Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Abramchichk (Be The Change)     28 August 2011

Why summons can't be sent via email to NRIs and others too?

I dont understand why even today , summons to NRI  and cant be sent via email??????

Why it s not practised by courts ??????

Wont it save lot of time?????



Learning

 13 Replies

Alok Tholiya (self employed)     28 August 2011

The two most backward, insensitive depts are judiciary and civic bodies. If they modernise then how the clerk of advocate will get tips, how the beliff will get the bribe? From filing of case to service of summons, to obtaing the copies of orders, etc etc everywhere u have to bribe. Since politicians and top govt officers and their family members, their left hands and right hands like builders, hoteliers, mafias, etc etc r the major law breakers hence they dont want to improve the civic bodies and courts. Keep suffering till another Anna taked birth and brings some change in judicial systems.

SANJAY SHARMA (ADVOCATE IN CHARGE)     28 August 2011

dear

now these days there are many places where is not facility of electricity, and they are illetrate but not understand the language of law so summon is necessary to servicing by hand not for email, and if any NRI do't open his account by one month, Hon'ble Court can not verified that defendant or plaintiff are interesting in suit or not.

so servicing of summon is neccessary by hand through court's person, and do't say that this the medium of bribe.

and if you give RISHVAT then also you are responsible for the same.

 

thank you

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     28 August 2011

 This issue was previously  raised and answered in the recent past. Advocate Mr.Sanjay Sharma has rightly depicted the traditional mindset of those in the Judiciary, unfortunately encouraged by some of the Lawyers also.  Perhaps, it is high time for us to get acquainted with the provisions of the Information Technology Act,  related amendments made in the Evidence Act  and the provisions incorporated in the Civil Procedure Code which allows service of summons by modern means of communications, like telegram, email, post, currier,etc.,  It is deplorable that  inspite of  provisions incorporated in relevant law as aforesaid,  there is a general tendency to defect the law by  non-implementation of the same by vested interests. 

Alok Tholiya (self employed)     28 August 2011

sir,

Whereever , like metro cities . Besides my advos clerk has time to send sms on Hanuman jayanti but does not have time to send sms that today court is not sitting and that I may not come.

If they do draft on PC then it is easy for me to receive and correct and send back but they still want to do on typewriter. Then  they call me to collect . Then I have to remove xerox and return their copy. Then come home. Go thru. And finally do corrections and go back and give it to them. If there r corrections then pay for retyping.

And it goes on. Even in all college campus u will find Laptops every where. But u may come to 7 storey Bandra court and show me a one single laptop. In bar room there is a TV to see match but not a PC or printer.

When suddenly they have to give an application before  court they will make me run for a ledger paper. Then sit down in court room itself then write an stereo type application and then ask me to rush for xeroxing. Then ask me to buy a court fee stamp . Then ask me to go and get gup for sticking stamp.

As they never care who the client is, what is his age, what pressures of life he has. This is in no. one city of India and where advos are earning well ( I have no grudge on that) but have no herat , no compassion and enjoy adding sufferings to a already sufferer.

So ur mind set is same where u dont want to accept change and will keep giving excuses. . And initially  for any change there will be hardships and expenses but if there is a oneness, feeling for ur client ( but most take it as a bakara/ shaikar / commodity to harrass and gulp).

Shayad Bakara to ek din baki chadaya hai but client to to bali chadata hai.

Since advo is happy and unconcerned so is his assistants, clerks and peons. None give u respect or act swiftly to help u. They wait to see u suffer, plead, do all begging and then they may oblig u.

And banks, IT,Sevice tax, UID card, PAN card, travel tkts including of buses r all computerised but the courts and police. Why ??? It helps big criminals and offenders ( mostly politicians and bureacrts) save their skin by delaying courts, passing at times funny orders , etc .. The system scarce genuine sufferer and those who wish to misuse the stone age system kelps them. My one tenant filed a case in 1990  (no sooner I purchased from earlier landlord ) asking exclusive right on terrace of a building . The issues have been framned in 2010.

The smart and so called sr advo of tenant keeps one or other intrim application filed and pending.I try to  attend court religiously but nothing transpires and several dates pass. And suddenly once I am absent and my advocate is busy in other court he gets the order passed.

30 years back Hinuja Hospital installed a system to page the doctor but there is one graet system in courts and that is I have to act as a pager and search on various floors my advo if court calles for him and if I am not there then court has greatness to pass the order exparte / withou arguments. 

And I can go on , can u read the board, can u listen to what is happening sitting on last bench ,........

Courts pass orders aginst others to give food if flight is late, send sms / email if there r changes in flight timings, do not harrass customers, video shoot whenever necessary etc.. But is court bothered abt informing clients if court is not sitting, that today's baord is discharges and need not come if not come or can go and save time etc etc. Is courts willing to video record court proceedings. From parliament to Society AGM are recorded but the court proceedings.

Let me stop here lest I make more enemies and I already have enemies everywhere.

Alok Tholiya

9324225699

atholiya@gmail.com

 

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     28 August 2011

 

A.A.Jose Baroda is right. IT Act accepts email as a valid form of legal communication.


Technology is not any problem at all. Law also is in place. But still.........


The other party is an individual who may have his own troubles. All said and done, while we, residents do have our own limitations as regards the technology oriented means of communication, email; it is still a comfort even to this special class, N-R-I.


- What will be the legal position if the nRI does not open the email for troubles that he alone might know? Can a court take that sort of a situation to its stride?


- What will happen if a technically sauve nRI turns to mischief. It could lead to a neo-crime with e-mail.


Well, having suggested this, I aim at educating the learned members so that a viable, legally correct means could be arrived at to legalise email.


Sandeep Aggarwal (Advocate)     28 August 2011

all of you people including the advocates are correct on their respective places. Courts are less bothered about the public. Everywhere bribe is the main concern. Summons staff are earning so much through bribe that one layman cannot even think about. Courts gives long dates of 3-4 months in a case and if the service is not done or effective then again wait for another 3 or 4 months and the complainant or petitioner or really concerned man will be ------, you know what i want to say here. Advocates are not giving proper assistance. Good fees= good service and Bad fees= bad service by a advocate. So one can expect the system . And this is nothing but only service of the parties. Rest of the case is still pending to discuss..Bye hoping the country to reform itself and not by way of OUR Dear ANNA JI, who has to risk his life for the sake of corrupt INDIANS. JAi HIND.

Sandeep Aggarwal (Advocate)     28 August 2011

One thing for Mr. Sanjay Sharma Advocate. NO body wants to give rishwat, but one has to give when he is forced to give by creating that kind of circumstances. I think Mr.Sanjay Sharma Advocate you must have understand where i am talking.

SANJAY SHARMA (ADVOCATE IN CHARGE)     28 August 2011

DEAR AGGARWAL

IF U CAN'T FACE THE HARDLE PROVIDED BY THE BRIBE THEN HOW CAN U THINK THAT A MOVEMENT IS NECCESSARY TO FINISHING THE BRIBE, YOU HAVE TO STRONGER NOT TO GIVE THE BRIBE TO ANOTHER BODY BECAUSE OUR CONSTITUTION AND ADMINISTRATION LAW PROVIDED MANY THINGS TO ALL OF SEEKER OF JUSTICE, AND U HAVE A GREAT POWER AS RTI AND IF YOU WANT PULL OFF LUNGI OF ANYBODY THEN U CAN DO SO WITH RIGHT OF TAKING INFORMATION, HOW CAN U GUESS THAT BRIBE IS SO NECESSARY, AND ALWAYS ADVOCATES ARE NOT RESPONSIBLE FOR THE SAME BECAUSE EVERYBODY WANTS VERY QUICKLY JUSTICE. AND DO'T WANT TO FOLLOW THE PROSSESURE OF HON'BLE COURT, HIMMAT RAKHO OR KAL SE KASAM KHAO KI NA TO RISHWAT DENGE OR NA LENGE, SUMMON STAFF DEMAND A RISHWAT U CAN COMPLAIND THIS PERSON TO CONCERN COURT AND POLICE WITHOUT BEING LATE.   SO JAI HIND JAI BHARAT GOOD BYE
 

SANJAY SHARMA (ADVOCATE IN CHARGE)     28 August 2011

DEAR

AGGARWAL ONE DOES'T WANT TO GIVE RISHWAT THEN ANYBODY CAN'T BE FORCE TO ONE

niranjan (civil practice)     29 August 2011

I completely agree with Mr. Tholidya. Though bribing is a menace and one cannot overcome it,if one does not givce bribe he will continue to suffer,Mr.Tholiya is right.Advos.can and should respect their clients.Arfter all this is a question of moral which many have lost.It is alwsays easy to preach but difficult to impliment and so let us try to contiibute to the extent we can.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     29 August 2011

The topic is: "Why summons can t be sent via email to NRIs and others too".

 

Why not think a bit ahead? Why dont we suggest that all courts should accept e-filling /e-case documents. Extending this a bit, one will also have to think of having a mechanism of scanning all hard copies incase applicant pleads inability to file e-documents. I think it will be alright for the state to provide this as a service i.e. at no additional cost/very minimal additional cost (something like 10paisa/page or something like that. The cost could be discussed later).

 

If this e-filling or conversion to e-document is legalised, the whole of the RISHVAT that you are all talking about can be tackled.

 

If this e-filing/conversion comes into picture, email will be even more prominently used.

GIRISH KUMAR, ADVOCATE (Lawyer)     30 August 2011

I agree with u. Threre are many  problem in service through Email.  The very first reson is that the service of summons/ notices has not been incorporated by the legislature till now. Therefore the judicicary is unable to serve the process through the Email. Another reason is that the process be served to the person against whom it is issued and it is not possible to ensured by the email that the process is served on that person only.  

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     30 August 2011

Technology is not at all any problem. As Girish Kumar has rightly pointed out, it is legislations that have lacked behind. This gap has caused lots of nuisance. Rishvat is one amongst the major ills.

 

Some thing akin to 'Visa", a non-government body that is a dejure standard in itself in the credit card/debit card segment should happen in email sector too.  All credit cards, ATM (Automated Teller Machines), POS (Point of Sales) terminals etc would not have been possible without 'Visa". It is such a thoughtful, useful conception that it has successfully provided the much sought for value addition to society.

 

All that that brought Visa into being should happen in email sector and result in an intermediary that court can rely upon.

 

In fact, ATM/POS transactions, credit/debit card transactions also have litigations and definite laws are in place to handle the multiple situations that could arise out of ills, frauds, inconveniences, deliberate acts etc.

 

Akin to that, email, the suggested email intermediary, associated guarantees, mechanisms, laws etc needs to be evolved too.
 


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