do the indian courts still use flowery language ?


Hello All,

I found an article for lawyers that talks about the usage of English language in a more simplistic way in legal drafting. As I asked you in my previous thread that how'd a judge react to this kind of language, for which this article clearly touches every corner of my doubt but how pragmatic is it to think this way in real time ?

One day, I happened to talk to an US attorney and he also mentioned that there is still flowery language is being used in the Indian courts, rather spitting concise/precise statements. Can anyone tell me their experiences if possible ?

Please read the article, it's good one.

http://www.icsi.edu/cs/May%202009/Articles/Drafting%20Agreements%20in%20Plain%20English%20by%20Dr.%20K.R.%20Chandratre%202.pdf

 
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Advocate/ Asst. Manager(Legal)

Dear Raman, I am not agree with you. the Indian courts inluding Apex court always use the language which is the demand for proper interpretation of statute made by parliament. meaning thereby the statute in itself contain such types of complicated words to fulfill the need of  changing in society that can not be interpert in case of any dispute arises, in the language use by a novel writers. 

 
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 I will be more thrilled to see especially Mr. Palnitkar's response. Thanks ...

 
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Dear Dinkar,

I appreciate your response, so basically you are disagreeing with Dr. K.R. Chandratre's article !

 
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Advocate/ Asst. Manager(Legal)

Dear Raman,

 what  i had said earlier, it is not easy to interpert any terminology used in any statute in such a manner which can be understandable by a laymen. specially in case where such statute have applicable in rem ( whole society) even for a shortwhile you look into the medical terminology How much typical it is, that a ordinary person can not try to understand as such he believes on doctor's suggestion.

 
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I'd agree with you in an aesthetic sense but not completely. I was reading some where that as per Indian Government Act: "Be you ever so high, the law is above you" (Please correct me if I am wrong). Therefore we can not compare these professions. In fact, I would question the same in medical field too. Why not a common man should understand what these Professionals speak! That too, our country has preponderance of illiterate people who have lack of awareness in legal system. When English is not our
primary language, what is the neccessity to twist the sentence to make it more complicated. 
Here, I am not at all talking about the terminolgy! Well, every subject has it's own terminolgy. When the terminology is carried in a simple sentence, the message would be pretty much clear to the seeker.

Lawyer is a bridge between public and the court. Therefore, it is his responsibility to make the path clear between both the ends.

I suspect, this could be a part of the reason why millions of cases are in pending in Indian courts ...

Nice conversation Dinkar ... Thank you.

 
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