A civil or a criminal case is called disposed of simply after
disposition of all the entered issues or charges for the situation on the
genuine date of dismissal on the last issue/charge disposition.
A criminal case in district court is said to be disposed on
the date the case is bound over to predominant court by method for a
superseding prosecution, a waiver or finding of reasonable justification, or
when the case is finally disposed in the district court by guilty plea, or
rejection or finding of no reasonable justification.
At the point when the case has been contradicted because of
issues other than those identifying with actualities and discoveries like jurisdiction,
at that point the issue was investigated and said to be disposed of as needs to
The pleadings for the situation were questioned, so it was
heard by the court, and the judgment was passed by the judge in light of the merits
deciding the case.
Right when no one has confined the facts and findings of the
case it suggests uncontested. Along these lines, whatever has been documented
has been recognized since no one opposed it and the case is arranged subsequent
to hearing and now no more hearings are expected further
The claim of the petitioner/plaintiff party is disputed, as
the petitioner/plaintiff party might not have submitted required substantial
confirmations. Rejection on default is the point at which the case is expelled
for not giving the evidence of the petitioner by staying absent repeatedly when
the process is settled.
Suit was endangered after a sharp challenge and since nothing
was left to choose with issues settled the issue was disposed of.
At numerous examples, the cases are rejected even before a
plea or trial by the prosecutor or the court. Additionally, cases are expelled
after the respondent has gone to trial, lost or won the appeal.
as dismissed in limine:
appeal is rejected in limine, at that point no new appeal can be documented on
the same cause of action as it means that even prima facie, the appeal is
without any merit to warrant its confirmation.
is no discussion to the settled suggestion of law that dismissal of the Special
Leave Petition in limine basically infers that this Court did not consider the
case worth investigating for the reason, which may be other than the estimation
of the case. Nor such a demand of this Court fills in as res judicata.
order dismissing the SLP at the edge without a point by point reasons, in this
way, does not constitute an assertion of law or a binding precedent.
between disposed and dismissed:
There are "dismissals" with and without prejudice,
and if the case was dismissed without prejudice then by then the issue can be re-filed.
Then again, if there was a "final disposition" of the case, for
example, a judgment, or something bad might happen if the case was rejected
with prejudice, at that point, it implies that the issue may not be re-opened
under general conditions.
limit for the disposal of the cases:
Sometimes “Justice delayed is justice denied” and there
should not be mere disposal and non-delivery of the case but there should be a
balance between the two. Hence we cannot expect delivery of justice in all
cases in just 5 to 6 months.
There is no time limit set for the disposal of the cases but
the higher courts regularly give directions to other lower courts to dispose of
the pending cases. Government is making efforts to speedy disposal as well by
setting fast-track courts for some cases like senior citizen cases, cheque
bounce cases and is also setting village courts.
for Delay in disposal of cases
Firstly, increase in litigation people now a days are in a
habit of dragging their point of grievances to the court of law, which rather
can be solved outside the purview of the court.
Secondly, non-adherence with the code legitimately by the
judges and by the attorney both add to same reason in a more noteworthy degree
Thirdly, the legal framework isn't outfitted with genuine
number of judges required so.
Fourthly, government can be named for contributing greatest
to the overabundance. While it can be understood that delay may occur in the
civil cases but the same is not expected in the criminal proceedings. If we
compare these two on the basis of its disposal then it is very much advent that
the criminal justice is at its worst and this position leads to a situation
where the common man had lost its complete trust on the efficacy of the
criminal Redressal system. While Justice B P Singh gave an approx. statistic
showing an average disposal and pendency of cases which would rather reveal the
actual state of justice in India todayBy and large 50 lakh crimes are enrolled
each year, which are looked to be researched by the police. The pendency of the
criminal cases in subordinate courts is 1.32 crore and the successful quality
of judges is 12,177.
Pending cases of the under trial in criminal cases are 1.44
crore. In a normal 19 percent of the pending procedures, arranged each year
deferred choices, heaped up documents and inconclusively expanding ventures,
nerve fill their need. They are the genuine barricades to advancement of any
state or country. By and large deferred choice takes it least toll from the
under special area as poor segment of our general public. They are regularly
precluded from securing their uncovered conveniences of life. Consider the
state of the poor casualty of Bhopal Gas Leak catastrophe, which inflicted
significant damage of 15000 individuals. Twenty years has gone to that
frightful episode, still the casualties are battling for its pay, which neglect
to measure up the harm caused to them.
Consider the terrible situation occurred in August 1991 as
massacre of Dalits at Tsundar in Andhra Pradesh. 13 years had passed to that
incident, the families of the victims of tsundar, still awaits justice for
those who dies. They say, they won't discover any peace until the point when
the blameworthy are punished for their wrongdoing.
Consider the state of those young ladies who was ruthlessly
gang raped during the Godhra revolts before their close relatives and family.
Consider the casualty of Best Bakery case who still
anticipates equity to be apportioned to support them yet the peak begins with
the key observer for the situation turned threatening and the whole destiny of
the pastry shop case is in disturbance. Today the casualties of all the above
identified cases know very well indeed that the cost of the fact of the matter
is amazingly high. Still they are sitting tight for the equity.
of the case under civil procedure code:
Final orders- Once the last order is passed by the court, the
case is said to be disposed of for both of the parties. Such a last order
comprises of more than one order. They are:-
1. Suit at first hearing (order XV CPC)-The court sometimes
disposes of the suit at the first hearing under order XV of the civil procedure
code. There are several grounds on which the court can dispose of the suit like
important issue is raised before the court, by both of the parties amid first
hearing, the court may dispose the suit.
event, if there is more than one respondent, and any of the respondents aren't
an issue i.e. not associated with the case documented, at that point the court
may dispose of the suit against or in favour of such respondent. As for
different respondents, the suit will proceed in its typical course.
one party fails to produce evidence, at that point the court may pass a
judgment, without going any further.
irrelevant parties have been imploded in the plaint, the court may either
arrange for cancellation of such names or out properly dismiss the suit.
2. Judgement (Order XX CPC)- A judgment is an official
conclusion about rights and liabilities of the court, on the issues raised
before it, articulated orally upon the arrival of definite hearing, or at some
other short date.
3. Decree (Order XX,rule6 CPC)- A decree holds, more than the
judgment and is drawn up within 15 days from the date on which the judgment is enunciated
and its duplicate can likewise be obtained similarly, as that of the judgment.
There can be various kinds of Decrees, such as:-
for recovery of immovable property,
for delivery of movable property,
for specific Performance of contact for the sale etc.
of the case under criminal procedure code:
According to Section 256B(4) of Cr.PC, give about the
disposal of the case by application for Plea Bargaining. Initially, after the
application for plea bargaining has been documented, the courts analyse the
accused in the nonappearance for the complainant, to guarantee that the
application has been filed voluntarily. An endless supply of intentional
recording of the application by accused the complainant or the prosecutor need
to draw a commonly concurred disposition with the accused for additionally
hearing of disposition.
265C. CrPcGuidelines for mutually satisfactory disposition.-
The courts must issue a notice to general public prosecutor,
investigating public officer and the parties to the case established on a
police report, to get together and draw a wilful demeanour agreed by all.While,
when a case is initiated generally other than on a police report, at that point
the notification is issued to the case parties to examine and reach on a deliberate
agreeable disposition for the case.
265E.Disposal of the case
Where a disposition of the case has been worked out under
section 265D, the Court will dispose of the case in the way said.
In V.Subramanianvs the State in October 2009, the plea
bargaining was not made as per the methodology mentioned under the chapter XXI-
A and the plea of guilty was made even before the presentation of the said
section legalising plea bargaining. Therefore, the plea of guilty made by the
respondents was against Article 21 of the Indian Constitution and that
consequently, the respondents are at freedom to pull back the said request of
liable and look for preliminary of the case.
So the case disposed of means that the case is completed and
a final judgement was made.