April 29, 2012

80% Civil Court Cases can be REDUCED by Minor change in Contract Act.

Unfortunately, we are living in country of 1.21 billion ill-informed people. Justice Katju said 90% of us are fools. We thought he was insulting us. (Actually, he was trying to tell us that 90% of us (including intellectuals and media people) need training lessons in Critical Thinking skill).

Here I want to say that 80% civil litigation can be reduced by making a minor change in Contract Act.

Before that I wish to say Three Things: (Please understand seriousness of next Three Statements)

1) In this country, there are thousands of provision of law which have become outdated and obsolete. No one bothers to abolish and repeal them. In a previous blog, I have given example of Sec.166 of Evidence Act relating to powers of Jury. Jury system abolished more than 40 years ago. But till now, no one has time to repeal this section.There are thousands of such obsolete provisions in law books.

2) No one in this country knows, how and why and at whose instance certain laws are being passed. No one seeks opinion of Supreme Court or any other Judicial bodies before passing any law.

3) Now, this third is a little harsh statement. It may hurt some good people. With due apology to them, I have to say this. "LAW COMMISSION OF INDIA is a FAKE BODY".  Just request its Chairman and members to come live on any TV Channel and explain to people what they are doing and what are they supposed to do, apart from taking salaries and perks. I will be glad if my perception is proved wrong.

Now Why I say that 80% Civil Cases can be reduced by making a minor change in Contract Act.

In India, Oral Contracts are permissible. People can go to court and file suits by saying that some person ORALLY told me such and such thing now he is not keeping his ORAL promise. 

In other countries, situation is different. Only Written and Signed agreements are valid. If you want to go to court, you must have written and signed agreement of whatever you want to allege. 

Once such a change is made, people will become more clear in their dealings. 80% civil litigation can be reduced. (This is my perception.)

This issue can be explored in detail. But for you to understand my point, I think this much is enough.

Haresh Raichura
29/4/2012