AI Overview...
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Witness Should Not Delay Proceedings - Courts have consistently held that witnesses or parties cannot use procedural delays or tactics to unjustifiably postpone legal proceedings. For example, in IND_HC_RJHC020592362020, the petitioner was found to be more interested in delaying the proceedings rather than participating sincerely ASHOK KUMAR S/O SHRI PRABHU DAYAL vs M/S SAWAI MADHOPUR LODGE PRIVATE LIMITED COMPANY - Rajasthan. Similarly, in INDMAD00000135335, procedural flaws and delays in disciplinary proceedings were criticized for breaching natural justice, emphasizing the importance of timely action K.Sundaram vs The Principal Secretary to - Madras.
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Deliberate Delay as a Tactic - Multiple sources highlight that attempts to delay proceedings under the guise of procedural rights are often viewed negatively. In 01800013548, the court explicitly stated that the petitioner's attempt to delay proceedings was unjustified and that the right to a fair trial cannot be exploited to cause unnecessary postponements Vijay Kant Sharma VS Shyam Lal Chauhan - Himachal Pradesh. Likewise, proceedings initiated under Section 125 CrPC and other criminal or departmental cases have been scrutinized for delays aimed at stalling justice.
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Legal Principles Against Delay - Courts stress that procedural safeguards must not be misused to hinder justice. For instance, in 00200032998, criminal and confiscation proceedings are deemed independent, and delays in one do not justify postponement of the other. In cases of disciplinary or criminal proceedings, courts have emphasized the need for expediency and have set aside proceedings where delays were unjustified, such as in 00200060041 and 00300051645.
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Main Points & Insights:
- Delay tactics, including non-cooperation and procedural procrastination, undermine the justice process.
- Courts have upheld that procedural rights should not be exploited to cause unjustified delays.
- Expediency in proceedings is essential, and courts are inclined to dismiss or expedite cases where delays are proven to be deliberate or unjustified ASHOK KUMAR S/O SHRI PRABHU DAYAL vs M/S SAWAI MADHOPUR LODGE PRIVATE LIMITED COMPANY - Rajasthan, Vijay Kant Sharma VS Shyam Lal Chauhan - Himachal Pradesh.
Analysis and Conclusion:
The consistent judicial stance is that witnesses and parties should not delay proceedings under the pretext of procedural rights. Deliberate postponements are viewed as abuse of process and can lead to proceedings being expedited or dismissed. Ensuring timely justice is paramount, and courts are vigilant against tactics aimed at unjustified delays All sources.
Search Results for "Witness should Not Delay the Proceedings Initiated"
• India - High Court of Rajasthan - High Court Bench at Jaipur
present application and in my considered view, the petitioner is not interested in the suit proceedings but only wants to delay the entitled to participate in the further proceedings in the suit. ... were ordered to be initiated against the petitioner, however, the petitioner is petitioner, the petitioner never appeared before the learned trial ordered to be initiated against the petitioner as the petitioner div id="page0" style="position:relative;width:....
2022 0 Supreme(Raj) 2442 • India - Rajasthan
VIJAY BISHNOI
in proceedings initiated under Section 125 CrPC. ... intention was to delay the proceedings. ... application and observed that the petitioner's intention was to delay the proceedings. ... In the proceedings initiated at the instance of the respondents under Section 125 CrPC, the respondent No.l has examined herself as witness and the evidence of the petitioner has also been closed. 3. ... Though, this Court has already issued direct....
2008 0 Supreme(AP) 497 • India - Andhra Pradesh
V.ESWARAIAH
a) AP Prohibition Act 1995 - Sections 12, 13, 13-D and 8(b):- Both criminal case and confiscation proceedings can be initiated under ... the Act, but both are independent and separate proceedings Writ petition to quash the confiscation proceedings is not maintainable ... that the criminal case against the petitioner is dismissed where the acquittal of the petitioner was due to the fact of the panch witness ... This Court held that the acquittal of the employee of the society by crimina....
2021 0 Supreme(Guj) 858 • India - Gujarat
VIKRAM NATH, BIREN VAISHNAV
proceedings before it - Whether applicant upon whose petition disqualification proceedings have been initiated should be permitted ... Findings of the Court: Division Bench made it clear that even in a disqualification proceeding, if any witness ... the Designated Officer to pass any order adverse to a member, such member would have a right to seek cross examination of such a witness ... However, when we are dealing with the proceedings for disqualification under the....
2008 0 Supreme(SC) 500 • India - Supreme Court
S.B.SINHA, HARJIT SINGH BEDI
of natural justice must be complied with in such proceedings - Non cross-examination of the witness whose statement went against ... Proceedings under the Customs Act as well a Criminal proceeding was also initiated against him for the alleged ... - Departmental proceedings initiated on the ground that conduct of the delinquent embarrassed the department - If the conduct of ... Respondent intended to examine one witness in the departmental #HL_STAR....
2024 0 Supreme(Kar) 167 • India - Karnataka
SURAJ GOVINDARAJ
The petitioner sought to quash the proceedings, arguing that the Magistrate's order was typed, the criminal proceedings were initiated ... The petition was dismissed, and the trial court was directed to expedite the proceedings. ... not be recorded at the time of filing a complaint, and the delay in taking cognizance was to be excluded from the limitation period ... Therefore, the delay cannot be attributed to the respondent depriving the respondent of the criminal #....
2024 Supreme(Online)(MAD) 15195 • India - High Court of Madras
Honourable Mr.Justice MUMMINENI SUDHEER KUMAR
Disciplinary charges were initiated only in 2011 after a long delay. ... duly proved, and essential procedural safeguards were breached, notably the failure to examine the crucial witness. ... ) - The court found procedural flaws in the disciplinary action against the petitioner due to insufficient evidence and delayed proceedings ... Even the said proceedings that were initiated on 17.03.2011 were continued till 05.03.2016 when the final order imposing the punishment of dismissal from....
• India - Bombay
Criminal proceedings were initiated by the State of Maharashtra against a group Secretary of a Co-operative Society on the ground ... Section 406-Criminal Procedure Code, 1973, Section 482-Misappropriation-Quashing of proceedings on ground of delay-Misappropriation ... effected in 1980-82-F1R lodged in 1987-Charges framed in 1993-No examination of witness till 1998Amount of misappropriation already
2025 0 Supreme(AP) 716 • India - IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Kiranmayee Mandava
... ... Result: Writ Petition is allowed, and the impugned proceedings are set aside. ... (A) Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 - Rule 20 - Disciplinary proceedings - The imposition ... (Paras 6, 15, 16) ... ... (B) Natural Justice - Proceedings suffered from procedural ... It is contended that the impugned proceedings are not in accordance with Rule 20 of the CCA Rules, in as much as no witness was examined, no documents were marked and ....
2012 0 Supreme(HP) 225 • India - Himachal Pradesh
SANJAY KAROL
cannot be used to delay proceedings. ... Finding of the Court: The court found that the petitioner's attempt to delay the proceedings was not justified. ... It also emphasized that the right to a fair trial cannot be used as a means to delay proceedings. ... I am of the considered view that petitioner is now trying to delay the proceedings initiated in the year 2005. This tactics of procrastination cannot be perm....
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