srivastavacmlal
125

Dear All Members,
The views/opinion expressed by Mr Kamal Datta that law means ...cost , delay and glorious uncertainity. But it is India where judge can easily be purchased.
Such a view on \"judiciary\" is highly derogatory and offensive to the system established by the Constitution of India.
Let us observe self discipline and demonstrate true respect and dignity to the Judiciary.
Thanking you all.

From India, New Delhi
Adv. Manoj Liyonzon
54

Lorein If you signed for 2 weeks notice from company side, then the same will stand for company.
From India, Chennai
Kamal Datta
40

Mr Srivastava,

Sorry for my comments.....I know it is very much unperliamantery...

But at the same time I must say " Every body knows everything , but nobody reacts...." . The person who react will be "DESHDROHI ",

Even you also knows everything.......Please go to any lower court In India......you will find the reply of my comments.

Our Judiciary System is too old......now it's the high time to change the proceedings of the systems and attitudes, and you should be a part of that efforts.

I can give you 100 examples..... You Just fight any 138 case ( cheque bouncing case ) to anywhere in India...that case will surely continue for 10 years or more...after 10 years the accused will die and the file will be closed .. I hardly seen any conclusion of 138 case with a sweet note.

I have seen a case under MACT act where a driver died in an accident....Court awarded a compensation of Rs 6 lacs to his family after 7 years court battle. accused then appeald in the HIgh court..now the case is pending in the Punjab & Hariyana High Court. And the most pathetic moment is that the family of that driver is so poor that she can not afford any further expenses after more than 7 years fight in the MACT court.This is our Judiciary System.

At the same time I can give you another MACT case example.. One Financially strong gentleman met with an accident while driving his car in Gurgaon in the year 2008, Seriously Injured....then recovered from Injury within 2 months. MACT case filed . during this period , that gentleman died due to Cancer in the year 2012. MACT court awarded Rs 42 Lacs plus Interest to his family......these are the difference of judiciary system between a truck driver and a financiallyy rich person.........

Again I will say strongly that Law means ....Cost , Delay and Glorious uncertainaty.....I can say these words before Chief Justice Of India also....becaue it is now or never....It's the time to change our Judiciary systems........

Sorry again , If I am wrong.....

From India, Kolkata
saswatabanerjee
2383

MACT can no longer give a openly unfair judgement. The focus is too hig on it. The high courts don't take lightly such things any more. High courts already know that the utility of MCAT is if it gives fair judgement else they will be burdened with more cases. So, I suspect there are some other conditions which make the case complicated. Yes, having a good lawyer is always advantageous
The difference in value is again a part of the insurance rules. The insurance comoany is liable to pay in accordance with age and earning capacity. So, that it's self is not surprising.
I am not saying our judiciary is the best, efficient or free of corruption. But those in other countries, even usa, are same.

From India, Mumbai
srivastavacmlal
125

Dear Mr Kamal Datta,

Your viewes may be view of majority of people who come in contact of courts. I do not have any reservations on your statement that \"Law means cost, delay and glorious uncertainty.\" My specific request was to the statement \"It is India where judges can be easily purchased.\" This is really derogatory.

Cite HR is a forum to suggest possible advice to the person who in need of it. I am afraid to say whether Cithr is forum to discuss the issues of corruption by raising unpleasant remarks against the constitutionally established system. I do feel convinced that Citehr should be used to guide the members who are seeking advice rather than raising dirt upon the system.

In case any one of us wants to light a candle to remove the darkness, he is most welcome to do so and seek support, but not by posting such derogatory remarks on citehr.

This my only request, humble submission and prayer to all my counterpart Members both seniors and junior.

With due regards and apology if my view hurt any one of you.

From India, New Delhi
Kamal Datta
40

Dear Mr Srivastava

It's a forum of discussion, .You should not apologise. Your view is correct. Even the comments posted by Mr Saswata is also correct. Corruption is not only India's problem. Its a global problem because everybody loves money. Even In the communist and disciplined country like China is also facing the same problem.

But the main problem is " Who will bell the cat " to remove it.

I also agree with you that I have posted a wrong remarks that "In India Law can be easily purchased" and I am extremely sorry for my remarks.

But at the same time I must say that our old Judiciary System must be refreshed and changed....it's a must......Lacs of families ruined to fight court cases which is a very lengthy process for 10 years , 20 years etc etc.....Do you know that there is a case which is pending in Kolkata High Court since 1979 ???? It's a single example out of thousands of cases.....

In todays context " Slow but steady no longer wins the race "

That's all I wanted to say in my previous posts....

Sorry , I am hurt anybody.

From India, Kolkata
saswatabanerjee
2383

Kamal, Srivastav

I have been repeatedly saying on this forum that "going legal" is a very costly affair. It needs lots of time and money and will completely destroy future career.

However, there are some members who at the drop of the gun, say, go to labour court, the law is on your side. We need to ensure that members are well aware of the reality.

My dad is appearing in a case they filed against customs department 28 years ago. The matter is at Supreme Court in appeal. Over 28 years, how many lakes would have been paid to lawyers to appear for hearing, how many hours wasted in court waiting for hearing, how many tickets to delhi and back and hotel rooms paid for during the repeated hearing and appeals ?

The company can afford to pay. In fact they don't have a choice as accepting a false claims from customs would result in a lot of problem. But think of a common employee. If he had to fight for so long against a company ... Is it worth it ? Or better to,put this behind and move ahead with a new job.

From India, Mumbai
Kamal Datta
40

Mr Saswata
Exactly what I am trying to point out what you are saying now....That is why I posted a Sentence in my provious post that "Law means - Cost , Delay & glorious uncertinity"........Employer can afford 100 court cases...but a common man can not afford the cost of a court proceedings for years..
This is a legal foruim...most of the members are involved with legal or HR activities...so clinically they rightly advised to go to the labour court.....after all it's the source of our bread and butter.......We will be finished ffinancially , mentally and socially if every cases are settled out of the court..
But at the same time I strongly support your views impartially being a human being. The court case of your dad can continue for a further period of next 5 to 10 years also......that means he is one of the victim of our judiciary proceedings...

From India, Kolkata
saswatabanerjee
2383

True,
Except that in this case, the comoany is not his, he was just a senior manager
And now, the comoany has kept him many years after retirement because they need someone from the old set to be able to handle the case.
So like our lawyers, he benefits (thought he does not like what he says is a waste of time and resources)

From India, Mumbai
Hrparamjeet
5

Hi This is totally unfair. Contract should be same for both parties and it seems to be one sided in favor of employer. This may not be be stand in the eyes of labor courts.
From India, Chandigarh
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