- This topic has 44 replies, 35 voices, and was last updated 1 year, 3 months ago by
.
-
Posts
-
-
UI often see on twitter or in Google news or in movies that people over there in US sue the company or state department if something happens to them. A girl broke her legs so she sued the transport administration for that. And people always talk like they have a lawyer in their backpack over there. It’s so interesting to me.
But the same culture is not there in India. Here people die and still their families don’t sue the company or dept lol.
-
UIndia has far bigger challenges to tackle, like overpopulation and poverty. Lawsuits aren’t a priority when basic survival is the main concern.
-
UI mean it’s not like poverty and overpopulation is being effectively prevented either, so might as well file a few law suits lol
-
-
-
UWhat do you expect from a country whose
1. SC judges goes to Rajya Sabha after giving a favourable verdict to the Majority
2. SC judges invites for Ganesh Pooja to the sitting PM
3. SC judge did not take an action on a Presiding Officer for forging a Mayor Election of ChandigarhLaw is unequal here.and you need money to have it in your favour.
-
PIf you sue government department or officers, your mouth with get sewn and your body dumped in a river. Average time a case takes in India is around 7 years.
-
USocial media ki bato ko mat bolo. Have you ever been to court ever? Do you know that 8 out 10 cases in court are filed against govt departments and officers. Dont vomit hearsay things here.
-
-
-
UNo he is not just saying it’s useless… he saying that you will get killed and thrown in river if you file case against government.. this is the thing I objected
-
-
-
-
-
-
KOn average, civil cases take 13 years to resolve due to a severe backlog of cases, insufficient judges, and systemic inefficiencies. And if the defense wants, the case can go forever
-
-
DThe amount of money that the government spends against private citizens in India is insane. In the US most compensation cases are % of compensation to the lawyers, while in India most top lawyers charge per appearance. Most top lawyers wont appear for common man in a low profile case.
-
KThere are shady lawyers living by suing in India too. Watch the movie “Mukundan Unni Associates”. It’s in Malayalam, but available with subtitles and also in some other languages
-
-
Dthat’s because legally and ethically a lawyer cannot charge % of the compensation they have to charge their fees.
-
-
-
-
SThere’s a very recent Supreme Court ruling on the matter of the public suing government officers. In essence, the order states that such officials cannot be prosecuted without prior sanction for a matter that was conducted while the official was discharging their duty. This sanction is needed for a cognizable offense.
This ruling does not necessarily imply that government (public) officials cannot be sued. People can file suits but prosecution cannot proceed without a sanction or agreement.
It is likely the ruling was made to shield frivolous lawsuits against officials who were lawfully discharging their duties. But for unlawful actions, the public can seek to obtain sanction first before filing for prosecution.
-
UYep, and moreover if you’re filing an FIR under BNSS, 2023 on any public officials the police officer must get an account of the case from the higher authority of the public official to ensure that frivolous cases are not being filed and there is prima facie evidence present in the matter to proceed further. This partial immunity they get through their higher ups is enough in a country like India to manipulate the cases being filed.
-
-
-
-
-
-
-
HWow.. seeing the responses here probably no real advocate is replying to this. For those who are not aware, more than 50% of all cases in India involve the Government or government owned companies. It is not that people don’t file cases against the Government. It is just that media never shows it. Your source of information is twitter, media or movies, which do not paint the correct picture.
Also, you are wrong about people dying and their family not suing. The fact of the matter is that they don’t even need to sue anyone. If someone dies in India while working in any Company or is seriously injured, then compensation is paid immediately. Just go to labour court and see. Cases where compensation is delayed most likely involve different legal heirs fighting over who will get the compensation (it will be deposited in court till the fight goes on. Company has to immediately pay irrespective).
The problem regarding lawyers is that in foreign countries it is very difficult to become a lawyer. The law college as well as bar exam are very difficult, and so only good lawyers come out of their system. Even they have to pay a lot for lawyer, but it is guaranteed that the lawyer will be good. In India, it is difficult to fail law exams and bar exam is an open book test. Literally anyone can become a lawyer and that is why India has a mix of good lawyers as well as frauds who don’t know anything and will only scam you.
-
-
-
-
-
-
-
-
-
SNo judge even in the Supreme Court, ever goes against the government. Those High Court judges who go against the government, like Justice Murlidhar, are transferred and not elevated by the collegium, if they are recommended by the collegium then their recommendations is delayed by the government. The supreme court is like a lion when a weak government is in power and like a house cat when a government with full majority in power. Even with a weak government judges look out for themselves as they want post retirement benefits like chairmanship of a tribunal.
-
-
RThe Constitution of US speaks volumes about Personal Liberty and Freedom of its Citizens.This encompasses lots Of privacy to their Citizens. Hence for example if a cop stops a motorist you can see the kind of conversation both of them have. He will openly challenge the cop in refusing to tell His name or even answer any of His questions. People are well aware of their Rights. But in our Constitution there is no scope for Sueing or Filing Defamation etc. It’s only on papers.
-
Dwell in US specifically, the lawyers/law firm are allowed to take their fees from the compensation or reward that you would receive, so when you have a suit for damages , most lawyers would approach you and help you file a case in lieu of the % of the compensation if received and not charge you at all if you dont receive one, so it makes it easier for them to approach the court.
Further, when you file suit for damages in india, you have to give crt that if about certain amount of the amount asked for, usually upto 5-8%, which also dissuades people from filing the case.
also delay in cases doesn’t help, however, with commercial courts act, there has been an attempt to get don with cases.
-
-
-
