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‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’. By Syed Kamran Razvi

‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’. By Syed Kamran Razvi Legal consultant and Coordinator, earbitration.net Word Count: 3993 Corres Add: Email: P: O: Cell:

Flat No.7, Cosmo Apartments, 137B/12, Zakir Nagar, New Delhi-25. India [email protected] [email protected] 91-9810078799

Bio in brief: Practicing law in Indian courts and licensed attorney for past 15 years mainly at Delhi, conducting some public interest litigation or social action litigation. ADR has been my main focus for its applicability and wonder it can do to the clogged and over burdened Indian Court system. Developed ODR portal called earbitration.net and developed compliance software for labor and environment.

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‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’. By Syed Kamran Razvi

‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’ By Syed Kamran Razvi ABSTRACT Courtnic started in 1995 with small objective of networking apex courts across India. Initially functioning as intranet, now web-enabled application. It has evolved from single use application to multiple interface application. Most of the initiative receives thrust from government agency as part of egovernance project. This project is yet to fall into domain of PPP. Yet there is mature sign of increased number of users from different backgrounds making the program/initiative successful. However there is lack of vision and where the opportunity/space for private or ppp initiative occurs in taking the level one court technology to wider applications with supportive changes in legal apparatus like ADR, recognition of virtual applications in areas of service by summons etc. More recently earbitration.net attempts to breakthrough the existing status quo. The next space for opportunity in dispute resolution could be right in palms of consumers/users with 130 Million Mobile phone subscribers; “Justice in Palms”. KEY WORDS: ADR, earbitration, CPC, Courtnic, mediation, conciliation, Level One technology, IT, Public goods,

ICT of ODDS: The success story of 1.25Bn Indians lie in strange combination of odds. The oddity lies in struggle of resources, allocation and use of it. ICT initiative in India is one such illustrative experience. It is struggle to justify the use to those who still are to get the access to basics of primary existence. It all started in 1984 when the youngest Indian Prime Minister Rajiv Gandhi’s government decided to introduce knowledge economy as integral to India’s administered

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‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’. By Syed Kamran Razvi governance. ICT in justice system of India is providing reach to ‘Public goods’. Today the new challenge of ‘Digital Divide’ in India can be qualified as infrastructural woes ie spectrum allocation and bandwidth size, coupled with selection of corresponding technology. Fibre optic is the preferred mode for broadband outreach in remote areas. One of the private company now has laid the largest fibre optic network through out India. Making of ICT policy:

In the 1990s, the stress on IT for producing wealth and enabling development continued. A high power National Task Force on Information Technology and Software Development was set up in 1998. This Task Force prepared the blue print for making the adoption of IT a national movement, by establishing a wide network of empowered taskforce at all governmental and non-governmental levels. In 1999, the Ministry of Information Technology was established by bringing together government agencies involved in different aspects of IT5 for creating jobs to harness opportunities provided by convergence of communication technologies and to facilitate the use of IT in use of Electronic Governance. Taking into account the increasing convergence between telecommunication and IT a Communication Bill was drafted by the Government of India, followed by the Information Technology Act that was notified and brought into force on 17 October 2000. Moreover, the Information Technology for Masses Working Group has been set up with an ambitious target of establishing at least 100 million internet connections, opening up IT kiosks and cyber cafes for covering entire India. A Task Force on Human Resource Development in IT was set up for preparing a long-term strategy for increasing the number of well trained IT professionals.

There has even been a Task Force on Information Technology as a Knowledge Super Power which considers how India can become a knowledge economy and society, for which the role of education at the level of primary, secondary,

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‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’. By Syed Kamran Razvi and tertiary level is of paramount importance. Sociologically speaking it seems that the concept knowledge society will incorporate how knowledge will takeover the role of capital and labour in the economy1.

Early computerization examples: The computerization of Banks (all Public undertaking then) and Railways heralded the first interface between common man and civil servant in modern settings. The Bank employees way back in 1989 decided to oppose the entry of computers which would take away their jobs. Up till 2008 it has created five major banks (private sector) and the branches have quadrupled not only in towns but rural areas as well. National e-governance project from 2002 to 2007, has been operational with a whole new department of egovernance set up. The Railway computerization (early 1990) meant for ‘lliterates’2 to adopt to new interface without hassle of standing in the queue for 4-5 hours or travel to town fore reservations and render brokers out of petty corruption that so much plagues Indian social fabric. This was almost second revolution to first change (1977) in Railways sociology when second class passenger was given the cushions to sleep on. This was quite a replacement from the wooden sleeper benches. Indian Railways , moves 16 million passengers and one million tonnes of freight3 with 1.6 million employees and biggest nationalized enterprise since its inception in 1853. THIRD CHALLENGE: The third challenge for ICT but the first as fundamental right was taking ‘Access to Justice’4 to ‘illiterate common man’. Long before ‘Right to 1

Bajwa S B GBER Vol. 3 No.2. pp 49 – 61

2

A person who can read and write his name is literate according to National Literacy Mission , India. 3 http://en.wikipedia.org/wiki/Indian_Railways 4 Fundamental Right under Article 19 of constitution of India.

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‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’. By Syed Kamran Razvi Information Act’ was enacted and every department in the country and civil servant made accountable. Courtnic5: It started from top6 as network and ICT initiative to connect the hierarchy of constitutional courtsi. The initial objective was to provide access to the Litigants and the Judges to the orders passed and received by the litigants sitting at remote corner of the country. Courtnic was inaugurated in 1995, which would then gradually approach its second objective to become a web-based application. Thus making what was complex affair to obtain in a simple affair without paying for travel and other costs to obtain a copy of one page order or judgement and to know the listing of cases. Courts in India following British legacy in courts and laws, hear the matters day in and day out five days in Supreme Court and High Courts, and six in District Courts. It means long man hour days and costs of running courts. This is unlike US courts of Appeal or circuit courts who hear for week and work in chambers for rest of the month. Computerization has opened new avenues for millions of litigants who would like to know when the matter would come up for hearing and what time it was likely to come during the day.7 In addition it also provides the new ‘empowered’ citizen some new options which would be otherwise considerable waste of individual’s time and money. In a little way it has introduced accountability and cut a minor band in complex corruption musclelike structure. So much so by 2005 that in 10 years time of its inception it has made its impact felt right across the nation. It has been of value to all stake-holders whether Judges, Lawyers, Litigants and even researchers.

5

www.courtnic.in Appendix A to this paper” Heirarchy of Courts in India. 7 www.causelists.nic.in 6

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‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’. By Syed Kamran Razvi To illustrate the case further: India may be one fourth of US in geographical area but it has population which is almost five times. The number of litigations, almost match up the US numbers. A comparison below is briefly provided for:

CASES in US courts: State courts handle the vast majority of the nation’s litigation. (This) nation’s courts—state and Federal, trial and appellate—processed more than 90 million cases annually from 1984 to 1993. State courts accounted for over 98 percent of these filings. In 1993, state courts of general jurisdiction handled 85 times as many criminal cases and 27 times as many civil cases as the U.S. District Courts, with only 14 times as many judges. After a long period of growth, state courts reported a dip from 1992 to 1993 in total civil and criminal filings. This respite is timely given that over the past ten years, civil and criminal caseloads increased by 30 percent, juvenile caseloads rose 40 percent, and domestic relations filings rose 60 percent. In comparison, the U.S. population increased 8 percent during the same period. Cases in India: The total number of cases, which have increased in India are not from filing despite rise of population in India by about 15% from 1993 to 2007, but from pendency alone and the total number of cases pending today in Indian courts is about 25.9 million cases. To cut the case load clogging the Indian legal system, every step including many studies and projects by ISDLS, US to cut litigation has been adopted. This is an ongoing project from 1996-till date. The changes in procedural lawii, ie Civil Procedural Code, in 2002 were made8. This was complimented by new enactment called Information Technology Act 21 of 2000. The new IT Act provides legal recognition for 8

section 89 and Order V rule 9 of CPC amending act of 2002 (pl. see endnote ii as well)

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‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’. By Syed Kamran Razvi transactions carried out by means of electronic data interchange and other means of electronic communication. ADR Mechanism: Alternative Dispute Redressal Mechanism based on Case Law management9, originating in USiii, having introduced, in 2002, wherein Indian courts were making it as permanent step before adversarial proceedings could begin to cut any increase in new cases adding to pendency. Brief History of ADR: Although mediation goes back hundreds of years, alternative dispute resolution has grown rapidly in the United States since the political and civil conflicts of the 1960s. The introduction of new laws protecting individual rights, as well as less tolerance for discrimination and injustice, led more people to file lawsuits in order to settle conflicts.[1] For example, the Civil Rights Act of 1964 outlawed "discrimination in employment or public accommodations on the basis of race, sex, or national origin."[2] Laws such as this gave people new grounds for seeking compensation for ill treatment. At the same time, the women's movement and the environmental movements were growing as well, leading to another host of court cases. The result of all these changes was a significant increase in the number of lawsuits being filed in U.S. courts. Eventually the system became overloaded with cases, resulting in long delays and sometimes procedural errors.[3] Processes like mediation and arbitration soon became popular ways to deal with a variety of conflicts, because they helped relieve pressure on the overburdened court system.iv Delhi Mediation Centre: A pilot project with the help of ISDLS10 on mediation was initiated in Delhi in the month of August, 2005. The first batch of senior Additional District Judges were imparted mediation training of 40 hours duration. The trained mediators 9

http://www.beyondintractability.org/essay/adr/ http://www.isdls.com

10

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‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’. By Syed Kamran Razvi started judicial mediation from their chambers in the end of August, 2005. Thereafter, 24 more Additional District Judges have been trained as mediators during the month of September and November, 2005. A permanent mediation centre with all modern facilities was established at Tis Hazari court complex (Central Hall, 3rd Floor, Room No. 325) in October, 2005. Judicial mediation was started at Karkardooma Court Complex in the month of December, 2005 and a litigant friendly and modern mediation centre was established in May, 2006. Eleven more Additional District Judges have been trained as mediators during the month of June, 2006. A large number of cases have been referred to the Tis Hazari Mediation Centre and the Karkardooma Mediation Centre (two names of court annexed centre in Delhi)11. The settlement rate at the two centres being over 60% is very encouraging considering that judicial mediation is entirely a new concept in our country. 5 IN addition to Mediation and Conciliation centres in courts the concept of Lok Adalat has been used introduced since Legal Services Authority Act 1987. ICT in Courts: In the beginning of the project the courts in India at top end of hierarchy i.e. Constitutional and Appellate Courts were integrated in WAN. In less than 12 years of inception of ICT program in courts, the culture has seeped in District courts located in Metropolitan areas like Delhi, Kolkata, Mumbai and Chennai and some other distant places inside rural India. All new court buildings in these metropolitan areas are being equipped to integrate ‘Level One’ court technology12. Acceptability is major part of challenge, and putting it in regular use is yet another challenge. Some of the important links to courts are listed in endnotes.v However the major shortcoming of all these initiatives is the focus and utility, which has very low interface value and limited scope for dynamism. The main 11

Italics mine Court21 technology is the new version worked by NCSC and Prof.Lederer of William and Mary College, USA. 12

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‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’. By Syed Kamran Razvi agency responsible National Informatics Centre uses simple and dependable old language tools to develop these technologies mostly Unix or oracle which are easy to use, for its targeted audience. Some other stake holders involved in advising the Legal contents are National Judicial Academy and Delhi Judicial Academy, TIFACS of Department of Science and Technology. Bar Associations and Bar Councils13 are still not active participants. Thus, limiting the use of technology to only information or digitalizing (then described ‘Computerization of records’) the existing process only. The scope for enhanced capability of such web-based application is not being explored as the professionals from legal field are not yet integral part of such initiatives. Objectives of computerization14 can be summed as below: (a) to reduce costs and improve the handling of uncontested debt cases; (b) to enable the court to identify contested cases which are not up to timetable (c) to institute computer-generated reminders and summonses to dilatory parties (d) to improve forward planning of judge-time and listing of cases (e) to improve planning of resource allocation generally. Legal requisites: Computerization of Court records and administering Justice was complimented by new set of legislation to facilitate transition and incorporation of new provisions. In US, UETA15 does not override the existing requirements of laws mandating of service of summons by way of post, sending or formatting of records. For example, eviction notices generally must be posted where the tenant is most likely to see it, right on the front door of the dwelling. Even if the landlord 13

Bar Associations are societies while Bar Council are the statutory professional bodies regulating the legal profession 14 Book references ;Michael Zander p.120, quoting Consulation Paper issued in July,1987. 15 http://www.ncsl.org/programs/lis/CIP/ueta.htm

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‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’. By Syed Kamran Razvi and tenant agree to electronic transactions, UETA cannot override property law and requirements for physical posting of paper eviction notices. UETA also permits the retention or presentation of electronic records to satisfy these retention requirements, if the information accurately reflects the original and remains accessible for future reference. Indeed CPC16 of India Order V rule 9 relating to Service of summons provides for method of service as mandated in addition to new mandated method by fax and email. ICT Usage: Today each High Court in India has a separate budgetary allocation for IT provisioning. Delhi High Court would have provision for about 20 Million USD for 2006-2007. TABLE A Status of IT usage in different courts is as below: Supreme Court

Facilities for Judges and Court staff

(Level One

Technology-

wiring

of

building) 1. Terminals for staff in

Court

Facilities for Public

1.

rooms,

Option of website which

contains

PCs for judges in

the

information

Chambers

like

causelists,

and

Home.

orders and case

2. WAN

status

3. Online Library and Judgements

2.

are

First of its kind in courts efiling of

available.

petition.

4. secure mail ids and discussion forums High Courts 16

5. Item boards 6. Laptops

for

3.

Itemwise

Civil Procedure Code of 1908(as amended)-India

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panel

‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’. By Syed Kamran Razvi Judges;

for courts on web.

7. Research

4.

Assistants or Court

Touch panel kiosk for causelist.

Clerks for Judges; 8. Wireless connectivity There is no wireless

The item panel boards

only in few areas

connectivity.

are still not functional.

15 as existing

However

District

Courts

Video Revenue

Courts

and Tax Tribunals

they

have

Conferencing

facility. Judges

have

Also their websites are not updated regularly. EFILING is the option

Terminals.

for Tax courts and their

However no facilities

websites are updated

with the Field staff

on daily basis

except in few areas. Land

records

have

been computerized and placed updated

on

websites

upto

two

months before and are readily

available for

print out and email options. At present only ten states out of 25 have this facility. Some of the projects undertaken by the Department of Science and Technology in India starting April 2006, include isolated models and experiments for introducing methods which meet evidence methods those

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‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’. By Syed Kamran Razvi falling under cyber-forensics, brain mapping, Court2117 technology mainly for criminal matters. Some of the projects are now being conducted on regular basis like in Delhi Video conferencing is used for recording the presence of under trials every 15 days by a Judge as mandated by criminal procedure code of 1973 (India) till the commencement of the trial. ADR as procedural Law focus: ADR is a mass outreach program and is like adopting pre-trial conference prevalent in US and UK legal system in all civil matters. The amendment to CPC in 2002, make ADR mandatory and Courts are obliged to ascertain common facts on examination of pleadings and documents for admission and denials therein, before the commencement of trial. In Order X rule 1A, B and C have been added therein to first attempt the compromise/conciliation as provided by section 89 of CPC and fix a date of appearance and a failure to arrive at conciliation return back to court to proceed with trial process. Technology and ADR in Courts of knowledge society: While the procedural law has been amended in India, there has been virtually no reconciliation of the advantageous use of technology, including those existing options of both ‘Level One technology’ and ‘Web-based application’ for ADR on ‘as is basis’. It is now the Millenium experience, that technology can drastically reduce time and save money but it has to be dynamically used. Until the costs of hardware and software came within the reach of common man, PC penetration was not a reality so was not the web so was not email so was not Yahoo, so was not Google , so on and so forth. Indian ADR effort to cut time has not used any advantage of technology. The disposal can be quadrapuled. The number of references since last year has

17

includes digital recording,video conferencing, instant transcribing of speech to word document. Singapore and many courts in US already use this enhanced and futuristic technology.

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‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’. By Syed Kamran Razvi increased many folds and it is the tool which is being used by every judge to increase their dockets. Adding to the objectives of IT in courts and Courtnic; the standardization of procedures and guidelines of process to be adopted, are the next steps which need to be deliberated to avoid confusion in absence of the same.. The ADR techniques utilization for the objective, today remain as cumbersome as Court procedures without efiling, elisting, without date management system with the courts, etc. While the Mediators, conciliators and arbitrators face challenge of human interaction and their application of inter-personal skill in virtual settings, they can certainly learn to put to use their skills in virtual settings, to eliminate the process barriers, wherein save time and public money. It is here that the Public private participation can be of immense value since the innovative inputs are most needed to cut the huge case loads and variety of them. The over burdened court system or “pure” public goods are increasingly hampering the growth of real knowledge based society. Justice in Palms: Amidst the growth in ICT, mobile phones18 in India have outgrown PC and laptop growth, the obsolence in terms of model and technology innovations can well be seen here. SMS19 in India is a major source of revenue to such Service providers/companies. Many of the FMCG companies use this medium for grievance redressal and promotion simultaneously. ADR through courts can use this FRONT DEVICE with 3G technology on the anvil. Having an interactive site and model where parties can try these ADR options without physically present or waiting for the appointed hour can meet their agenda to work through ADR methods.

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India has 130 Million subscribers and density is now higher than landline. Rural areas have seen the real surge in growth. 19 short message service, average as on Oct 2007 was 34 per average user for a month.

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‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’. By Syed Kamran Razvi A detailed study of litigant profile, who can be divided into ‘one shotters’ or ‘repeat players’ can help a lot in tailoring the available technology its ultimate objective of delivering Justice in time. As of now litigant profiling to strengthen the alternative dispute mechanism is not available. There exist no study (independent or otherwise), of litigant profiling in India with the courts. However the new litigation in civil side are mostly ‘one shotters’, that being so, for such profile of litigants, use of technology to cut time and meet Docket objectives through web based application can be extremely useful in creating a flow cycle in the disposal of matters. Illustrations: Providing web-based conferences for the litigants at flexible hours with entire records available to users can be very effective. It can be facilitated for those who do not own PC or do not have the access to the web. A guidance support mechanism will make it work effectively. A strong argument in favour is how a person who is an illiterate or low tech can still use cell phone not just for voice but for SMS or MMS. An increasing number of people use the fancy phone models as multimedia equipment and to make home movies etc. Integrating these mobile phones access with webbased applications can give tremendous value addition. Other ISSUES: The other major challenge can be identified as IT interface to facilitate eADR being quality training of the stake holders mainly the lawyers and judges who act as mediators. Indeed as seen in the past technology integration has been possible but the stake holders had been found wanting and bereft of such initiatives. Justice system is one of the “pure” public goods which have been “under produced” by private enterprise at some time in history, however ICT changes 14/20

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‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’. By Syed Kamran Razvi have the potential to make it rival with Public Private Partnership model. When the legislation permits ‘out of court’ settlement, which by itself calls for private participation for optimal utilization and ensuing benfits for the target benefactors. eADR and Consumer movement: The next utilization of “pure” public goods in India can be to strengthen the consumer awakening and their rights by bringing the eADR methods to the millions of homes and about 350 middle class who spends 50% of their income on buying consumer durables and other consumables. Existing model: The mode to redress complaints in most Retail Finance and banking companies is mandated by law to have an internal ombudsman and complete three-step grievance redressal, online system. In an online grievance settlement mechanism typically would have complaint officer, on escalation of complaint; is redressal officer, and finally the Ombudsman. eADR an extension of online grievance system, will have tremendous advantage in terms of small claims dispute settlement. Earbitration.net20 is the first online dispute resolution Indian portal which is being preferred by some of the consumer organizations and other utility organizations to settle small claims online. The reality is that more than 2 million cases fall under this category are pending all over India when the statute called Consumer Protection Act, in 1986 was enacted to do away with court fees and a simple application with disposal time of ninety days. An average case in consumer court lasts for two minimum years if not appealed by either contesting party.

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www.earbitration.net

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‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’. By Syed Kamran Razvi

CONCLUSION: eADR presents timely disposal of disputes without going through the long drawn adversarial process which often results in appeals and second appeals to different courts. eADR techniques can lead a new dimension to pure public goods in many years to come. It can enable huge cuts in case loads on Justice system whereby making it easy for Judges, staff, lawyers and citizens to have well managed Justice System. Its ingenuity and simplicity imbibes the age old tradition of Panchayat,21 and like all ICT initiatives is likely to usher a new term and societal benefits called eJustice. ------------------------------

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Panchayat translates as gathering of five wise men to resolve disputes such was the traditional dispute resolution in over half a million in Indian villages since ancient times. An age old system in India is now mandated by constitutional provisions Art.243A to ZG, with inbuilt elements of Justice as envisaged in modern times.

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‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’. By Syed Kamran Razvi

Appendix A: Heirarchy of courts in India SUPREME COURT OF INDIA Sit in Division Benches( at least two Judges) HIGH COURTS OF STATES

SOME TRIBUNALS

(Appellate, Extraordinary, Ordinary Designated courts, Regulatory original, Company Jurisdiction authorities/Commissions, etc. exercisable in the territorial limits of the State.) 1. Some times two or more States has common High Court or Benches in various parts of a State. 2.They sit in Single and Division Benches 3.They are the inspecting judges on District Judges Criminal Courts

Civil Courts

Session Judge Court (Offences punishable by more than three years barring exception), Designated Courts.

District Judges Court (Appellate and original Trial of Suits pecuniary jurisdiction, Family Courts, etc)

Metropolitan magistrates/Judicial Magistrates/Executive Magistrates/Revenue Magistrate Courts(exercising preventive law on reference from local police)

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‘Advancing IT application in Indian Courts and eADR: Challenge to meet ‘Justice in Palms’. By Syed Kamran Razvi END NOTES:

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See Appendix A to paper Section 89 of CPC: “ settlement of disputes outside the courts-(1) Where it appears to the court that there exist element of a settlement which may be acceptable to the parties, the court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the court may reformulate the terms of a possible settlement and refer the same for-(a) arbitration; (b) conciliations; (c) judicial settlement including settlement through Lok Adalat; or (d) mediation. (2)……(d) for mediation, the court shall effect a compromise between the parties and shall follow such procedures as may be prescribed”. i

ii

Order V Rule 9 of CPC states: Delivery of summons to the plaintiff or his agent (1) The court shall issue summons and deliver the same to the plaintiff of his agent, for service, and direct the summons to be served by registered post acknowledgement due or by speed post or by such courier service as may be approved by the High Court or by fax message or by Electronic mail service or by such other means as the High Court … …… iii

inexpensive determination of every action.” (Rule 1, Federal Rules of Civil Procedure.) the United States Congress enacted the Civil Justice Reform Act of 1990, requiring each United States District court, working with planning groups of attorneys, to develop and implement a “civil justice expense and delay reduction plan.” The legislation instructed each court to formulate a case management program providing for “early and ongoing control of the pretrial process through involvement of a judicial officer” whose responsibilities include “assessing and planning the progress of a case” and “setting early, firm trial dates.” The Alternative Dispute Resolution Act of 1998 was the final related piece of legislation. That Act mandated every U.S. District Court to offer some type of court-annexed ADR process. The practice of judicial case management has spread to most state courts. Today, trial judges throughout the United States are actively managing civil cases from filing through disposition with a purpose of achieving the “just, speedy….”: http://www.isdls.com/authoritative_papers_smith.html Spangler, Brad. "Alternative Dispute Resolution (ADR)." Beyond Intractability. Eds. Guy Burgess and Heidi Burgess. Conflict Research Consortium, University of Colorado, Boulder. Posted: June 2003 iv

v

www.causlists.nic.in ; www.delhidistrictcourts.nic.in; www.delhihighcourt.nic.in

LIST OF REFERENCES: 1. 2. 3. 4. 5.

Cases and Materials on the English Legal System; Michael Zander; Butterworths;1993 ECOMMERCE LAW; John W.Bagby; Thomson ; Corporate Governance; Robert A.G.Monks and Nell Minow; Blackwell;2004 Civil Procedure Code of 1908 (as amended) Universal (India); 2008 Law relating to Computers, internet and E-commerce, Nandan Kamath, Universal, 2000 LIST OF STATUTES:

1. 2. 3. 4. 5. 6. 7. 8.

Uniform Electronic Transaction Act, 1999; Electronic Signatures in Global and National Commerce Act, (federal E-sign),2000; Information Technology Act, (India)2000; Section 89, CPC of 1908 (India), 2002 amendment and Order V rule 9; Legal Services Authority Act,1987 (India ); Constitution of India, 1950. Arbitration and Conciliation Act, 1996 (India) Indian Evidence Act, 1882