To Negotiate or To Litigate
 
I had a glimpse of an interesting decree passed by the judge of Madras High Court passed to SETC in a case filed by them against the Pondicherry government over a land leased to them. The Hindu carried an interesting caption to the judgement as “Court asks SETC to negotiate, not litigate“. I was just thinking that this judgement should be taken as a guideline to a lot of other places as well. This would save a lot of things like avoiding broken relationships, heavy hearts, post-event and posterity tussles of all kinds etc. Besides this approaching court for anything trivia buzz topics is just going to sound amateurish and wasting the judiciary time.
 
In India, the following are most stupid reasons and cases that waste and take up much of the precious judiciary time:
 
  • Some crank would file a public interest petition on otherwise what he could have accomplished through the direct channel itself.
  • For petty mundane reasons couples are now knocking the doors of the court to break the sacred nuptial binding. After all, wedlock is so holy and these things should not basically come out of the doors of the house and if it comes to the doors of the court it is very bad besides sounding harsh and looking worse.
  • What Onida claims as ‘Owner’s Pride and Neigbors Envy’ seems to be a befitting point wherein when a neighbor at your workplace or residence can involve in all sorts of gimmicks in interfering with your family affairs proving to be a bottleneck to your growth and when challenged of his misdeeds he would try to maneuver in a mischeivous way using underworld advocates to further leech away benefits from you.  The only foolproof and futuristic way to address these sorts of pranksters has been already discussed in another context over here.
I just thought of sharing here a few other negatives about Indian advocates. I have two experiences with them:
 
  • Very many years back one of my friend had a property related tussle and in one of the legal notice recieved by him by his opponent had an interesting feature in the legal notice which my friend’s advocate used to challenge them back. The response started like “In accordance with the undated legal notice sent by you on behalf of your client …
  • Very recently in one of the neighbor related issue, we could quash my neighbor’s malicious defaming attempts on the following charges:
    • “Too many spelling mistakes in the response sent by your client to my client in a sampling ratio of 8 mistakes in a sample of 10 words”
    • “The initial interference is seeded by malicious illwill from your clientside”. Interestingly since the neighbor does not have any other thing to lash the whip back, he is now resorting to sending out junk spam like crazy p0rnographic website invitations like http://www.8thwonder.ws/, and very recently myfanbox related stuff. I would intentionally reserve discussions on this spam topics to a totally different post to delve into them in a greater depth of discussion. 

I think the courts of the land should make the doors more stronger so that people do not jump into bothering it for such trivia things. People should be more mature in knowing and solving things amicably amongst themselves rather than bothering the courts for anything and everything.