#Pravade | Explore Tumblr posts and blogs

loyallogic · 5 years ago

Text

Case Disposed: What all you need to know?

This article is written by Madhuri Pilania, a first-year student pursuing BBA.LLB. from Symbiosis Law School, Noida. This is an exhaustive article dealing with the topic Case Disposed and the nature of disposed cases.

Introduction

Case disposed is easily understandable as the case dismissed but there is a difference between these two terms. You may see it as a simple term that case has ended and hence disposed but actually, it contains more than that like the nature of case disposed, the time limit for case disposal, case disposed under CPC and CrPc and terms like these.

Case disposed

When a case enters into a criminal court it will remain pending until it is disposed of and removed from the docket of the court.

Case disposed meaning

A case disposed means the case is completed in the terminology of court proceedings. A civil or criminal case is said to be disposed when all the issues or changes in the case it has been disposed of. It is done on the actual date of dismissal.

The common reasons for case disposal include a dismissal, a guilty plea, or a finding of guilty or not guilty at trial by either a judge or jury.

The Supreme Court has passed an order in Hussain v. Union of India that suggested various steps that High Courts should take to dispose of criminal cases, particularly bail petitions, in a speedy manner. This is the latest case in which the Supreme court of India starting from the Hussainara khatoon case recognized speedy trial as a fundamental right under Article 21.

Most of the orders, including the latest one, stipulated guidelines for High Courts and subordinate courts or lower courts on disposing of criminal cases, including bail petitions and treatment of cases involving undertrial prisoners. These orders further mandate High Courts to frame rules lower courts to implement the principles declared by the Supreme Court.

Case disposed meaning in Hindi

The term case disposed means “Mamla Niptaya’ in Hindi. To dispose is “pravad” in Hindi.

Can a disposed case reopen?

Yes, a disposed case may be reopened if a party to a case is not satisfied. In case there is a mistake or unintentional surprise a relief can be granted that will effectively reopen the case for further proceedings. Also if new evidence is discovered which can alter the judgement then a case may be reopened. For example, in the case of CBI vs Shrikant Jain and others, disposal of old cases were discussed.

Time limit for disposal of case

“Justice delayed is justice denied” if the person does not seek justice. Disposal of a case is not the only requirement but a balance between the disposal and non-delivery of a case shall be recommended. We cannot expect justice in all cases in just five to six months.

There is no time limit for the disposal of cases. The higher courts regularly give directions to the lower courts like district courts to dispose of the pending cases. The government is making efforts to speed up the disposal of cases and setting fast track courts so that cases of senior citizen cases, cheque bounce, and village court cases can justice as early as possible.

Why there is a delay in the disposal of cases?

Increase in litigation cases, which means people nowadays drag their point of grievances in the court of law that can be solved outside the scope of the court instead. The legal framework in India is such that the number of judges is not appropriate. As the number of judges required and the number of judges we have are different.

Overabundance in India is a problem but the delay cannot be expected in criminal cases with respect to civil cases. The scenario of criminal cases on the basis of disposal is advent.

Disposed pending case status

A pending case is the one that has begun but not yet completed. The process of completion and adjustment is pending. A pending lawsuit is from the starting itself till the issuance of final judgement by the court.

According to a survey, there are 1.44 crore pending cases under trial in criminal cases. Considering the landmark case of Bhopal gas leak disaster, there was a significant number of people who suffered injuries. Twenty years have passed but still, there is negligence in measuring up the harm caused to those people.

Similarly, there was a massacre of Dalits at Tsundat in 1991 in Andhra Pradesh. Thirteen years have passed to that incident still the families of the victims are waiting for justice for those who died.

Case disposed under CPC

Once the last order is passed by the court, the case is said to be disposed of, in the case of both parties. Such order comprises of more than one order, this is known as final order.

Sometimes the court disposes the suit in the first hearing under order XV(fifteen) of the civil procedure court. Some of the grounds on which the court may dispose the suit are:

The court may dispose the suit if the issue raised is not important by both the parties in the first hearing.

If there is more than one respondent or defendant and none of them are issues which means if they are nor associated with the documented case, the court may dispose of the suit either in favor or against the defendant. For every defendant, the suit will proceed differently.

The court may pass a judgement, without going any further if any of the party fails to produce evidence.

If the plaintiff is found irrelevant party then the court may either arrange cancellation or probably dismiss the suit.

Judgement (Order XX CPC) – Judgement is an official conclusion about rights and liabilities of the court and It is based on the issues raised.

Decree (Order XX, Rule 6 CPC)- A decree can hold more than judgement and it is drawn within fifteen days from the date on which the judgement is announced. Types of decrees:

Decree for recovery of immovable property.

Recovery of money.

Decree for movable property.

Decree for possession.

Decree for specific performance of contract of sale and many more.

Case disposed under CrPC

The case disposed under CrPc talks about the disposal of a case when an application is given for plea bargaining. Under Section 265B verification is done of the application and after a further procedure, the case is disposed.

The Criminal Procedure Code states that the court needs to issue a satisfactory disposition for the parties involved under Section 265C.

Under this section, the courts are required to issue a notice to the general prosecutor, parties and the investigation public officer. This is required because the case established is on a police report.

Under Section 265D the court is required to dispose the case as said in this case. In V.Subramanian vs. the State, the plea bargaining was not made as per the procedure mentioned under the chapter XXI- A (Twenty-one) and the plea of guilty was made even before the presentation of section legalizing plea bargaining. Therefore, the plea of guilty made by the defendants was against Article 21 of the Indian Constitution and consequently, the respondents are at freedom to pull back the said request of liable and look for preliminary of the case.

Click Above

Case disposed v case dismissed

The term disposed is a wider term then dismissed. If a case is dismissed, the court closes the matter without taking a decision. On the other hand, disposition means that matter or the case has been decided by the court on the basis of merits or a judgement or order passed. The judgement is passed after studying all the facts and evidence related to the case after hearing both the parties in the case of disposal.

The term disposing is used in a much wider sense as compared to dismissed. When it comes to dismissal, the court passes the judgement even without hearing the plea if any of these factors are there:

If an improper complaint or charge has been filed.

Lack of satisfaction for an arrest.

Lack of evidence.

The witness is not available.

Case disposed by judge

When a case is disposed of it means it is finished and has been removed from the docket of the court. Disposed by judge basically means that the case is closed by the judge.

Nature of disposal

When a case is disposed, all the proceedings are completed and the decision by the judge has been made. It does not matter whether the case is a civil case or criminal, the disposal of a case can take place only after the completion of all the issues and charges that are involved in the case. If there are multiple charges, the case can be disposed of on the date when the final issue is settled. Also the decision of the court matters in the disposal of a case.

Contested otherwise

When there are issues that are not related to the facts or findings of the case, the case is opposed. This type of disposition is said to be contested otherwise. For example- A different jurisdiction.

Contested judgement

In this type of judgement, the pleadings are disputed and so the judgements are based on merits of facts. Hence, this is known as disposing of the case when pleadings are disputed.

Contested dismissed

The parties here dispute the facts and findings of the case and they are not able to prove it by a piece of strong evidence. When either of the party gets absent repeatedly on the date of hearing it leads to the dismissal( it means the act of rejecting something or rejection) and disposing of the case.

Contested compromise

In contested compromise, the suit filed is compromised due to a keen contest. Since there is no decision lest related to the issues, the case is disposed.

Uncontested otherwise

The case is disposed by relying on the details and facts as there is no one to oppose the facts and hence the court gives the judgement.

Dismissal of Civil cases

A person can file a lawsuit and he or she may want to withdraw the case. A defendant can also move for a dismissal. A defendant can seek a remedy in the form of dismissal if the lawsuit is filled in the wrong part or where there is no legal basis to may claim.

“Res Judicata” refers that the matter involved has already been decided by the court in a previous case and hence, it cannot be heard again in the succeeding case. In the case of res judicata, the matter cannot be raised again, either in the same court or in a different court. The court can dismiss the whole case before the final hearing.

In the case of Satyadhyan Ghosal v. Smt. Deorajin Debi, principle of Res Judicata was invoked in the proceedings of the case and the provision related to decisions.

Disposed as dismissed in limine

The word “Limine” means “at the start”. If an appeal is dismissed in limine, no fresh appeal can be filed on the same cause of action. It will imply that it is prima facie and the appeal is devoid of any merit.

Case disposed contested allowed

When the person has contested as a respondent or defendant in a case and the maintenance allowance order has been passed against the person it is known as case disposed contested allowed.

Case disposed uncontested transferred

In a court of law, uncontested means “not disputed” or the issues that are agreed upon by both parties. Uncontested transferred means that the case is not yet starred but is transferred to some other court or place. When the responding party does not defend the lawsuit actively or properly it is referred to as case uncontested. In such a case, parties can file the papers without hiring an attorney as it becomes faster and less expensive.

For example in uncontested divorces, the parties are in agreement on all matters, and the court serves to approve their divorce agreement. In some states, expedited procedures exist for uncontested divorce, sometimes referred to as dissolution.

Case disposed divorce

A divorce begins with a divorce petition or divorced papers. It is a contract between the two parties who have to follow once it is signed by the judge as it becomes a law that needs to be followed. On of the spouse who wants divorce writes and serves it to the other spouse. The spouse gets the paper and signs them which means he or she has agreed. Until the final divorce decree is signed, the case is said to be active. Since the case is active, the court is waiting to finalize it. When the divorce decree has been signed by the judge the divorce case is said to be disposed and therefore it is closed. The procedure of the divorce case disposal depends on in which the case has been filed and the length of time between an active case and a disposed case.

In some instances, the case is disposed can be used by the court to mean that the case has been dismissed. If the person wants to know the status of his or her case, one can know by calling the lawyer or divorce attorney. With technological advancements, one can check the status online and know is the case active or disposed. The term “disposed” in a divorce case is basically that the case is finalized and closed. However, in some rare cases disposal can also be interpreted as dismissed.

Case disposed with disposition

Disposed is a generic legal term which means that the case or proceeding is completed. Disposition is used in reference to the way in which the case was resolved. A civil case is considered as disposed only when all issues in the case have been disposed, and on the actual date of dismissal or judgment on the last issue disposed. Disposition is the final determination of a case or issue when it is used in relation to a property.

Disposed case traffic ticket

A traffic ticket is a notice issued by law enforcement to a motorist or any other road user, that indicates the user has violated traffic laws. For example, if a ticketing officer or if the cop fails to show up, the judge may choose to dismiss the case. Also if the evidence is not sufficient the judge may dispose of the case.

A violation of the traffic rules can usually be disposed of by payment of a civil penalty or an election to attend a defensive driving school course. A court appearance is not required, except in cases where the violation involves an accident with serious bodily injury or fatality to another.

Conclusion

So the case disposed of means that the case is completed and a final judgement is made. But it does not mean that the case has been quashed. People can apply for a copy of the final judgement or decree to find out about the case without delay if the matter is of a sensitive nature. Disposed case can be reopened if the party wants or if some mistake was found in the decision.

Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skill.

LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:

https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA

The post Case Disposed: What all you need to know? appeared first on iPleaders.

Case Disposed: What all you need to know? published first on https://namechangers.tumblr.com/

0 notes