dr g balakrishnan (advocate/counsel supreme court) 08 June 2014

Why we want litigation lawering!

Problem in india is we do things without first consulting what kind of law is in place that way you get into unnecessary expensive litigation as also very high expensive legal battles as we are overwhelmed with egoistic tendencies;

It is also a fact the litigation takes several years even in cheque bouncing cases filed u/s 138 r/w 142 of Negotiable instruments Act. i had seen good companies just got closed due to cheque bounces only. The reason is government did not first appreciate the implication of making cheque bounces being brought under law of crimes; no short time measure can solve long time issues; in fact Negotiable instruments Act is essentially a civil issue;

if the same is brought under mediation and conciliation procedures several thousands of cases could have been settled; and there is no need of accused is sent to the jail for the petty issue of cheque bounce; to facilitate banks, the sec 138 was brought in by government, but implications became monstrous proportions besides chocking courts why even thing go to honorable Supreme courts.

Problem is ego who is bigger and the like that way issues snow balls into meaningless wastage of time as also affecting businesses of men of all kinds;

so law making is a very dangerous job ; you just cannot make a law at the drop a hat one need to realise is my view!

so it is all the

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dr g balakrishnan (advocate/counsel supreme court) 08 June 2014

We cannot make laws for every thing as new situations happen ; for every new situation you have to apply only sensible existing laws only. You cannot conceive what kin d of situations arise; Britain had a well contrived systems since King John when he was thrown out under Magna carta and as such could make out what each culture need a kind of socially acceptable legislation, as without society accepting no legislation would succeed, but only arbitrary law only would be in force that way monarchs were thrown out by any system; see Emperor of Japan in World War II did not sign the instrument of Surrender to Gen Mac Arthur after Hiroshima and Nagasaki bombing by allied forces; Gen Feller investigated the psyche of Japanese people, it was clear Japanese rather prefer to die rather than surrender in any serious conflicts of interest, and they respected the office of Emperor, like in England where even today Monarchy remains. Reason is people are devoted Emperor in Japan like in England to the Monarch however Titular it might be , people would not be bowing to any other office; so Emperor though was responsible to war as he even told the Japanese Generals they can trust Allied Forces and surrender, but Generals did not agree; when Emperor wanted broadcast t Japanese people his desire to surrender as he valued the peace as the best medium people can live in peace but Japanese Solders about 1000 or so even to bombard Emperor's palace and forced the war on Emperor being the fact though all evidences were destroyed by very Japanese soldiers, when General Mac Arthur as allied Commander asked Gen Feller for evidence General told this fact after his thorough investigation and he said none can ever be a victor of Japan, as the Japanese psyche as such, better accept not to seek any instrument of surrender;

Then, what happened General wanted Emperor to meet with him but that could not be possible at General Allied Forces Armed headquarters, per Gen. Fellers, Japanese representative with Gen. Fellers told him that the Emperor might agree to see Gen. Mac Arthur at his Camp house in General's personal capacity, that was agreed, the meeting held, General Mac Arthur asked him whp is responsible for war and who should be punished, Emperor Hirash*to told him he is responsible as the Emperor, none others.

Gen. Mac Arthur requested him how America should reconstruct Japan, as allied forces bombed Hirishima and Nagssaki which killed nothing less than 100,000 innocent Japanese people, the reconstruction was made possible;

Even War Crimes Tribunal exonerated Emperor and he died normally in 1989, every one knows;

Fact is devotion of people is vital to the Crown, though Emperor admitted that he was titular so Generals though obedient on paper but not the soldiers as they never wanted their Emperor be humbled, that is the doctrine of DEVOTION of Japanese; that earned respect all over the world for Japanese people is the indelible history; people could never be humbled as Emperor is People only; so such regard is there for Emperor of Japan;

Knesset cannot decide any issue on its own, unless assent of Emperor is obtained; what that means people are supreme in a Society;

that way any law is made people should accept FIRST through the office of Emperor and that way office of President anywhere is conceived where there is no Monarchy or Emperor is a vital fact of Natural justice, a power is concentrated in the Emperor or Monarch or King, however Titular his office might be;

Another factor none can assume the Kingship so it became hereditary not otherwise; the principle of Royal blood is the Crown would do no wrong to all the people under him;

Therefore, law making is a very arduous work as no MP or MLA can decide unless his or constituency is convinced that way constituencies all over world is conceived, as no MLA or MP on his own or her own could decide issues without volitional consent of people, but no democracy today does follow such principle or doctrine of Sovereignty is appreciated and as such we all pass through a lot of conflicts unsolved or resolved; hence more and more problems surface before a problem is solved as no solution is problem free as every solution conceived brings forth newer problems so a lot of experience of issues need to be studied not by a dry run but understanding the psyche... for eg.. cheque bounces what is happening more and more cheque bounces take place could we solve is to be examined is called great COMMON SENSE , no doubt common sense is UNCOMMON!