Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2018 (4) TMI 1586

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... lly implemented benefit litigants across the country. The appeal is dismissed with costs of ₹ 1,00,000/-. - CIVIL APPEAL NO. OF 2018 (Arising out of Diary No. 8754 of 2018) WITH (IA No. 52059 of 2018, IA No. 52058 of 2018, IA. No.52056 of 2018 and IA No. 52057 of 2018) - - - Dated:- 24-4-2018 - Madan B. Lokur and Deepak Gupta, JJ. J U D G M E N T Madan B. Lokur, J. 1. Leave to appeal is granted. 2. Delay condoned. 3. The couldn t-care-less and insouciant attitude of the Union of India with regard to litigation, particularly in the Supreme Court, has gone a little too far as this case illustrates. 4. The Union of India had filed a batch of appeals which was dismissed by this Court by a judgment and order .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t so that it is not even listed and there is no unnecessary burden on the judges. But obviously, the Union of India has no such concern and did not withdraw its appeal from the Registry itself. 8. The Union of India must appreciate that by pursuing frivolous or infructuous cases, it is adding to the burden of this Court and collaterally harming other litigants by delaying hearing of their cases through the sheer volume of numbers. If the Union of India cares little for the justice delivery system, it should at least display some concern for litigants, many of whom have to spend a small fortune in litigating in the Supreme Court. 9. On 23rd June, 2010 the Union of India released the National Legal Mission to Reduce Average Pendency Ti .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ng will be suppressed from the court and there will be no attempt to mislead any court or Tribunal. 2. Government must cease to be a compulsive litigant. The philosophy that matters should be left to the courts for ultimate decision has to be discarded. The easy approach, Let the court decide, must be eschewed and condemned. 3. The purpose underlying this policy is also to reduce Government litigation in courts so that valuable court time would be spent in resolving other pending cases so as to achieve the Goal in the National Legal Mission to reduce average pendency time from 15 years to 3 years. Litigators on behalf of Government have to keep in mind the principles incorporated in the National mission for judicial reforms which .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 14. These pendency reduction steps (particularly (ii) above) have been conveniently overlooked as far as this appeal is concerned. 15. To make matters worse, in this appeal, the Union of India has engaged 10 lawyers, including an Additional Solicitor General and a Senior Advocate! This is as per the appearance slip submitted to the Registry of this Court. In other words, the Union of India has created a huge financial liability by engaging so many lawyers for an appeal whose fate can be easily imagined on the basis of existing orders of dismissal in similar cases. Yet the Union of India is increasing its liability and asking the taxpayers to bear an avoidable financial burden for the misadventure. Is any thought being given to this? .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates