Mon­e­tary cases tops the list of cases regis­tered in the court dur­ing the year 2014

Bhutan Times - - Front Page - SONAM PEN­JOR

Astrong ju­di­ciary that up­holds the rule of law is a sine qua for a “fair and just so­ci­ety”. With­out the rule of law and the as­sur­ances that comes from in­de­pen­dent decision- mak­ers, it is ob­vi­ous that equal­ity be­fore the law will not ex­ist.

While, there was an in­crease of 2.71 per­cent cases regis­tered from last year 2013, the Court had ren­dered 20,249 de­ci­sions which was an in­creased by 4.66 per­cent and there were 5,065 mon­e­tary cases which was fol­lowed by 4,837 mat­ri­mo­nial cases, ex­clud­ing the ap­pli­ca­tion for mar­riage cer­tifi­cates, ac­cord­ing to the an­nual re­port 2014 of Ju­di­ciary of the King­dom of Bhutan.

The caseload of the Courts in 2014 was of 1402 cases were brought for­ward from the year 2013 and 20,202 new cases were regis­tered.

While the high­est num­ber of cases were recorded in Thimphu, Phuentshol­ing and Samtse with 5972 cases, 1423 cases and 1296 cases re­spec­tively.

Ac­cord­ing to the an­nual re­port 2014, a to­tal of 20,249 cases were de­cided. Out of which 14,444 cases were de­cided within 108 days.

The an­nual re­port states that, 359 cases were ap­pealed to the High Court. Out of which 120 cases ap­pealed to the Supreme Court and there are 1355 cases pend­ing. Out of which, 28 cases have been pend­ing beyond one year.

While an­a­lyz­ing the cases over the year, the high­est num­bers of cases regis­tered in the court are mon­e­tary cases. After the mora­to­rium on bank loans, there has been a dras­tic in­crease in pri­vate lend­ing and bor­row­ing which may be at­trib­uted to gambling, states the an­nual re­port, 2014.

The re­port states that many took ad­van­tage of the sit­u­a­tion in the hopes of mak­ing money by us­ing the ex­ist­ing loop­holes in the pro­vi­sions of the Mov­able and Im­mov­able Act 1999, Fi­nan­cial Ser­vices Act 2011, Pe­nal Code of Bhutan 2004 and the Ev­i­dence Act of Bhutan.

While case statis­tics main­tained with the Supreme Court shows that there has been 24.06 per­cent in the in­crease in pri­vate loans. There­fore, re­port states that in or­der to have means and process to con­trol such type of loans, the Ju­di­ciary would en­deavor to in­tro­duce a sys­tem of checks and bal­ances which may in­clude com­pul­sory reg­is­tra­tion or no­ta­riza­tion of the loan agree­ment, based on the loan amount in­volved.

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