If a Judge who is expert in criminal law, is asked to decided cases involving Business Law, he is bound to kill business. In fact, many businesses are killed by Judges. Since we do not have proper critics of laws and judgements, such killings are never brought to notice of Supreme Court.
Before, I joined law, I was in Limestone extracting and supplying business. Here is how I used to do business. I will by goods worth Rs. 1 lakh on credit for two months. I promise seller to pay him in two months. Then I will sell these goods for Rs.1.25 lakh to another person on One Month credit. He has to pay me in one month.
He will pay me 1.25 in one month. And out of this, I will pay Rs.1 Lakh to person from whom I had purchased on two months credit. This is how BUSINESS GOES. This is how millions of people in country are doing business.
A Business is Always Full of Uncertainties. Once in a year, something goes wrong. The person to whom I have sold is unable to pay in time. Consequently, I am not able to pay to person from whom I have purchased.
The Judges look upon these businessmen as if They Are All CRIMINALS. Cases are filed under IPC. Sec. 420. Cases are Filed under cheque dishonour cases under Sec.138 of NI Act. Many business and businessmen are ruined because of this outlook. In fact, Banks have started filing Police Cases to recover dues of Secured Loans by mortgage of property. It is now so easy to kill a genuine businessman through process of criminal law.
The Judges just refuse to look beyond provisions of law. In fact, the provisions of laws are not to be upheld, it is the meaning of these provisions which are required to be upheld. In my view, very few judges in country try to understand difference between the two. ( In fact even I do not know difference between the two!)
The Business is like blood flowing in the veins of country. Prosperity is brought by Business and Industry.
I think we need more judges who are expert in Business Laws.
Haresh Raichura
01,May,2012
Before, I joined law, I was in Limestone extracting and supplying business. Here is how I used to do business. I will by goods worth Rs. 1 lakh on credit for two months. I promise seller to pay him in two months. Then I will sell these goods for Rs.1.25 lakh to another person on One Month credit. He has to pay me in one month.
He will pay me 1.25 in one month. And out of this, I will pay Rs.1 Lakh to person from whom I had purchased on two months credit. This is how BUSINESS GOES. This is how millions of people in country are doing business.
A Business is Always Full of Uncertainties. Once in a year, something goes wrong. The person to whom I have sold is unable to pay in time. Consequently, I am not able to pay to person from whom I have purchased.
The Judges look upon these businessmen as if They Are All CRIMINALS. Cases are filed under IPC. Sec. 420. Cases are Filed under cheque dishonour cases under Sec.138 of NI Act. Many business and businessmen are ruined because of this outlook. In fact, Banks have started filing Police Cases to recover dues of Secured Loans by mortgage of property. It is now so easy to kill a genuine businessman through process of criminal law.
The Judges just refuse to look beyond provisions of law. In fact, the provisions of laws are not to be upheld, it is the meaning of these provisions which are required to be upheld. In my view, very few judges in country try to understand difference between the two. ( In fact even I do not know difference between the two!)
The Business is like blood flowing in the veins of country. Prosperity is brought by Business and Industry.
I think we need more judges who are expert in Business Laws.
Haresh Raichura
01,May,2012
