Build your professional network on facebook via our app Go to app
 
<< Prev  14 of 14 in Topic 
Topic : Commercial law
  Rate : 
Associated with other topics :
 
Created by : Kiran Kumar Reddy, Business Analyst, SAP  | 08 21 2008 22:46:39 +0000
Industry : IT ProductsFunctional Area : India(Markets)
Keywords : Law People Faith Losing
Activity:  645 views;  last activity : 07 08 2010 07:36:27 +0000

Many incidents like this are happening in our country - http://www.ibnlive.com/news/people-losing-faith-in-law-of-the-land/71814-3.html

What do you say?

 
Share
 
 
  Rate : 
 
 
Yes Vs No
8
 
 
 
 
6
4
5
Support   Support
Top Argument
2
0

Is this hatred of whole families being engaged and finally none is the gainer - still there?  I believe it is only in some old movies I had seen this kind of people. 

We can not correct fanatics.  We can only speak about normal people. 

Your point about delay is valid.  But if you refer to my earlier debate on this subject, I had indicated that this possibility of justice, even if delayed, many times works as an advantage for a genuine petitioner. 

Let us look at this example, which we call amongst a closed group of ours, as BMW case.  A company bribed with a BMW and received a favourable judgement.  The question that was asked then was : "How many BMWs can the company bribe, when we go through many layers of litigation available to us, since facts of the case are favourable to us?  This case is still undecided.  The receiver is enjoying his BMW and the company/petitioner are both litigating.  The point I am trying to make here is that we should not leave it midway, even if we receive an unfavourable judgement through corrupt practice, if facts of the case are favourable to us. 

Therefore, an eminent panel should study the case informally when a reference is made to them and decide whether it is worth contesting a judgement.  If the decision is to contest, depending upon the financial position of the contestant, financial and legal resources should be made available to him if necessary.  Such expenditure should be transparent and professionally accountable.  When the judgement is received and is favourable, law should recognise the services of the panel and allow expenses plus a little extra to the panel, while ensuring justice and compensation for the contestant.  A few such cases,where it is a single legal luminary on the wrong doer's side versus a panel of equally capable legal luminaries; wrong doers will end up paying not one but many more people and costs involved could be deterrants. 

I fully agree that in Courts other than High Court/Supreme Court, corruption is much too rampant.  After fighting the case in lower courts, may be we will end up reaching the higher court if finance and legal support is available through the panel.  This panel in my view should be a professional full time organisation with total transparency about expenditure. 

Most important point you are all making is that wrong doers are careless about law and have confidence that they can come out unscathed, through corrupt practices.  I agree that you all are right.

Solution is that we should all create an environment that such confidence in them should erode.  They should be made to become careful about adherence to law.  If we succeed, then wrong doing itself comes down.  Losing faith in judiciary, however, is not the answer!


By SR Sham Sunder, CEO/MD/Director Technoaid  10 24 2008 15:50:55 +0000
 
Top Argument
1
1

We people never try to understand the root cause of the problem. Firstly, laws are made by we humans and we ourselves say that no human is perfect. So there will be some pitfalls in laws, as we see news laws are made and old ones amended annually. Secondly, put the right person at the right place. We put the corrupted people in politics, administration and other sectors. Nodoubt there are black sheeps in every community but what is happening is not case of black sheeps.


By wasim akbar lone, Master in Finance and Control(MFC)  03 20 2009 18:27:17 +0000
0
0

You r right wasim but your points itself prove that people are losing faith.

The reason is old(like IPC, CPC, Cr.P.c.) and unreal laws(like dowry prohibition act), pathetic implementation and dilatory system of justice.

we need better legislators and dynamic laws corresponding to the problems of new times. This need to be coupled with better implementation and justice delivery system


By purushottam awasthi, LLM student, Faculty of Law Lucknow University, Lucknow  | 03 30 2010 09:59:15 +0000
1
0
Yes Sham, change is required for sure but on both sides law & society. Majority people of India are simply disgusted with this state of affairs and are fast losing faith in the judiciary because of the inordinate delay in disposal of cases. Some cases in courts has rolled on for half a century & I don't understand the reason why & in course of time, it become so complicated, that no man alive knows what it is & without knowing how or why; whole families have inherited legendary hatreds with the case just for the sake of it. It is not as though every judge is corrupt but the credibility of the system is not what it used to be & there are disgruntled elements in every judgment. If we want a judiciary that is spotless, the society will also have to evolve from within because the two feed on each other's acts...
By Maneesh Jain, Business Analyst, Oracle  | 10 24 2008 12:57:31 +0000
0
0
Yes people are losing faith in our judiciary system as it is very easy to manipulate things. We are leaving in a corrupt society as our entire system is corrupt from all the levels.
By Kiran Kumar Reddy, Business Analyst, SAP  | 08 21 2008 22:54:24 +0000
0
0

yes why should we? u see and analyse remedy ..go to root of matter ..see statutes ..examine case laws and press yr reliefs ..one thing one has to be clear ..abt reliefs claimed and remedy sought ..of course one has be concious of his legal rights and consequent liability on other side ..do the requisites as per teh court rules ..and u will find it is no depressing .. my experience being in active practice for more than 10 years.. courts r sitting for our purposes , if we fail to invoke their powers and right directions at right time ,, it is our faults . a considerable period is consumed in pleadings .counter /rejoinder /replicatiosn /evidence /disposal of small applicatiosn ..court can't act without it , for they are also required to follow principles of natural justice rules/full opportunity to  every contesting party /and a fair justice delivery system with no bias to any party .Crux is to comply the requirements and see the result, fault is with us , we take 10 case in one day ..effective hearing in one or two and rest we take time for small requirements ..so we delay the motion ..for persons losing faith in system ,,my advice //ask a relief fro any courtr and leave at that stage ..u will find court wil issue notices/court notices even to the reluctant litigant to appear and press applications. even if u leave for yesrs , courts will give some findings /decisions, leaving all scope the appeal of review ..so do not lose faith.    


By atul kumar sinha , Head/VP/GM-Legal, golden tobacco limited  | 07 08 2010 07:36:27 +0000
0
0

I don't think so i can give one example here see any courts weather it is civil courts,criminal courts or even consumer forum...any where cases are drastically increasing....even in family court cases are increasing comparatively...by seeing all these how can we say that people are loosing faith in LAW


By Vijaya , Crownbridgegroup  | 04 16 2010 07:19:20 +0000
1
0
It is wrong to say that people are losing faith in judiciary.The one positive thing about our country is that the judiciary here  is strongTime and again our judiciary has acted strongly especially where the accused is a person with money ,muscle and political power.The killing of a model in Delhi which was earlier written off ,was directed to be reinvestigated and the accused was broughtr to justice.The investigation and consequent trial of the accused in the Gujarat riot case is also an example of strong judicial interference.There may be lapses  but  overall performance of Indian judiciary is certainly good.
By Anil Thomas, Legal Consultant/Solicitor, espee and associates  | 11 25 2008 07:44:37 +0000
1
0

Why should we lose faith in law?  Law provides so many alternatives.  At every stage matters can be rectified.  What we require is to have energy and resources to explore all options. 

Indian judiciary, expecially has many highlights.  In all milestone decisions of Indian judiciary, guilty have been brought to book, however mighty they might have been.  Highlight, was consistant efforts in the due process of law.  That is the key. 

I am a project finance consultant and documentation expert.  I read a document well.  My client filed a case against BPCL.  He won the WP.  The other party, whose advocate was a leading light in law in Karnataka filed the appeal.  He dramatically produced an endorsement from Victoria hospital claiming that my client was neither an in-patient nor out-patient in the hospital and that medical certificate is a bogus certificate.    My client lost the case at the high court. Everyone advised my client that he should go to Supreme Court.

I was the only one who told him that with this background, even if he goes to Supreme Court he gets no benefit. I advised him to rectify matters here. 

I forced my client's advocate to file an affidavit that it is in his office, while typing out "true copy" of the doctor's certificate (in which the doctor had clearly mentioned that he had issued certificate in personal capacity - left out by the typist because he could not read handwriting!), the personal capacity matter was left out.  I threatened the advocate that I would file a complaint with the Bar Council if he does not file the affidavit, when he refused to do so. 

At BPCL, The GM Legal asked me how much I paid the doctor to add that personal capacity statement to the original medical certificate.  I made him bring back his own file, in which three years before, my client's communication with copy of medical certificate was date stamped in his office.  He kept quiet when his own office's copy of certificate contained the statement of "personal capacity" but my own lawyer's typist had left it out!

I advised my client to file at the High Court to modify the order.  All legal experts told my client that the Court does not change its own order.  Such applications are filed only if some minor mistakes have occurred but what we are asking for is entire reversal of the order.  We got the reversal at the High Court on our modification application! 

Opposite party went to the Supreme Court!  After two Writ Appeals, three Writ Petitions and one SLP in Supreme Court, we finally won the case.

All this has heppaned when I am not even a lawyer.  The difference between a consultant and an advocate is that a consultant is blamed when he can not deliver.  A lawyer never bothers if he loses a case.  I have not come across lawyers who lose sleep if they lose a case!  But when we take an assignment, we put our heart and soul into it.

We can however find ways and means to provide genuine legal support and assistance when a petitioner loses a case because of corrupt practices in law but does not have the energy and resources to fight the case further! 

The conclusion is that the legal system is fine.  We need not lose faith.  We should bring about changes to imbibe a sense of accountability amongst lawyers.  Every system in India is corrupt but they also function! 


By SR Sham Sunder, CEO/MD/Director Technoaid  | 10 24 2008 05:47:37 +0000
Post Your Resume Now !
Occupancy Accounting - CA, Bangalore
Assistant Manager - Market Research, Bangalore
Teppanyaki/Sushi Chef, Bangalore
Viewers also viewed
Recession had a great impact on the job scenario in many market and people were laid off like...
 
1081 referals 61 arguments, 807 views
As recent developments of Maharashtra shows still we are divided And divided we fall. All states...
 
3 referals 5 arguments, 273 views
Yes vs No
 
476 referals 43 arguments, 618 views
more...  
Recent Knowledge (4)
WE HAD A GOOD NUMBER OF INVENTORS WITH GREATER VISION ABOUT THE SOCIETY. INVENTORS HERE NEED NOT...
 
2 referals 2 arguments, 128 views
C vs B
 
0 referals 3 arguments, 72 views
more...  
More From Author
Relationships are definitely important but one wants to be successful and success brings happiness. Happiness which can be shared with the relations we have made..
You can say that money does not bring happiness but I want to ask "REALLY".. Think if you had no money what would you do? You would not be able to satisfy your needs. Anyone who does not earn sufficient money suffers from depression and lack of self...
Would you buy a ticket to watch football game ??
more...