Friday, April 17, 2015

Civil litigation - Sharing experiences and seeking feedback and help

Since Aug 2009, I am having experience in a civil litigation with respect to a property located in Sri Prabhupada Township, Masjidbanda, Kondapur Village, Serilingampally, Hyderabad-500084.

To start with, I have handed over my case to an advocate, but later on I am defending my case as Party-in- person. In this regard, on some of the subjects many people do not have clarity. Those topics, I would like to open up discussion and to seek opinions.

What ever legal opinions I am taking, they are proved to be wrong by the court judgments.

Hence it is necessary to understand (i) the difference between Legal opinion and Wise opinion, It is also necessary to under stand (ii) What is Contempt of Court and what is not Contempt of Court, last but not the least to understand  (iii) whether to defend your case in the courts or to give up in the first place.

My understanding is as follows.

(1) Wise opinion is superior which primarily takes into account today's justice delivery system in india and advises you appropriately.

(2) Quite often, recently, we hear from the Judges, that for various reasons the justice delivery system is becoming weaker in this country.  When Justice delivery system is becoming weaker, logically there would be comments on the courts functioning, if freedom of speech is truely exercised.  The law/judgments should bring more clarity on what is contempt of courts and what is not. Especially, legal fraternity should not threaten common man under the guise of contempt of court.

(3) See your opponent, if it is genuine claim by genuine individual/s fight legally, if this aspect is missing, never fight/defend yourselves because it would be endless fight with all surprises and not as per the legal opinions. It also causes inconvenience/hardship to other genuine litigants as too many cases piled up in courts. We are living in a society which is mainly running on a good faith not run by law enforcement. It is upto the courts whether they go soft or harsh with people coming to courts with basis which is prepared fraudulently.

Please visit my website www.prabhupadatownship.co.in

I request experts to respond with their opinions on the above topics.