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The Easiest Way to stop litigation in India

CA SURENDRA KUMAR RAKHECHA , Last updated: 21 June 2013  
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There are lakhs of LAW GRADUATES in India.

• Many of them are not engaged in the Law Profession which they chose as a Career. They know law but were not prepared well for the pleadings at courts of law. 

(This situation is only in India; nowhere else)

If they can utilize their academic knowledge to EDUCATE the people; then surely it would be a GREAT SERVICE  to the society. 

• One example to show how  COMPLEX LAW is and how UNDUE BENEFITS by misusing it is being derived.

“There are more than 45 lakhs cases pending in courts relating to bouncing of Post Dated Cheques (PDC).  U/S 68 of Indian Stamp Act issuing PDC is illegal. In no part of the world PDC is treated as a negotiable instrument. If PDC could be treated as negotiable instrument then nobody will issue Bill of Exchange. Even all Indian Banks know that. But every one behaves as if nobody is aware.”

Law is not a matter of teaching  law  to students only.  The public interest is the main reason behind evolution of law  and  the public interest can be ensured  when public know very well HOW TO FOLLOW THE LAW. 

MY SUGGESTION:

• Being a member of the society; I am of opinion  that it would be better to PAY sufficiently to  law graduates  to regularly EDUCATE  PEOPLE to follow LAW than they  appear to plead the cases of clients who BREAK it.  

• Many social organizations may come forward to invite law graduates for this cause.  The business organizations may also take this initiative  as a part of Corporate Social Responsibilities. 

This way;  the litigation at courts of law will be reduced to a great extent and problem of high pendency of cases can also be solved without any further efforts.

Presently;  timely “JUSTICE” is not being provided to the public due to lakhs of cases pending for decision. 

( Right now;  only “JUDGMENTS” are being provided after a very long time)

Out of total cases at courts of law; 50% plaintiffs and respondents are WRONG. 

The simple reason: In  every case; one is a loser.

(May be the loser is actually RIGHT  but his case could not pleaded properly).

SIXER ON LAST BALL:

When some decisions of high courts and supreme courts are delivered on the basis of "majority" of "opinion" then it is not 100% sure that judgment is 100% correct.

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Published by

CA SURENDRA KUMAR RAKHECHA
(Practising CA at Surat)
Category Others   Report

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