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Legal Fighter (Advocate)     29 May 2010

Is the interpreation of law discetionary?

As the fundamentals of law describe that courts are just to interpret the law and not to give their own definition but it is generally seen that the courts (even SC) interpret the law discretionary. Recently, the SC held that the cooling period of 6 months is mandatory in mutual divorce and can't be waived as it has been written in law and courts doesn't have any discretion.

Now coming to other points, the law has also written that the divorce case to be concluded in 6 months, Domestic Violence in 2 months, Criminal Trial as soon as possible, even then these trials take half of litigant's life.

Why doesn't the Courts interpret as these are written in law and pass suitable directions to the trial courts.



Learning

 13 Replies

Arup (UNEMPLOYED)     29 May 2010

CONGRATULATION THE LEGAL FIGHTERS FOR YOUR QUESTIONS. THESE ARE MY QUESTIONS ALSO.

Arup (UNEMPLOYED)     29 May 2010

PLEASE READ 'MR. LEGAL FIGHTER' INSTEAD OF 'LEGAL........'

Rekha..... ( Practicing lawyer(B.Com LL.M in Business law ))     29 May 2010

Now this question  has already been asked by  S.Sabarinadh indirectly under the head of “ supremacy” read that or lets see latest judgments from the seniors


(Guest)

My dear Legal Gighter !!

 

I wish you become THE CHIEF JUSTICE OFOR LAW MINISTER OF OUR NATION !!!  I can not help you to become the CHIEF JUSTICE but I will support you to become the LAW MINISTER.  REMEMBER !!!

 

PROVIDED THAT YOU SHOULD EVER & ALWAYS KEEP THIS SPIRIT. 

 

You are a Law student and it is possible...


(Guest)

My dear LEGAL FIGHTER !!

 

I wish you become THE CHIEF JUSTICE OFOR LAW MINISTER OF OUR NATION !!!  I can not help you to become the CHIEF JUSTICE but I will support you to become the LAW MINISTER.  REMEMBER !!!

 

PROVIDED THAT YOU SHOULD EVER & ALWAYS KEEP THIS SPIRIT. 

 

You are a Law student and it is possible...

Arup (UNEMPLOYED)     29 May 2010

in many matters our lci friends though having same opinion, but we are unable to do any fruitfull activities. we have to find out one way out


(Guest)

Please do not include me with the silent beneficiary citizens.  I am fulfilling my duty, of a beneficiary citizen, through DR. BABASAHEB AMBEDKAR DEMOCRATIC RIGHTS FORUM.  The enemies of Democracy have taken 60 years and we have decided reach the set target in remaining 40 years.  Before 26 January 2050 we will give the gift of implemented democracy which was concepted by him and IT WILL BE THE RULE OF PEOPLE AND ALL THE SERVANTS WILL BE STAND WITH FOLDED HANDS BEFORE COMMON CITIZENS.

 

NO ONE CAPABLE TO STOP THIS MOVEMENT SINCE SUPREME DEMOCRATIC CONSTITUTION AND OUR DEMOCRATIC RIGHTS ARE FOUNDED FOR US BY OUR BABASAHEB AMBEDKAR.

Arup (UNEMPLOYED)     29 May 2010

i understood your enthu and energy,  you deserve appriciation. young will replace the old.

1 Like

(Guest)

A valid comment was answered by one of the member here in LCI under 1 month ago and I quote n unquote him answering it as;

1. "Law is a Ass" !

And suppement mother of all answers in laymans way from my side as;

A. Sources of Laws.

1. Laws do not lie in the pages of books.
2. Laws lie in the minds of men.
3. Pages of books are just alibi.

B. Laws in Practice.

1. Facts and laws remaining the same interpretation can be anything as their lordships please.
2. Ignore the facts and laws and prevail the opinion and that is the law in the case in hand.

I am sure you will not be satisfied with n numbers of views (read further answers) to your burning inteligent que. such as abov. so to get the right answer just shoot a RTI to Hon'ble SC based on "public policy" and I am 50% sure SC Registry will not act further in fiduciary capacity not to reply to your RTI on "public policy"

BTW do quote the answer of Hon'ble SC you receive for general consumption.

All the best.
Rgds.

1 Like

Arup (UNEMPLOYED)     30 May 2010

right arun ji, you are very right, sometimes i feel that there is no way out.


(Guest)

 

THERE IS A “WILL” THERE IS A “WAY”.   BUT WE ARE FINDING THE WAY OUT IN DREAMS.

 

WHO DO NOT HELP TO SELF THE GOD ALSO DO NOT HELP TO THEM.

 

WE ARE TRETENDING SLEEP SO NO ONE CAN AWAKE US.

 

WE DESERVE NO WAY OUT AND WHAT WE DESRVE THAT IS GOING ON.

 

SO CALLED EDUCATED CLASS !!.. HA.. HA… HAA………

ABHINAV JAIN (Associate)     31 May 2010

To Legal Fighter,

My friend let's not forget one glaring aspect of our democratic country - The difference between the rich and the poor.

I'm not going to dwelve too much deep but picture this -

There are over 1.5 million advocates today in India (as stated in The Hindu - Magazine dt-30/5/2010 pg.4- 'Black armour of law') and increasing every year. Everyone wants to earn a quick buck without sweating; same is the position with the clients, they want to win a case without willing to shelve out a single rupee; now u can't suppose tht all the law books come for free. So what happens is us advocates take a number of cases (which no doubt we can handle) but we can't do justice to them all, frankly speaking, but at the end of the day even we want to fill our stomachs with rice & dals etc.. Furthermore, the judges, taken collectively , since once belonged to this breed are fully aware of the hardship one has to go through to earn a living, therefore they are sympathetic , and this sympathetic attitude is sometimes termed as Discretion.

The rest i leave upon your good self to dig deep

My apologies if my message is in any way out of line  

ABHINAV JAIN (Associate)     31 May 2010

To, Mr. Ram Samudre

 

well sir with all due respects, i would like to make a humble submission-cum-request, the only way our country is going to be able to get rid of all the dirt is through education, our govt.'s knew that if the people would be educated they would all rise to enforce and defend their rights, which would make them a servant from the present kingship. So educate


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