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