A STUDY ON CASE

MANAGEMENT
CONFERENCES IN
INDIA.
A Study on Case Management
[Publish Date]
Conferences in India.

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NАME: Sunаinа Shаrmа

UNIVERSITY: School Of Lаw, UPES, Dehrаdun

CONTАCT NO: 9149397352

YEАR: 5TH SEMESTER (JUST STАRTED)

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SPECIАLIZАTION: Corporаte lаws

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S. No. Contents Page No.

1. Introduction 3-5

2. Pre-trial hearing and case management systems 5-7

3. ROLE OF A JUDGE IN CASE MANAGEMENT 7-9

4. Case Management in India 9-11

5. Case Management Conference 12-13

6. Case study 14-16

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Introduction12

CASE MANAGEMENT is a judicial process which provides effective, efficient and

purposeful judicial management of a case so as to achieve a timely and qualitative resolution
of a dispute. It assists in the early identification of disputed issues of fact and law, the
establishment of a procedural calendar for the life of the case and the exploration of a possibility
of resolution of the dispute through methods other than the Court trial.

CASE MANAGEMENT requires early assignment of a case to a judge who then exercises
judicial control over the case immediately after it is filed and keeps track of the record at every
stage. The Judge applies judicial process to the rival contentions at the earliest stage after filing
of the written statement and requires and enforces active participation and joint communication
amongst the parties and their lawyers for the smooth progress of the case. Case management
technique mobilizes early preparation of respective cases by the parties and their lawyers by
requiring them to identify the real controversies in the case and seeking early response from
the other sides on the questions of facts and law raised by the opponents; this is done effectively
utilizing procedures laid down by Civil Procedure Code. It requires submission of separate case
management statements by each party and enforces the other side to answer any of the
requisitions, if any made by each party and, in addition, provides sanctions for non-compliance.

At the time of hearing of the case management statements by the parties, the Judge evolves a
joint case management statement by all the parties recording therein, inter alia, the admitted
and disputed facts. Minimizing or narrowing down the controversies, and explore the
possibility of early resolution of disputes by judicial
settlement/conciliation/arbitration/mediation/early neutral evaluation. The Judge then delivers
early judgment on agreed, admitted or uncontested questions wherever possible, thereby
greatly reducing the case load.

If the case remains undecided after the above stated efforts fail, the judge fixes the schedule
for the trial of the case and directs the parties to follow and adhere to the said schedule so that
he may run and finalize the trial expeditiously.

1 https://lаwcommissionofindiа.nic.in/аdr_conf/nirаnjаn%20cаse%20mnt12.pdf
2 BMJ: British Medicаl Journаl, Vol. 299, No. 6697 (Аug. 19, 1989)

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Delay defeats equity and many times delay amounts to denial of justice. Law’s delays create
tremendous backlog which, in turn, creates confusion and chaotic conditions in the
administration of justice and results in the loss of public confidence in the judicial system. The
causes for delay are attributable to explosion of litigation, fewer judges and lack of awareness
to tackle the problem of delay. A laissez fair approach in the handling of case load results in
the piling 9 up of cases. Lack of will and joint co-operation of legal actors the judges and the
lawyers – and total non-involvement of litigants have left the “unattended child to its fate”. The
problems have multiplied due to lethargy and passive handling of the administrative aspects of
the case thereby creating an absence of answerability. Without dynamic control and continuous
monitoring of the system, a passive indifference and despair creating a helpless acceptance of
the existing situation prevail, resulting in multiplication of back logs. It is therefore necessary
to create an awareness that the justice system is an integral part of the national system and can
contribute effectively to nation-building by a motivated modern approach with modern
mechanisms and joint involvement of judges, lawyers, administrative officers and the litigants.
Creating an awareness, introducing the concept of answerability exhibiting a conscious effort
and determination, introducing a modern management concept and proven modern
mechanisms to increase communication will all help in reaching solutions to the problems. It
is necessary to impress upon all concerned that a well-managed justice system can contribute
effectively towards the growth of commerce, industry, social values and awareness for law and
order in the society, thereby reviving people’s faith in a judicial system which people have
recently started to view as a saviour of democratic process.

Thus, CASE MANAGEMENT will provide the immediate need for preventing futile backlogs,
providing swift justice, dealing with backlogs with a more determined effort and creating an
atmosphere of joint venture between judges, lawyers, litigants and administrative officers.
Identification of the problem area will create the need for their solution and continuous steering
of the life of a case will result in due attention to the complicated aspects of the litigation
process. Faster turnover of cases will create respect and confidence for the system and a new
attitude amongst legal actors will build up the institution of justice with a sense of purpose and
meaning.

Mediating criminal cases is no longer a vague concept. The huge pendency of cases requires
speedy trial which is the essence of criminal justice system. In this regard, position of law in

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various developed countries has been explored which have yielded successful results. Section
320 of Criminal Procedure Code provides for compounding of offences and its Chapter XXI A
allows plea bargaining in criminal cases which has set the process in motion. Considering the
caution, this paper recognizes and alarms the areas which may prove poor choice for any ADR
program. Inclusion of additional forms of crime, e.g.Section 138 cases under the Negotiable
Instruments Act, Section 498A in the Indian Penal Code and the Domestic Violence
(Prevention) Act requires new law mandating case management of criminal cases and hence
recognizing the right to speedy trial under article 21.

Pre-trial hearing and case management systems3

The issue of having time limits for various stages of a trial has come up before the Supreme
Court on several occasions. In Abdul Rehman Antulay versus R.S. Nayak the Supreme Court
held that it is not possible to lay down any time schedules for conclusion of criminal
proceedings. This is because the time taken in the disposal of a case depends on a number of
factors, such as, the nature of offence, the number of accused, the number of witnesses, the
work-load in the particular court, means of communication and other circumstances. Following
this the Supreme Court laid down in the Common Cause and Raj Deo Sharma cases that trial
in pending cases would be terminated if specified time limits were not adhered to. The matter
was finally settled through the decision in the P. Ramachandra Rao case where a larger bench
of the Court concluded that the bars of limitation created in the abovementioned cases were
impermissible because (i) it amounted to the creation of legislation by the judiciary, which was
an activity beyond their powers and (ii) the creation of such bars was contrary to the law laid
down by the Constitution Bench in A.R. Antulay's case. Even in cases where certain time limits
have been statutorily provided the view of the Supreme Court has been that these are meant to
be directory in nature and not mandatory.

Even though it may not be feasible to prescribe strict time limits for the disposal of cases, the
adoption of better case management strategies can help in the timely dispensation of justice.
Case management includes management and scheduling of the time and events in a suit as it
progresses through the justice delivery system. It helps the court to establish managerial control

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over the case by setting the time schedule for the predetermined events and by supervising the
progress of the suit as per the time schedule.

The system of pre-trial hearing, which is common in several countries such as the United
Kingdom, Singapore and the United States of America, is an important component of the case
management process. A pre-trial hearing or conference is a scheduled meeting between the
litigants and their counsels conducted prior to trial before a judge or a judicial authority. The
object of pre-trial conference is to identify clearly the issues in dispute so as to facilitate
expeditious disposal of case through proper case management.

The objectives sought to be achieved by introducing pre-trial hearing are manifold. Firstly pre-
trial hearing may help in ensuring expeditious disposal of cases by assisting the courts in
establishing managerial control over the cases and keeping a check on undue delays being
caused during trial. Secondly it helps in defining and clarifying the scope of the trial and helps
in keeping the focus on the real issues in dispute. Thirdly such an exercise of clarification and
discoveries has potential to assist parties to better understand their case and assists the court in
timely dispensation of justice by conducting a smooth and hassle free trial. Lastly pre-trial
hearing may prove to be of great help in facilitating a settlement of dispute by way of an
amicable compromise between the parties.

In India the system of pre-trial hearing is not clearly identified as a distinct feature of our
judicial process although both the Civil Procedure Code and Criminal Procedure Code contain
certain provisions that can be utilized for this purpose. The Supreme Court in the case of
Ramrameshwari Devi v Nirmala Devi had also recommended certain steps that trial courts
should follow to improve the system of administration of justice in civil cases. This included,
carefully scrutinizing the pleadings and documents filed by parties immediately after the filing
of civil suits; resorting to the discovery and production of documents and interrogatories at the
earliest; and preparing a complete time schedule for all the stages of the suit and strictly
adhering to the said dates as far as possible.

The Commercial Courts, Commercial Division and Commercial Appellate Division Act
(Commercial Court Act) provides for the establishment of Commercial Divisions in High
Courts in areas in which the High Court exercises original jurisdiction and Commercial Courts
at the District level in other areas. The Commercial Division or the Commercial Court as the
case may be has the exclusive jurisdiction in relation to all commercial disputes in which the
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value of the subject matter is Rs. one crore or more. The Commercial Court Act also requires
the High Courts to set up Commercial Appellate Divisions within each High Court to hear
appeals from the orders of Commercial Courts and Commercial Division and endeavor to
dispose of them within 6 months of their filing date.

The Commercial Court Act has introduced important amendments to the Code of Civil
Procedure, 1908 to ensure expeditious disposal of cases. These amendments include provisions
on (i) case management hearing and (ii) detailed and stringent procedures for discovery,
disclosure and inspection of documents. It is pertinent to note that at the time of the case
management hearing, the court is required to ensure that the arguments are closed within 6
months from the date of the first case management hearing. The Commercial Court or the
Commercial Division as the case may be is required to pronounce judgement within 90 days
of the conclusion of the arguments. To curb frivilous litigation, the court may grant summary
judgment against the plaintiff or the defendant if it considers that the plaintiff has no real
prospect of succeeding on the claim or the defendant has no real prospect of successfully
defending the claim.

ROLE OF A JUDGE IN CASE MANAGEMENT4

1. No sooner the case is filed in the Court, it is assigned to a Judge who assumes immediate
control over the case and becomes an active participant along with the advocates, parties and
Court Officers involved with the case.

2. The Judge keeps track of the case by adhering to the schedules and sees that there is due
service of process to the defendants and that the written statements are filed by the defendants.
No unreasonable time should be allowed to be wasted for service of the process and filing of
the written statements.

3. The Judge ensures that the procedures for case management and ADRs are properly
explained by the Advocates to their clients and due certification about the same is given by the
Advocates. He also receives verification from the parties that they have understood the said
procedures properly. In addition, he verifies that the printed materials explaining the case

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management and ADR have been delivered to the plaintiff at the time of the filing of the suit
and to the defendant at the time of service of the process.

4. The Court can ask the bailiffs / serving Officers whether the process is served or why it is
not served. Such serving Officers will be answerable to the Court for non service without
legitimate reasons.

5. After the pleadings are filed, the Judge will study them to understand the real controversy in
order to control the hearing at all stages more effectively.

6. The Judge would ensure that the plaintiff and his Advocate file the case management
statement within two months from the filing of the written statement. This will be after copies
are served to the defendants and their Advocates. After the two months period, the Judges shall
continue to direct the plaintiff’s Advocate by special or general notice to prepare and file the
case management statement within the time schedule. No extension for filing the case
management statement shall be given except in special circumstances for reasons to be noted,
briefly, in writing. Adjournments should not be granted as a matter of course. The Judge shall
grant no more than one extension to the plaintiff and in no event shall such time extend beyond
30 days from the period specified.

7. The Judge shall ensure the case management statement is filed by the defendants and their
Advocates, within 15 days from the filing of the case management statement by the plaintiff,
after serving copies to other parties. No extension for filing case management statements by
the defendants shall be given except in special circumstances for reasons to be recorded,
briefly, in writing. Adjournments should not be granted as a matter of course. The Judge shall
not grant more than one extension to the defendant/s and in no even shall such time extend
beyond 30 days from the period specified. In the event of such an extension given to either of
the parties, the Judge shall the costs (not to exceed………rupees). Orders imposing sanctions
shall not be subject to appeal or revision and no adjournments or stay of such orders will be
granted.

8. The Judge shall then study the respective case management statements and, between the
period of 15 and 30 days after the filing of case management statements by the defendants,
shall set the date for the case management hearing. At such hearing, he will give sufficient
hearing and prevail upon the parties to properly and effectively comply with the requisitions

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made by the other parties. The approach of the Judge to the requisition and their compliance
will both be casual, rather it will be effective and purposeful.

9. While ensuring compliance to the time schedule and to the requisitions, the Judge shall
exercise judicial authority clearly, expeditiously and purposefully and impose sanctions to
secure compliance and not to penalize. He will also use his judicial discretion and powers
discreetly, positively and practically to achieve results speedily and effectively.

10. While seeking compliance voluntarily or by agreement, the Judge shall not hesitate to pass
necessary orders when required. The Judge shall keep in mind the provisions of 0 9A(proposed)
0.10 to 0.16 and pass such orders, as the facts and circumstances demand, to include making
orders or passing judgment under O.XII R 6 wherever possible. At the time of the case
management hearing, the Judge shall scrutinize and verify the respective case management
statements of the parties and carefully check and the requirements of the prescribed formats
are applied.

11. In case the Judge does not see fit to make order or pass judgment under O XII R 6 at the
time of the case management hearing, he shall, within two months of the said hearing, fix a
date for a joint case management hearing directing the parties to file a joint case management
statement (in preparation for the hearing) within 30 days. The Judge shall ensure that the parties
or their Advocates have selected one of the alternative dispute resolution mechanisms available
to the parties. The Judge will explain to the parties, if necessary, the advantages of selecting
the said mechanism and will further inform them that failure to reach a result by a particular
mechanism will enable the party to select another. Failure in bringing a result by any of the
mechanisms, will however, not forfeit the right of the parties to go to the trial. Any
misapprehensions of the parties about the said mechanisms must be removed by the Judge. He
will explain to the parties the importance of a joint case management conference between the
parties and their Advocates and then jointly prepare statements of admitted facts and issues
arising for determination including any preliminary issues. The respective parties and their
Advocates will include, in the statement and for the Court’s consideration, any issues on which
there is no agreement. The Judge will also stress the deadlines for trial of the case. The Judge
will finally ensure that the parties and their Advocates write down their names and telephone
numbers and sign the joint case management statement.

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Case Management in India56

In our country, we have not had any specific rules of case management where Judges monitor
the movement of cases throughout its life in the Court or any system of different tracks. We
have ad hoc systems improvised by each High Court but not a uniform system. ‘Case
management’ is defined as referring to process involving the control of movement of cases
through a court or tribunal or the control of the total workload of a court or tribunal. Case
management in courts is often, but not always, performed by Judges. When it is performed by
Judges, it is referred to as ‘judicial case management’.

The District Judges/CJM ordinarily play a pivotal role in the development of Court policy.
Every District Judge/CJM must cultivate the art of Court management.

They have collective responsibilities for these functions.

Leadership: As a District Judge or Chief Judicial Magistrate, you are uniquely situated to lead
the Court in determining the administrative policies for better working of the Courts.

Court management: You have the responsibility to make sure that laws, regulations, and Court
policies are followed, that the needs of Court employees are properly addressed, and that
administrative tasks are carried out. Behavior of the judge in the Court is the most important
aspect in Court management. You have 5 segments of people in the Court to behave with.

• Lawyers: Judges must show respect, Courtesy and patience to the lawyers, at the same
time maintain the control of the proceedings and also has an obligation to ensure that
proceedings are conducted in a civil manner.
• Witness: The foremost aspect that every trial judge should remember is that the
statement of a witness is the lifeline of a case. Their protection is primary for friction
free trial. Thus, every trial judge has an obligation to treat them with dignity and respect.
Sections 150, 151 and 152 of the Evidence Act, 1872 should be strictly followed in the

• 5 Mullа The Code of Civil Procedure Аbridged,17th ed

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process of examination of witness. Whenever, the presiding judge notices abuse of

witness in Courts, they should come down with heavy hands and convey the message
that witness box will not be allowed for committing offences under section 500IPC.
Otherwise the dignity and solemnity of the Court will be impaired.
• Court Staffs: Court management cannot succeed without the support of the Court staff
and its registry. Thus, Presiding Judge must always maintain the decorum of the Court
and never create tension in the minds of Court staffs. Tension inflicted on the staff
would not only cause them to commit repeated mistakes but the records will become
unmanageable. There is a great adage. “It is nice to be important, but it is more
important to be nice.” This must be your coat of arms when you are in the Court or in
the Court office.
• Subordinate Officers: Always treat your counterparts and the subordinate officers with
due respect. The Court management is a comprehensive procedure. Therefore, even the
smallest aspect has significant impact on the effective administration of justice.
• Litigants: Judges should not employ hostile or demeaning words in opinions or in
written or oral communications with litigants.

Case management: The District Judges/CJM’s are provided with the authority over the
allocation of case to other Courts. You should utilize this position to monitor caseloads and
trends and to identify problems that are contributing to the delay in the trial. Further, you must
recognize that case management is relevant also for those Courts that are not currently
experiencing delays or backlogs.

Prioritization of old cases: “Five plus Zero” initiative must be adopted to ensure that
cases pending for more than 5 years are taken up on priority basis and such cases are brought
down to zero level.

Supervision of Court Managers: Judges are ultimately responsible for effective Court
management. However, the complexity of the modern Court requires the delegation of
administrative functions and responsibilities to the Court managers subject to the supervision
and direction of the Presiding Judge. Thus you must have effective control of working of these
Court Managers.

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Inspection of Subordinate Courts: The District judge and CJM’s should conduct frequent
inspection of subordinate Courts for better accountability and efficiency.

Budgets: The judicial officers must be proficient in the art of planning and preparation of
budgets so that the budget meets the requirements for the next year and is neither excessive nor
short.

Annual Confidential Reports: The Annual Confidential Reports of members of Subordinate

Judiciary must be maintained properly and on regular basis.

Periodic meetings between Police and District Judge: Such meetings must be encouraged for
smooth running of judicial system.

Case Management Conference78

The purpose of the CMC is to try to settle some or all of the issues. In some cases this may
mean that a trial is not necessary; in other cases it may mean that the trial will be shorter and
simpler. If all the issues cannot be settled at the CMC and a trial is necessary the CMC will be
used to prepare for the trial.

Attendance

The CMC takes place at the court house. All parties to the action must attend the CMC and
must have the authority to settle the matter.

You may bring a lawyer or agent to the CMC. Witnesses are not required and should not be
brought to the CMC unless the judge has permitted it. You may bring a support person with
you but it will be up to the judge to decide who remains in the case management conference
room.

Preparing for case management conference

All documents that you will rely on to support your case should be filed with the court and
served on the other party well before the CMC. Serving the documents ahead of time can
prevent delays that may be required if one party has not been fully informed about the case

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before the CMC. You must organize and bring all documents to the CMC even if you have
already served them on the other party or parties.

Review your case and the other party's case and try to anticipate the questions you may be
asked. If the other party does not attend the case management you may be in a position to obtain
judgment or have the case dismissed, so be prepared to present your case and produce relevant
documents to support your case.

Case Management procedure

At the CMC both parties tell the judge about their case and the judge talks to them about their
case, the law that applies and possible solutions. Sometimes the judge will meet with each party
separately. The procedure for a CMC can vary from case to case. You will be encouraged to
discuss the issues in an open but courteous manner. Direct your remarks to the judge rather
than the other party. How long a CMC lasts can vary from 45 minutes to 2 hours.

A CMC may be continued to another date if one or both parties come unprepared or the judge
decides that further discussions or actions may assist in possible settlement. It can also be
continued if more discussions are needed before the parties are ready for trial.

There are rules that are designed to allow the parties to speak freely during the CMC without
fearing that they are prejudicing their case should it proceed to trial. The judge who conducts
the CMC will not be the trial judge if the case goes to trial. All settlement discussions, including
the opinions of the judge, are "off the record" so they cannot be used as evidence if the case
goes to trial. The only things that will be communicated to the trial judge are any points of
agreement between the two parties reached during the discussion.

Settling at a Case Management Conference

After receiving input from the judge, the parties may choose to settle their claim on any terms
that they agree to.

Your settlement may be recorded as an agreement or as a final judgment of the court. If lawyers
are involved, the judge may ask them to complete the necessary settlement documents. Court
proceedings may be adjourned until the settlement is complete.

Preparing for Trial at Case Management Conference

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If the parties do not agree to a settlement the CMC will be used to set a trial date and prepare
for trial. The judge will give each party a Preparing for Trial package and also give an overview
of the trial process.

The parties must give the judge information about the trial including the number and purpose
of witnesses each party plans to call whether there will be expert evidence or witnesses and the
names, occupations, title/position of any expert witnesses whether either party will be
represented by a lawyer if there are documents that need to be exchanged how exhibits will be
presented whether there are any special requirements (for example, an out-of-town witness that
wants to give evidence by telephone). Trial management will also be discussed including such
things as...determining those issues which you can agree upon and therefore do not require
evidence employing a mutually agreed upon expert agreeing to exchange additional
information discussing the evidence required including witnesses and documents determining
the amount of time required for trial.

Case study9

For the first time, pursuant to the direction issued by the Supreme Court of India in SALEM
ADVOCATES BAR ASSOCIATION vs. UNION OF INDIA, the Committee constituted by
the Supreme Court in that case has circulated Model Rules in a Consultation Paper sent to the
High Courts, Bar Councils and Bar Associations.

In the Consultation Paper prepared by the Committee appointed by the Supreme Court, it has
tried to explain the concept of ‘Case Management’. It has referred to Lord Woolf’s Interim
Report on ‘Access to Justice’ and to the final Report of Lord Woolf and the Report of the
Australian Law Reform Commission on ‘Judicial and Case Management’ (1996).

“Evidence suggests that an effective litigation management and cost-delay-reduction

programme should incorporate several interrelated principles – including –

(A) the differential treatment of cases that provides for individualized and specific management
according to their needs, complexity, duration and probable litigation careers;

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(B) early involvement of a judicial officer in planning the progress of a case, controlling the
discovery process, and scheduling hearings, trials and other litigation events;

(C) regular communication between a judicial officer and attorneys during the pre-trial
process.”

Objections to ‘case management’ and answers thereto

In as much as it appears to us that the same objections are likely from the Bar and the Bench
in India as in UK, we shall refer to them as raised in UK (see Section II, Chapter I of Lord
Woolf’s final Report):

(a) The first objection was that the proposals will undermine the adversarial nature of the civil
justice system;

(b) Judges are not well-equipped to manage;

(c) Reading the papers of the case, conducting conferences and pre-trial reviews, will add
significantly to the burden of hard-pressed Masters and District Judges;

(d) It would also mean increase in the number of interlocutory hearings;

(e) More staff and sources will be necessary. In reply to the above objectives, Lord Woolf
pointed out that: (a) the adversarial role will continue but will function in an environment which
will focus on the key issues rather than allowing every issue to be pursued regardless of expense
and time, as at present; (b) there functions will not be performed by all Judges but only by
procedural Judges (i.e. Masters and District Judge), although in complex cases, Civil Judges
and High Court Judges will perform the tasks; (c) Some steps indicated by the procedural
Judges may be altered by trial Judges; (d) All cases need not go through the system but cases
will be selected for the purpose; (e) There is need for training both Judges and staff;

(f) The proposals do add additional burden but the idea is to persuade parties to take to ADR
systems in most cases, leaving complex cases alone for the courts;

(g) In several cases, the issues can be identified at an early stage and at the pre-trial review,
and courts will try to minimize the time and expense;

(h) Case management hearings will then replace rather than add to the present system of
interlocutory hearings;

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(i) As agreed by the Bar Council and Law Society, additional staff and funds will be necessary;

(j) Counsel shall have to file statements as to submissions;

(k) Existing available resources have to be prioritized;

(l) Law clerks must be employed to help the Judge in these tasks;

(m) Increased use of information technology will help to release some staff for the other
additional work. Simple cases should be allocated to ‘fast track’ and complex cases to ‘multi-
track’. However, some cases have to be excluded from ‘fast-track’.

Lord Woolf in his final Report recommended exclusion of the following cases from the ‘fast-
track’, namely, suits: (a) which raise issues of public importance; or (b) which are test cases;
or (c) where oral evidence of experts is necessary; or (d) which require lengthy oral arguments
or significant oral evidence which cannot be accommodated within the fast track hearing time;
or (e) which involve substantial documentary evidence. Transfer from ‘fast-track’ to ‘multi-
track’, is also be permissible in appropriate cases.

Case Management systems are many and can be innovated by every Court or by every Judge.
But at least some of them can be and have to be standardized so that they are invariably
followed. In several countries, the rules of Court or practice directions limit even the time for
oral arguments. We have not gone that far. For the present, if written submissions are filed
before oral submissions are made, there can be substantial saving of time. As of today, counsel
try to develop the case in Court after hearing the opposite side and after hearing the reaction of
the Judge. In view of the heavy pendency of the cases, it is necessary to make suitable changes
in this behalf.

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