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mohan kumar (asst. manager) 25 January 2011
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DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 26 January 2011
It is a myth that the proposed law for advocates will solve the problems of litigants. There are various problems in the whole legal system and such piece meal surgery will not help.
A simple example even the central law minister does not which which legal action lies before which forum and what are remedies available for a particular problem.
This situation has arisen because there are amendments and amendments in legal provisions with no corelation to each other.
And situation gets compunded with defferent judgments for similar problems .
I will give you a simple example. The SC decided in Dec 2010 in Mehtre case that even in murder case the sessions court should give bail since libery is fundamental right.
Another bench in Jan 2011 overuled a Kerala HC judgement in NI 138 cases where the Kerala HC had tried to lay down simple procedure for criminal trial in summons cases.
I HAVE POSTED BOTH THESE JUDGEMENTS IN FILES SECTION , REASONED COMMENTS WELCOME.