Advocates urged to collaborate with trial courts, SC deprecates unnecessary objections

Advocates urged to collaborate with trial courts, SC deprecates unnecessary objections

On September 14, 2023, the Supreme Court has raised concerns over the significant backlog of cases in Maharashtra's Trial Courts and emphasized the need for cooperation within the legal community. The apex court expressed disapproval of advocates resorting to unnecessary objections during cross-examinations, which often lead to trial delays.

The bench, comprising Justice Abhay S Oka and Justice Rajesh Bindal, has urged legal practitioners to collaborate effectively with Trial Courts to expedite proceedings. The court stressed that continuous objections during cross-examinations disrupt the flow of trials and contribute to lengthy legal processes.

The Supreme Court highlighted the extensive backlog of suits in Maharashtra's Trial Courts, citing data from the National Judicial Data Grid. The bench emphasized that without the cooperation of legal professionals, the overwhelming number of pending cases would severely hamper the court system's functioning.

During the proceedings, the Supreme Court reminded members of the Bar of their role as officers of the court, emphasizing the importance of conducting themselves reasonably and fairly. The court underscored that fairness should be a fundamental principle guiding the practice of law and advocacy.

In a specific case before the Supreme Court, an appeal was being considered concerning a stay granted by the High Court of Bombay in a copyright infringement suit. The Supreme Court expressed concern about the conduct of a member of the Bar during the trial, noting that persistent objections by counsel had necessitated recording a substantial portion of the cross-examination in a question and answer format. This lengthy process consumed a significant amount of the trial court's time.

This development serves as a reminder to legal practitioners to prioritize the efficient and fair conduct of trials. By reducing unnecessary objections and cooperating with Trial Courts, the legal community can contribute to expediting the resolution of cases and alleviating the burden on the court system.

Title: "Brihan Karan Sugar Syndicate Private Limited v. Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana," | CIVIL APPEAL NO. 2768 OF 2023.

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