Yes there are lot of loopholes exist in our legal systems, which are exploited by people of criminal nature and lot of our legal counsels, because of which, at times the santity of the law made for that purpose is defied and a normal man does not get justice in time and the phrase of Justice Delayed is Justice Denied, purely fits in those types of cases prolonging in our courts, which are over burdened.
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Tarun Ahluwalia, Overall Management, Cartridge Point
| 09 08 2010 07:08:11 +0000
Agreed Sachin ... There are lots of loopholes into the current legal systems which we experienced in our day to day life. I think there is no option today than to accept the same because though laws are made for common man's protection they are not implemented to do so.
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Sanjeev Bhandarkar, Regional Commercial Manager, Bharti Teletech Limited
| 07 13 2010 03:36:15 +0000
Indian legal system is good on paper but when time comes to enforce that there are some loop hols in system. Even people are always trying to search & create loop hols in system. I respect Indian Legal system.
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Omkar Kulkarni, Accounts Officer, Minilec(India) Pvt Ltd
| 07 05 2010 05:54:24 +0000
LOT OF LOOPHOLES NOT CORRECTED EVEN AFTER PASSAGE OF DECADES.THIS IS BEING MISUSED BY SO MANY PEOPLE TO MEET THEIR PERSONAL BENEFITS.THIS LEADS TOO MANY CASES BEING FILED RESULTING IN ACCUMULATED PENDING CASES.
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s.baalu , Consultant, XYZ LTD
| 06 30 2010 12:05:40 +0000
yes, it is true that there are too many loopholes in our legal system. Each law has its own loopholes. for consideration the criminal justice system is an example, it totally does justice to criminals / offenders only, the spate of the victim is not considered under the criminal law. the recent changes which speaks about the vicitms also does not really tends towards vitcimology.
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KRANTHI RAMANA, General Counsel, LAW FIRM
| 06 24 2010 16:27:17 +0000
Dear Sachin, You are right to an extent yet the failure of regulator, administration and thus governance has added much more. It is as well a truth that most laws are ancient and were designed by British with a view to keep maximum discretionary powers in their own hands. Unfortunately neither were these powers put to any scrutiny nor were responsibilities added and made known. The quality of bearers of this discretion corrupted with time and here we are......
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Ravindra Sharma, Managing Consultant, CHEF-India
| 06 23 2010 09:18:37 +0000
yes there are so many loopholes in our legal system. But I think any system of law or conduct of behaviour, is destined to have loopholes. Law or legal system just provides a frame work for maintaining order in our socirety, as crime or some social disorder is closely related to human behaviour and it is not possible to predict human beviour so we can not make laws which has no room for some deviation. At the one plce deviation could not be checked due impredictability of human behviour at the other it is necessary as it engender social change in our society withou any upheavel.So we can not escape loopholes in our legal system but we can make provisions by gradual adaptations.So I agree with both views.
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Dhirendra Kumar Rai, Expert Legal Aid And Planning Monitoring &Evaluation, Ceceodecon
| 06 23 2010 06:34:32 +0000
It is not the case of loopholes. Every man made law suffers from loopholes which are plugged by ever improving it by way of amendments during the period of time and from past experience. I do agree that there are loop holes, but this is not the cause of delay. However justice in haste and justice in waste. We have instances that the persons are convicted and after suffering the punishment are found to be innocent, this should not happen at all. Therefore the maxim of law says: "let hundreds of criminals be set free but not punished a single innocent."
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Ashfaq Shaikh, Private practitioner/Lawyer, Legal & General Group
| 06 22 2010 15:56:33 +0000
I agree Mr. Sachin But we can't conclude that loopholes are not exist in the system. You are more experienced than me in the field. So that you know more than me. Cases are many, i agree. But one of the reason of these excess cases is Police, do you agree. Because according to me small cases or civil type of cases can be solved by mediation of police. But all we know that police men are not trustful for people it is the main reason to transfer all cases to court. Delay Delay although reason whatsoever but showing loopholes in system.......
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Vipin Bhasin, Private Equity/Hedge Fund/VC-Manager, Indian Investment Co.
| 06 22 2010 14:27:28 +0000
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I agree with Sachin. Whats more important for the citizens, is to know that the law works for them. Unless a judge gives his verdict on to each case, the involved would never know it. One can always say that there are loop holes but the biggest one is the time it takes to see the light of judgment.
By
Tanmay Gaur, Freelance Software Developer
| 07 11 2010 15:15:46 +0000
our courts are all full with cases, the legal system is also complicated, some Laws are totally out dated and has not been up dated as needed with the changing times these are some of the factors that contribute to long legal battle.i think the courts should encourge to bring the effected parties to negotiate and settle cases mutually.
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Shashi Kumar U, Manager accounts & commercial, Mazda Concrete Products Pvt Ltd
| 06 24 2010 05:09:36 +0000
yes mediate and resolve instead of filing cases on cases and if they do eventually come to the justice department, quick redressal should take place, every body involved should complete their due diligence in the prescribed time instead of asking for extensions and making the process lengthy. Lawyers should be penalised for not presenting on time and unneccesarily delaying cases and vice versa the judges also for not making decisions on time or making them under coercion, people who dont appear when summoned should also be penalised for wasting the courts time
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Atul Joshi, Assistant General Manager-Business Development, Flexican Bellows and Hoses Pvt.Ltd.
| 06 23 2010 04:26:44 +0000
due to increased corruption and long procedure of trials has put a lot of cases pending. according to me the procedure of filing pitition, or any paper works should not be too much time taking. fast track courts should be introduced for giving judgement in a limited time period and the judge should be highly experienced and trust worthy to give justice in right way.
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abhishek paul, Designer Trainee, pennar industries ltd., patancheru, medak dist., hyderabad
| 06 23 2010 03:50:40 +0000
Sachin you are on dot in your findings. The less said about our juduciary the better. In order to clear the back log the Government not only appoint additonal judges but hold fast track peoples court to settle the cases. As of now the criminal or the bad element knows how to file a case since the judgement will come after a time by which the person who has filed a pitition is dead.
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Rathin Deb, Freelance Retail Consultant
| 06 22 2010 15:45:56 +0000
Yes, Mr. Vipin I do agree with you but what is the ultimate result again one more case in a court. So why should not the number of courts and the judges be increased.
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Sachin Kumar, Legal Adviser
| 06 22 2010 15:09:05 +0000
thanks Sachin for referal.i agree to your measures that has to be taken.law or legal thing is very vast and complex subject to deal.any country's law will have some loop holes.India is not an exception.let's us accept the fact that due to media/communication revolution even legal affairs are transforming to lot of possitive side in our country.
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jairaj shyam prasad, Production Manager, BOSCH Ltd
| 06 22 2010 12:55:57 +0000
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