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Kumar Krishan Agarwal Advocate (Lawyer)     24 August 2017

Indian laws are the dirtiest law in all countries

Dear Sir!  I am contesting many personal and client cases and found that Judges not like to give releif to party or to litigant and just search alibi to dismiss the cases or hanging the matter year to year. Higher Authority sat on  Allahabad High Court 700 km away from my district I have no higher resoures to approach and may spend months on that District alone at Allahabad High Court.  Justice Courts is far away from reaching my feeble hands and feeble pockets. Our Indian laws are the dirtest laws in All over the world

Life True Examples of dirtiest laws:-

Suppose Police not lodged FIR  in cognizable cases mostly easily and make bufoon of victim, if pressure comes than make simple 107/116/150 Crpc case for both sides

if FIR lodged hardly in 156(3) thru court orders, Final Report police submit for closing case ;

If complaint case made in Sec 190 Crpc then judge may mostly dismissed in Sec 203 Crpc

If police made case against any person then that case never be dismissed by judge in initial stage it always entrap other party even a constable may make false case of FIR against any person and that case not get dismissed by Magistrate Court.

If police may arrest accuseds in non bailable and non compundable offences then the same police after money convert non bailable to bailable offences and non compoundable to compundable offences and give direct Bail from Police station same day.

If Accuseds get bail from court then month to month and year to year chain of Exemption Applications comes and the date fixed month to month and the complainant not get prompt Justice and died without justice from lethargy court systems

If Accuseds get arrest then no notice was served to Complainant and to victim for his objections and reply to heard and the State prosecution APO may help to get bail easily to accuseds on consideration .

If any summon order passed against any accuseds person under Sec 190 Crpc then the accuseds file Revision then in Revision without hearing complainant verson passed one side order on hearing accuseds version as mentioned under Sec 403 Crpc and set aside summon order against all accuseds

Now IN Civil Suits no relief you get from Court from year to year and no case admit till full COurt Fee not paid by you in it. Like if you get out of your home and property premises and some miscreant person take control on your house and premises as Criminal Trespasser then the Suit not maiantable until the full Property market value 8% Court fee in U.P not paid by you. The Criminal Trespasser live with dignity and proud and the owner of house and premises wander and roam on roads for collecting Court fees through begging in many years then if some how it collected then wait 10-20 years to get full and final releif if might get judiciously from all court from hierarchy from honesty judges if get dishonest then die with heart attack pain like cooked justice called injustice

 

Rest many things are in books which make the dirtest law of all countries in INDIA

 

 

 



Learning

 15 Replies

SUNIL KUMAR (apprentice)     24 August 2017

You are right sir almost It solely depends upon the judge and police. It is high time that a thorough revision of laws brought

(Guest)

As you said Indian laws as the dirtiest, have you compared other countries' laws and practice in those countries?

 

Kumar Krishan Agarwal Advocate (Lawyer)     25 August 2017

There is no need to go for practice in all countries when the Violation of Laws and lethargy Courts Mostly Severe and deadlock in Indian heard daily in all News and Internet World than other countries then why to go for practice other Courts outside India and get experienced. ALike Pakistan small country remove PM of it in 2017 in corruption charges but here no political leader as such high esteemed post may even remove by SCC till today Indian history.   Another Example See the Structure of Court and Judges in State District Court in very State besides Union Terriority all are of British time structure where no well furnished Room and the 20 Client  and 20 Advocates cannot sit in one Court Room space. Time Limit of Cases and suits not in any Sections or Provisions and not in IPC Sections applicable nor in Civil Suits you have to wait till eternity and alike in the desert region the rain is missing. Daily Strike and frequently holidays and many Causual Leaves of Officer of Courts and Staff and vacation long leaves gives less working hours to daily work in the Court daily schedule 10.00 AM to 5.00 PM daily with all punctuality. No attendance of judges when they sit and when they rose up from court dais and desk. In Ancient times fought in Evil and goodness end in 18 days in mahabharta but here take 10-20 years from bottom to top and harass as you are in cricle of grinding into pieces for getting hope of Justice but the Justice is far away alike a distance of earth and sky.  No Negative Judical Remark put against any Judges or magistrates of they pass impugned judgment and set aside by the Higher Court in India and thay why the Judges mostly dismissed the cases and suits of petitoner mostly and pass adverse orders in getting relief to opposite party.

INDIAN LAWS always create hurdle in the Roads of Truth and Justice and waste time, wrong diversion, preplanned estoppel and rest nothing it contain for dispersing the smooth and fast justice to all the people of India.

Indian laws are of favor of offender most than complainant and victim.


(Guest)

@Advocate, Mr. Kumar Krishan Agarwal,

If you say anything, activity, event, or system, in superlative form, like dirtiest, that has to be necessarily to be compared with other similar things, not merely on getting experience on that particular thing, activity, event, or system only on a very tiny part of the system that too at one place only. The world is not such a small entity that anyone can gain worldly experience merely by keeping oneself restricted only at one place. Any individual's opinion cannot prove so, what thinks about that any particular thing.

Any system can be compared with any other system by practically experiencing that either by playing an active role in that system or making survey or interview of different practitioners of the world to include their experience and analysing the things in totality, but not with reference to the epics of the ancient era, like Mahabharat or Ramayan, which you have never seen or experienced personally. If you quote 18 days of Mahabharat, you should also not forget the incident of Sita haran that took years of Lord Rama to recover her by reaching Shri lanka on foot then fighting with the Ravana and his army, when he had already been provided with the clue by Jatayu about Sita to be in th ecustody of Ravana, whereas in the present era, even if no clue is given by anyone, but the authorities get hold of the abducted person within a few days, if not on the same day. Today, Sri Lanka is accessible within a day even from the farthest place of the world, rather than months that Lord Rama had to waste to reach Lanka.

System is not to be blamed, as it is neither made by itself, nor has any legs or arms to move by itself. It is the creation of human being created to serve their own vested interesrts, and also run or made to run by the human beings in their own vested interests. Biases and prejuces of the makers of law always play part when making any law.

So, what I feel as a learner (Jigyasu), law is run at the whims and fancy of the human beings and regulated by the nature and style of activities of the lawyers when there comes the question of working of courts, whereas judges have to play a role of a mediator with specific reference to the existing statutes/ system. There jusgments are made in favour of those, who convince the judge as based on evidence on the issue or by the smarness of the lawyers in presentation of the cases. 

So, a judge has also to work at the whims and fancy of the smart lawyers at the cost of the opponents by creating such circumstances for the judge either to postpone or to agree with the wishes of one or the other lawyer, who can convince him on the issue, but seemingly without violation of the law.

Then comes the role of the politicians, whom we elect, rather select to represent ourselves in the sacred houses, the Parliament or Assemblies meant for enacting laws for us. But, you must have observed, several criminals find way to the legislatures to make laws for us. Election of such criminals also goes to our own discredit, when we elect those criminals as our representatives. There plays the biases and prejudices of the legislators to enact laws for the public by keeping their own interest intact, may a common man gets justice or not.

So, in case, you have got some bitter experience while practising law, you have to learn how to be smarter than your opponent to make use of the existing laws and to make the judge convince on your points to get justice diverted towards you. if you are unable to convince the judge on merits of the case or otherwise, it is not the failure of the system, it can be said to be your own failure, as an individual lawyer.

The other alternative is to send your proposals to amend laws and procedures of the system, whichever you find defective, makeing them aware of the evils of the existing law/ system and merits of your proposals to make them feel proposing amendments to laws and system to the Government to get that passed through both the houses of Parliament for ultimate consent of the President of India.

Best of luck!

 

1 Like

(Guest)

I appreciate Mr. Jigyasu for his best analysis of the problem and his vision to look at the things and systems.

 


(Guest)

Thanks for your appreciation Mr. Dhingra.

 


(Guest)

You are welcome, Mr. Jigyasu.

 


(Guest)

Thanks Ramesh Singh ji for your appreciation and encouragement.

 

S.B.adil rahman (Legal Consultant )     26 August 2017

Indian laws? Legacy of the British in most of the laws is the main cause for having a poor and frail judicial system. The quality of judiciary is far worst than any other progressive country. Our rulings of Apex Court are never quoted in the judgments of foreign courts while our judges extensively quote from English laws. Shame on us that we feel proud of the same. A few weeks ago a Kenyan/Algerian court had quoted a judgment of Apex Court which was mocked in news papers of foreign origin. It is always better to decide the matter in Panchayats or at alternate resolution forum rather than approaching the police or court if the offenec is not against properties.


(Guest)
Originally posted by : S.B.adil rahman
Indian laws? Legacy of the British in most of the laws is the main cause for having a poor and frail judicial system. The quality of judiciary is far worst than any other progressive country. Our rulings of Apex Court are never quoted in the judgments of foreign courts while our judges extensively quote from English laws. Shame on us that we feel proud of the same. A few weeks ago a Kenyan/Algerian court had quoted a judgment of Apex Court which was mocked in news papers of foreign origin. It is always better to decide the matter in Panchayats or at alternate resolution forum rather than approaching the police or court if the offenec is not against properties.

 

Do you mean roots of slavery yet not vanished from the minds of Indian judciary, or judiciary is yet not ripe to apply its brain, or else, talent of judges yet not match with the judges of the other countries?

S.B.adil rahman (Legal Consultant )     27 August 2017

Your concerns are correct. The clients abuse the advocate in absentia because they feel that their advocate is delaying the matter for pecuniary benefits. But where is the escape from the system? For example, the cases of Domestic Violence Act must be concluded within 60 days but in Kolkata I have seen the cases being dragged for even two years. Interim relief to a helpless is granted minimum after 6 months. Police do not record F.I.R and if it records then do not investigate and if investigation in slipshod manner is made then the case drags on for years together. Our entire judicial system is worn out and accused friendly. Aggrived persons are the biggest looser in the entire cosmetic world of legal luminaries.

S.B.adil rahman (Legal Consultant )     27 August 2017

I feel so Dhingra Saheb.Every advocate is incompetent to comment on judiciary. But members of public are free (see the comments of Sakhshi Maharaj on the conviction of Baba Ram-Rahim). You will appreciate that one crore or more  cases are pending in our courts. It is not the question of talent or slavery minded judicial officers. It is matter of judicial efficiency. What is the reason of pendency of so much cases? After independence of India, the judiciary has moved also but in very slow manner. Until there is a judgment of constitution bench of the Apex Court who cares for the law. A very few who are either weak or gentle care not the aggrived persons. Vacancies of judges are lying unfilled for the ages in almost all the courts of every level in India. Had the Government been serious it could have deployed the retired judges vesting them with the power to hear and dispose of the cases. But what is done Dhingra Sir is known to each of us. Only high profile cases are repeatedly shown on the T.V and written in news papers and we think that every thing is alright. We are mentally perhaps not matured to understand the agonies of the aggrieved. One of the fields in which we are lagging behind is the judicial efficiency also along with health and education.

N.K.Assumi (Advocate)     18 January 2018

It is not the systems that is at fault, but all those involved in exercising the systems machinery to work that is at fault, that includes law makers in their real life, judges, lawyers and the general public. Hope there will be more discussions of such topic in the near future.

G.L.N. Prasad (Retired employee.)     18 January 2018

but all those involved in exercising the systems machinery to work that is at fault, that includes law makers in their real life, judges, lawyers and the general public --N.K. Asumi

Absolutely true.  


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