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Indian Judiciary, maybe it is time to take some solid action

Created by : SidharthaKasiraju , Business Analyst, support executive, SG Technologies  | 05 05 2010 13:52:14 +0000
Keywords : indian judiciary maybe it is time to take some solid action
Activity:  296 views;  last activity : 02 16 2011 07:58:35 +0000
 
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Need some amendments Vs No need of any amendments
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As the complete law procedures are well known to criminals and others before committing any crime/nuisance
By Rajesh Tripathi, Manager Dgs&D Operations, Agmatel India Pvt Ltd  | 02 16 2011 07:58:35 +0000
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We are living in a dynamic world, it is changing every day, so the laws should be flexible to suit the changing environment. Judges fill this gap with their judicial activism, but this power of judicial activism is only with High Courts and Apex Court. Therefore our age old laws need necessary amendments and flexibility.
By Nilesh Pawar, Legal & Secretarial, Valencia Professional & Management Services LLP  | 02 16 2011 06:20:07 +0000
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Yes, the amendments are badly needed. It is very unfortunate that we are still continuing the British system, the way they thought it. Everything is based on their thought. We are not taking into our ground realities. You ask veteran experts, you will get the answer. It is very unfortunate that in India in most of the cases we are not seeking opinions of veteran experts. If we are seeking, then we are not implementing their suggestions. Regularly we should make some ammendmends so that things should be practical and day by day we should go for simplification. 
By SUMANTA SAHU, geologist cum legal , KJS Ahluwalia group of mines and industries  | 09 30 2010 13:11:57 +0000
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Yes, I do agree with Mr chandrakantha kothar's comments.
By JAI PRAKASH TIWARI, Execution of Mech.Maint.work in thermal power plant, NTPC LTD  | 05 17 2010 18:09:30 +0000
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Angadha, I do agree with your view that there should be specific time periods set for completion of cases. We advocates suffers the most when cases are dragged on and we all know how it can be/are dragged in the courts. Although i don't agree with the view of punishments being more severe. 
By Satadru Shastri, Partner, Mukherjee & Shastri  | 05 07 2010 18:52:27 +0000
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i oppose ur discussion


By gajanan D. nakate, (Legal Officer, Pharma (B.pharm LLB )  | 05 07 2010 05:06:05 +0000
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no sir ur wrong.The interpretation is always in correct way by all legal professionals.the implementation is not in correct way its right.Dont blame to lawyers and legal professionals.Interpretaion  and implemantation both are different.You are right that law is not enforced ie implemented properly but interpretaion always right because without interpretaion you cant do the work.So actually this debate having yes and no both ans. BEACUSE IF WE IMPLEMENT OUR LAWS IN RIGHT WAY NO NEED TO CHANE IN IT AND SECONDLLY IF WE WANT TO CHANGE THE SYSTEM SOME ACTS REALLY NEED THE AMENDMENT TO IMPLEMENT ALL LAWS.FOR eg.FOR CORRUPTION MATTERS WE NEED THE AMENDMENT WHY WE ARE NOT GIVES PUNISHMENT OF DEATH FOR CORRUPTION? I THINKS DAT FOR HOMICIDE WE HAVE DEATH PENULTY BUT WE COMPARE HOMICIDE TO CORRUPTION LATTER IS SO DANGEROURS THAN PREVIOUS COZ IN THIS THE SUFFERER IS PARTICULAR FAMILLY,SINGLE PERSON BUT IN CORRUPTION ALL COUNTRY SUFFERED.
By gajanan D. nakate, (Legal Officer, Pharma (B.pharm LLB )  | 05 07 2010 04:57:01 +0000
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I agree with you Sidhartha, our Indian judiciary badly needs amendments. If not the crime rates will be increasing every day. There should be some specific period within which the case should be closed. And the punishment should be very severe. Since there is no proper control over the rules and regulations, it makes people to do crime.........
By Anagha Thakur, Corporate Lawyer  | 05 06 2010 11:39:22 +0000
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Yesterday it was afzal guru, today it will be none other than Mr. Kasab (There were reports in the media that he is all set to appeal to the Indian President in case he capital punishment is awarded). Hail our justice system it took us 17 months to convict a murderer who along with his colleagues nearly destroyed everything in our financial capital and was the cause for many deaths and injuries. Even if he is sentenced to death i bet he will appeal to our president and the death penalty will be converted to life sentence and history repeats. This loop hole in our system was provided because it is one of the missions that even if 99 criminals escape, even 1 innocent should not be punished. But in practical most of the times innocent people are delayed justice. I feel that it is the right time for us to change some loop holes in our system to ensure justice to everybody. The irony is, it is the tax payers money that is wasted in maintaining these kind of people. Why should we forgive such people who in broad daylight kill hundreds of people and when asked to die fills in a petition to be forgiven. Maybe the time is ripe to ensure that such persons do not escape from death penalties. Friends I don't think these guys should be given any kind of life sentence as another aeroplane will be hijacked & in return for the safety of the pasengers these guys freedom will be demanded.
By SidharthaKasiraju , Business Analyst, support executive, SG Technologies  | 05 05 2010 13:52:14 +0000
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you are wrong you dont understand the law and its implementations and importance.i agree some amendments rae requrired


By gajanan D. nakate, (Legal Officer, Pharma (B.pharm LLB )  | 09 29 2010 12:45:57 +0000
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if amendments are needed it should 1st start from oursleves. we cannot afford to change anything unlees we stop complaining and start communicating. if we change ourselves everything else will change automatically
By chandrakantha kothari, Junior Associate, Tusker Group  | 05 17 2010 17:09:29 +0000
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i dont think there is a need for amendment....i has to be interpreted and executed properly....
By vijayalakshmi , Private practitioner/Lawyer, nil  | 05 09 2010 10:27:39 +0000
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Only emendments are not sufficient. The Law provides completing trials of sec.138 of N.I. Act within 6 months, but we all know some times even cross examiniation of a single witness goes on for years. What we need is sufficient numbers of Magistrates and Judges. The latested Judgment of the Hon'ble Supreme Court to increase the percentage of settlement from 10% to 20% at each stage of appeal will show some results, but will also not be very effective, because an Accused will not mind paying more if he succeeds in getting time to repay. Minor increase of upto 20% if settled in Supreme Court will not deter if it take more than 5 years to reach at that stage. I repeat the necessity is increasing in numbers of Judicial Officers and not the amendments. Our laws are one of the best in the world, but implementation takes longer due to paucity of judges and infrastructure.
By Ashfaq Shaikh, Private practitioner/Lawyer, Legal & General Group  | 05 08 2010 08:25:28 +0000
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We have the best kind of law in India. But, unfortunately, they are not enforced properly and misinterpreted most of the times by our law experts and legal professionals. What India needs is right and quick enforcement of law which is not happening. The lawyers and legal practitioners should go by the spirit of law than trying to derive literal meanings to differently interpret the law that suits them or their client. The basic problem with Indian Judiciary is that everybody in the business takes it just as a profession to earn, not to be in the profession to uphold the spirit of law and ensure justice to innocent. This is the reason why innocent people get defeated in a legal battle and culprits walk out freely through wrong interpretation of law by a witty legal practitioner. So, what we need is just interpretaion of law abiding by its spirit and a quick system of delivering justice.
By Basudev Mahapatra, Head of News & Content (Broadcast), HOTnHIT Newsfeatures (HNF)  | 05 06 2010 12:52:42 +0000
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