Had been advocate for 30 years and used this (bad) way for my client until the law changed in Germany. If you do not put all your facts into the claiming papers from the beginning the opponent my say "to late" and the judge is not permitted to consider any documents placed later on.
India needs such a procedure regulation. Real reforms in the law are necessary. Very unfortunately Indias law-structure is in its essence English, the worst of the worst. French and German laws are by far better. Unless India makes itself free from this enslavery from the arrogant English (driving on the wrong side, having inch and the disgusting weight system instead of cm and g, and the impossible paper sizes) there will be no real progress.
George
ceterum censeo India (the Mother of all nations) esse uniandum = it is indispensible to reverse the partition more
India needs such a procedure regulation. Real reforms in the law are necessary. Very unfortunately Indias law-structure is in its essence English, the worst of the worst. French and German laws are by far better. Unless India makes itself free from this enslavery from the arrogant English (driving on the wrong side, having inch and the disgusting weight system instead of cm and g, and the impossible paper sizes) there will be no real progress.
George
ceterum censeo India (the Mother of all nations) esse uniandum = it is indispensible to reverse the partition more
Viewed by 407
View all 24 comments Below 24 comments
George thanks for your comments on the Indian Legal System; It is a fact that the ILS is framed on the lines of the British Legal System, but what is followed in British courts is not necessarily totally part of Indian legal system. In many areas new laws have been introduced or existing laws modified, to suit the Indian scenario. The Indian Evidence Act provides javascript:;that " however, (b) A suitor does not bring with him, and have in readiness for production at the first hearing of the case, a bond on which he relies. This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure 1*. The CPC provides " Power to order discovery and the like— Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party,— (a) make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence;" The intention of our law makers is to ensure that there is no "miscarriage of law" lest the innocent shall get punished for no fault of his; Thus the problem is not due a defect in the legal system but in the absence of will power to monitor the proper implementation of the laws. more
Nov 17
You are right, there in no will, our political masters are in no hurry because this rotten system suits them and the people simply don't know their rights they are too busy for these things..... more
Nov 14
Mr.Mani Iyer, Thanks for your comments. I think that social justice accepted by public, should be more suitable to us, rather than statutes. However there should be punishment for the guilty immediately. The law has to be modified to that extent. more
Nov 13
De Sahab, political atmosphere has to change. Â Courts and judges are willing, the politicians are impeding fast justice. From: Kinkar Kumar De To: manigiyer2002@yahoo.co.in Sent: Friday, 13 November 2015 7:58 PM Subject: Commented on "Had been advocate for 30 ..." in [Legal Advise and Matters] more
Nov 13
