which cases should be categorised to be dealt under this. Such out-of-court settlements would reduce the courts’ burden and definitely save labour, money and time. It is also notable that the government is encouraging such settlements, like setting up Lok Adalats for civil cases. The only drawback which would evolve out of this is the use of muscle and money power.
Gauri Bari Lane.
Innumerable cases are pending in the courts. This is because of a faulty judicial system. There is no denying the fact that the number of judges in the courts is disproportionately less than that of the cases piling up. Cases sometimes continue for years putting the litigants through unimaginable hardships. The only option to get rid of legal logjam is out-of-court settlement with most cases using the services of retired judges. But it must have legal sanction to avoid any complications in future.
Despite the delay in sorting out pending cases, we have to back the Indian courts, rather than go in for mutual understandings, for impartial judgments. Instead of out-of-court settlement, the government can consider setting up a few more courts or decentralising the legal system. This may reduce the load on our courts and speed up the process.
Yes, out-of-court settlement is certainly a way out of the legal logjam. The involved parties would only be too happy to resolve their dispute quickly, which is often not possible in court, where a case gets resolved only after running circled around the court for a good number of years and spending nearly a lifetime’s savings!
Out-of-court settlement may not be feasible at all places. Social vices like bribery is likely to creep into the system, crippling the legal process further. The only way out of the legal logjam is to increase the number of judges and set up more courts.