Stand up for your rights

Posts Tagged ‘indian divorce


justice

Problem Statements

  1. Lack of accountability increases arrogance and reduces quality of judgments.
  2. One single human error in making a judgement can cost several productive years of a common man.
  3. Lack of awareness about latest SC judgments of both lawyers and judges can cost several productive years of a common man.
  4. Placement of judges based on recommendations/influence (even from organizations abroad) is affecting the integrity of the system.
  5. Lawyers writing judgments denigrates and defeats the purpose!
  6. Lack of video recording and loud speakers makes litigants unaware of proceedings and subject to exploitation.
  7. Judges settling or help settle personal scores with litigants makes mockery of the system.
  8. Lack of analytical and philosophical skills produces only judgments not justice!

Solutions

To assure the public money is best spent and quality of judgement is maintained, there shall have a central body transparent to public capable of

a) Setting the standard procedure of hiring, maintenance of status and firing

i) Procedure for hiring shall include written test, aptitude test
and internship period

ii) After successful internship a status of “Judge” be given which

shall always be temporary.

iii)Periodic assessments/review shall be performed to maintain
the “Judge” status failing which they shall be put back into
the internship pool.

iv) The internship period salary shall be one fourth of active “Judges”

v) Firing shall be of those who lose “Judge” status more than 2 times
in their life time, and violates code of conduct which includes
but not limited to showing respect towards litigants and lawyers.

b) Setting standard procedure and panel for internal assessments/review of all judgements to ensure quality and eliminate biases

i) There shall be a profile of all those who are hired, maintained by
the central body, consisting of “Professional History”;
which includes, but not limited to, date of hire, status history,
attendance history, number of cases handled, duration of
each case, court name & address, links to judgments, whether
gone for appeal or not, salary info etc.

ii) All reviews and suggestions made by the panel should be published
online and shall come under the RTI act.

c) Video recording with audio and store all court proceedings; links of videos
be added to the corresponding “Professional History”.

d) Ensuring a minimum of 3 judge bench in all the courts including family courts,
lok adalat and tribunals.

e) Ensuring periodic workshops to reduce human biases, which shall be one
of the criteria for maintaining the “Judge” status.

i) Video record with sound and store all periodic workshops; links
of videos be added to the corresponding “Professional History”.

f) There shall be a standard process to address the grievances of public in
all of the above.

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Here is the big picture of divorce epidemic in the Indian sub-continent. Though the numbers may not seem alarming to western readers this is indeed a whopping number for Indians. If not checked immediately this is going to grow exponentially and will destroy the foundation of a great nation which has over 10000 years of continuous heritage to claim. Solution is simple… stick to the roots, be who you are…. stick to the principles; as opposed to being copycats.

Satyam vada (Speak the truth.)
Dharmam Chara (Practice righteous dharmam)
Ahimsa paramo dharmam (Non-violence greatest dharmam)
Satyameva jayathe (Truth alone Triumphs)
Matru Devo Bhava (Consider your Mother as a form of God)
Pitru Devo Bhava (Consider your Father as a form of God)
Athithi Devo Bhava Consider your Guests as a form of God)

India
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In less than a month after Justice Katju mentioned that 90% of Indians are idiots we have witnessed big demonstrations and violence in the name of “seeking” justice. I don’t think Katju was commenting about the IQ level of the people; he was pointing to the fact that how easy it is to trick the people using mass media. I do believe that majority of the masses do not have the time or interest in fact checking. They possess a strong belief that whatever media provides is ‘authentic’ truth. Apparently there is no reason to disagree that with a few exceptions. But the problem lies in ignoring the fact that, what media provides is only a portion of the truth. This is not intended to blame the media or discredit their work because like any other industry they are also working for profit. Most of them follow at least 60-40 ratio where 60% of the time/space is allocated for advertisements and 40% for news. So what we get is the “limited” amount of facts where that “limited” content will be the most sensationalised part of the facts.

Let us analyse the most recent incident. Well utilized RAPE in the recent history attempted to shed a great deal of light about that. What happened here is to cherry pick a real (read on and you will get why I said ‘real’) incident of rape and sensationalise it to the maximum possible extent so as to condition the thoughts of the masses to link to this incident when ever they hear about the word “RAPE”. It didn’t stop there; today one of the prominent malayalam news daily reported with the title “Increasing assaults; Only one fourth end up in conviction”. They also claim that India stands 3rd in the number of rapes with no mention about where that statistics come from. Here is what I found from UN International Statistics on Crime and Justice

regional

countryWise

Since people (most probably journalists too) do not spend time on fact checking they are not aware about the legal definition of rape neither they are aware of the proposed amendments in discussion. Those who are interested may read “Don’t make law against Rape – It’s our right”, says women! In Naom Chomsky’s words, this is Manufacturing Consent.

Well parented law abiding good citizens, having high level of values may question that why would anyone oppose a good intended amendment. Here is where the importance of fact checking matters the most. The report talks about 2,56,329 cases towards female assaults quoting National Crime Records Bureau statistics. Did they cheat you with the numbers… probably not.. Apparently, the numbers are slightly bigger as of 2011 reports

Category

Cases Reported


KIDNAPPING & ABDUCTION OF WOMEN & GIRLS

35565


MOLESTATION

42968


SEXUAL HARASSMENT

8570


CRUELTY BY HUSBAND AND RELATIVES

99135


IMPORTATION OF GIRLS

80


TOTAL CRIME AGAINST WOMEN (IPC+SLL)

228650


RAPE

24206


DOWRY DEATHS

8618

Total

261474

That much shows the numbers and categories. I haven’t made my point yet and that is to expose the truth that everybody knows. Yes, I mean it; everybody knows why the conviction rate is very less. Here is how…

Kidnapping and abduction of women and girls – Most of the cases that falls under this category are filed by relatives of women/girls who have made their own conscious decision to live with someone whom they chose as life partners. When relatives do not like that relationship or when they are unable to locate the missing woman/girl, they will file the case. Few days later after the marriage registration is done the couple show up but the case remains at the same state waiting for the legal process to complete.

A great deal of abduction cases are filed against fathers if the relationship is entangled in a divorce battle. This is done as way to take personal revenge or to ensure a bigger ‘settlement’ amount for the mother.

Molestation – It will be hard to finda kidnapping/abduction of women/girls FIR where there is no molestation charge in it. Does that warrant any explanation why someone kidnap or abduct a girl/woman? Again this is a divorce weapon widely used against fathers. I’ve first hand information from an NRI who is facing this charge for “molesting” his 2 year old daughter as part of his divorce battle!!!

Sexual Harassment – This is simply a made up category that comes under the penal provision “Outraging the modesty of a woman”. It is usually unable to prove unless there are multiple witnesses. But in those cases that i’ve reliable source of information, such a case is reported only when there are witnesses; in other words, when a normal human intimate relationship is witnessed by others, it becomes a sexual harassment case against the male partner in order to save the “modesty of a woman”.

Cruelty by husband and relatives – Up until the middle of the first decade of this century when men started organizing themselves against the bogus complaints and legal harassment this section was considered to be a widely accepted form of “cruelty”. Thanks to thousands of TV serials, movies and several hundred kilometers worth media columns of articles. The relentless efforts of men’s group and the studies they conducted exposed the startling truth that only 1.9% of cases in this category end up in conviction. More information is available in the book “Equality for Men – Myth or Reality” freely downloadable from www.internationalmensday.in

Rape – This is the most notorious crime that can ever happen to a woman. That is a general opinion until you go and do a study on the legal definition of rape. Recently Pune police reported that 74% of the cases that they deal with are consensual sex! Even though this comes from a crooked political party I was not surprised about what this leader said, 90 percent rape cases in Haryana are consensual sex, says Congress leader.

Dowry Death – Here i’m not commenting my thoughts but just copying what Delhi High Court chief justice Shiv Narayan Dingra mentioned while acquitting a mother in law from dowry death charges in Rani Vs The State of NCT of Delhi

Charges seemed to have been framed in a mechanical manner. No effort is seem to have been made by the Trial Judge either at the time of framing charge or later on as to what offence was made out.

  1. Every suicide after marriage cannot be presumed to be a suicide due to dowry demand. The tendency of the Court should not be that since a young bride has died after marriage, now somebody must be held culprit and the noose must be made to fit some neck.

I have intentionally left out one category just because of the low number of cases and the likely hood of bogus cases are nil or minimal. If you have read the links mentioned above and double checked with other available sources of information you will see a big disconnect between what you see in corporate media and the reality. The figures shown and the arguments made by the malayalam daily were not untrue but when we know more about the factual truth it doesn’t add up. May be because the journalists are not subject matter experts or they are not given enough time to do proper analysis or they are not given enough space to cover the whole story, but either way readers/viewers are screwed. Still some questions remain unanswered

If number of reported cases are the indication of rise in crime as opposed to convictions, why do we need to spend crores of rupees in running courts and law enforcements? We could directly file the complaint in jail and they can put the accused in jail with no due process of law. So, are the crime rate increasing or the rate of false and bogus complaints increasing? How are we going to ensure justice for falsely accused? Don’t they deserve the right to live with dignity just because a tiny minority of people commit violent crimes?

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Folks, this is not a forecast, but real data based on studies and reports from the 100% feminized United States of America. Hope this  would be a great eye opener for those who get duped by the ideas that feminazis sell to you as “progressive”. This is an information age, and those who are uninformed are a serious national threat. Read on and do your own analysis.

    1. The United States has the highest divorce rate on the globe by a wide margin.  This is ripping millions of families with children to shreds.
    2. Without solid family units, more kids than ever are joining gangs.  Today, there are approximately 1.4 million gang members living inside the United States.  That number has risen by 40 percent just since 2009.
    3. There are more than 3 million reports of child abuse in the United States every single year.
    4. If you can believe it, an average of five children die as a result of child abuse in the United States every single day.
    5. Sadly, the United States actually has the highest child abuse death rate on the entire globe.
    6. Approximately 20 percent of all child sexual abuse victims are under the age of 8.
    7. In the United States today, it is estimated that one out of every four girls is sexually abused before they become adults.
    8. According to researchers, convicted rapists in the United States report that two-thirds of their victims were under 18, and among those cases 58% said that their victims were 12 years old or younger.
    9. Approximately 42 percent of all single mothers in the United States are on food stamps.
    10. Law enforcement officials estimate that about 600,000 Americans and about 65,000 Canadians are trading dirty child pictures online.
    11. An astounding 30 percent of all Internet traffic now goes to pornography websites, and the U.S. producesmore pornography than any other nation has in the history of the world.
    12. In the United States today, 47 percent of all high school students have had sex.
    13. One out of every four teen girls in the United States now has an STD.
    14. The United States has the highest teen pregnancy rate on the entire planet by a wide margin.
    15. One survey found that one out of every five teen girls actually wants to be a teen mom.

NB:- Please share it with as many people as possible

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Amir Khan as usual came up with his half truth and false alarm. This time its about Domestic Violence; against women. The most sellable story in the modern times. I’m not totally denying violence against women. I’m already getting enough hate comments saying that I’m a women hater, I’m spitting out American thoughts, so on and so forth. Let me make it clear, those who make those comments completely failed to understand what I’m talking about. I would recommend them to go over the about page and get more insight. All I’m trying to do is to show the world that there exists one more side for the coin! Total denial is total foolishness.

Everyday we read the news of violence by wife against husband. The latest one is the murder of husband by a doctor. http://www.ndtv.com/article/cities/doctor-kills-husband-for-demanding-sex-claims-police-232854 . See the side bar for more such news. Mr Amir Khan, did you get a chance to look at the suicide statistics? Why is it that the number of suicides of married men are twice as much as married women? Why is government of India and especially woman’s rights advocates knee jerking to make Domestic Violence Act gender neutral? Are they so sure that more women will go to jail if protection of this Act is extended to men?

There are four women protection bills pending in the parliament at present.

  1. Amendment of 498a as ordered by Supreme Court of India due to patented misuse.
  2. Sexual harassment at workplace. (with no protection for men and provisions for easy misuse)
  3. Marriage law amendment. (to destroy family system and reduce population)
  4. 33% reservation of women in parliament (to undermine the constitution and uproot democracy)

Amir, you should be a contractor hired to condition the public mindset to pass all or some of the above listed laws. This is nothing but false alarm and fear mongering. Your propaganda may work on those people who do not have access to internet.

Patriachy has done no good for men; it only dumped more burden on men. More over, history says most part of India were matrilineal. It is only during the foreign invasion that all women find shelter behind men. If a tiny minority of men are abusive to women, that doesn’t grant you the right to paint every men with the same brush Mr, Khan.

Till date, feminists have been used as hunting dogs. The real hunter is waiting behind the scenes for the prey to be tired and easy to capture. In the history of humanity, regardless of the culture and creed, what we have seen is that all the documented civilizations were designed to protect and provide women not men. This kind of conscious attempt to dupe and turn women against men and vice versa has started exactly 20 years ago as part of United Nations resolution, Agenda 21.

Those who do not know what that is may watch this

What they have found is that, a strong foundation of family system is the root cause of “explosive” population. They found it as a threat to their own imperial power structure. Action plans were architected and is being executed to safeguard their position and to make the 3rd world remain 3rd or even 4rth! Some people have mistakenly call it women empowerment. The key purpose is to destroy all sorts of mutual support systems like family religion and so forth, by the people themselves!!!. How is this done? See what former KGB agent is saying.

KGB Psychological Warfare and Subversion Strategy

Destroying a country –

    –> Demoralization

            –> Destabilization

                –> Crisis

                    –> Civil War or Invasion

                        –> Normalization

He suggests solutions..

    – Stop importing propaganda

    – Restrict foreign TV

    – Self restrain

    – etc etc watch and learn…

He slams women’s lib and all kinda libs

He talks a lot about India

1hr 3mts

Once these mutual support systems are dismantled it will be easy to shift the role of protector and provider over to the BIG BROTHER; the government. This is exactly what happened in the west. Now American’s are asked to implant RFID chip in their forearm if they want to avail food stamps. Next will be social security benefits and that will cover the entire population!!!

 “The ideal tyranny is that which is ignorantly self-administered by its victims. The most perfect slaves are, therefore, those which blissfully and unawaredly enslave themselves.” – Dresden James

New World Order operative’s plan to destroy the foundation of our nation is working out pretty well.

Morons in India are applauding it as women empowerment.

Who is the single largest sponsor of feminism? Rockefeller Foundation…

Where is UN head office sitting? On Rockefeller’s property (though donated)…

Who is running ICICI bank? The Rockefellers…

Who is running Council on Foreign Relations (CFR)? The Rockefellers…

Who wants to implant RFID chip on every human being on earth? The Rockefellers…

Who is Rothchild’s puppet? The Rockefellers…

Who wants to introduce Aadhaar/UID in India… THE BANKS…..

Who is the the Father of RBI? Lord Rothchilds….

Who is the financial advisory of Govt of India? The Rothchilds

Read “Is boy preference a brain product of CFR” and learn more.

Agree that women face violence at home; but is that only women who face violence at home? One in two women? Really? C’mone Amir, are you kidding? Based on your theory one of your two wives, Reena or Kiran, should have faced violence from you. Are you ready to accept that and go to jail? Or are you ready to correct and apologize to all the viewers that you deceived?

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First of all, I would like to show my sincere gratitude to all of them who supported this cause and spent their valuable time to sign the online petition. Even though the press complaints council website says that they do not entertain third party complaint, it is the success of our collective effort to be able to become a silent party in the case. I’m glad to let you know that Dr. Kalind took the SIF inoculation for the feminazi virus and jumped into this fight with all the vigor and spirit, as any person having the sense of justice would’ve obviously done. Here is the entire communication thread for your reference… (in continuation of original complaint) I hope this may help you in your future fight against MISANDRY

[PCC]

Thank you for your email.

Having conducted a search for the article in question, it appears that it is no longer available on the newspaper’s website.  I would be grateful to know whether you are happy for us to close your complaint on this basis?

[prassoon]

I sincerely believe that the damage has already been made, after having the article exposed to the public for over a week. Now the question that I set forth before the honorable Press Complaints Council is to decide whether or not to take any action against the wrong doers, if it believe so, so as to prevent such mistakes in the future.

Hence, with all due respect, let me express my unwillingness to close the complaint; and also I would like to take this opportunity to let the council know how eager I am, to hear the verdict.

[PCC]

Thank you for sending the attachment. For the avoidance of any doubt, can you confirm your connection to the story.

[prassoon]

Thanks a lot. I am a reader who got fooled by the article.

[PCC]

Thank you for clarifying your position.

The concerns you have raised relate directly to Kaveri Kapoor Parashar and Kaling Parashar, the subjects of the story. Given the nature of the story – which relates to the circumstances of their marriage and significant allegations of abuse by Mrs Parashar – it appears that it would be difficult for the Commission to investigate or understand this matter fully without the involvement of one of the parties. In addition, the outcome of a Commission investigation (whether correction, apology or adjudication, for example) would need the approval of the relevant party. In such circumstances, we would generally require a complaint from Mr or Mrs Parashar, or a representative, in order to take the matter forward.

However, if you believe that there are exceptional public interest reasons for the Commission to proceed with an independent complaint under the circumstances, we would be grateful to hear from you in the next ten days.

Once we have heard from you, the Commission will be asked whether it wishes to take the complaint forward. If you would like to discuss your case before replying please do contact us.  If we hear no more from you we will close our file on the matter.

If, at the end of the process, you are dissatisfied with the manner in which your complaint has been handled, you should write within one month to the Independent Reviewer who will investigate the matter and report any findings and recommendations to the Commission. For further details please use the following link:

http://www.pcc.org.uk/about/whoswho/independentreview.html

[prassoon]

I understand the limitations of the Commission and the practical difficulties of handling international disputes. My sincere gratitude for giving me an opportunity to provide further deliberation. In my humble attempt to show the exceptional public interest in the said news article I would like to submit before the Commission the following reports

I strongly believe, the widespread misandry and glamorization of false allegations without even giving a tiny bit of benefit of doubt, result in war against spouses. Irresponsibly written news articles like this, upon which the complaint is filed, amplifies baseless allegations even before a just and fair investigation is completed, generates gender hatred on a mass scale; most of those become a prime reason for skyrocketing suicides. By acting promptly with a complaint and pulling down the news article, may be I have saved one life, may be more.

Inviting public support towards this cause, I have posted an online petition showing the questions that I’m raising before the PCC. Please find this online petition signatures here http://www.change.org/petitions/demanding-stringen-action-against-misandrist-neethu-chandra-daily-mail-press-complaints-council-uk-please-take-action .

I pray before the Press Complaints Commission to consider this petition as having exceptional public interest based on the overwhelming public support, and also by taking into account of around 11,54,000 suicides.

NB: If any of the urls are not working or not readable or if the Commission wish to get anymore details on any of the matter submitted by far, given a chance, I will be more than happy to address that.

[PCC]

Thank you for your further submission.

The Commission has now received a complaint about the article from one of the first parties to the matter and is investigating it with the newspaper.

Nonetheless, thank you for raising the matter with the Commission.

[prassoon]

Thank you Sir. Sorry to bother you with questions…. Does that mean my petition is dismissed or clubbed together?

[PCC]

Thank you for your email. We are investigating this with the party involved, so we will not be investigating your complaint separately, but we will endeavour to inform you of the outcome if possible. As you will understand, for reasons of confidentiality this is not always possible.

 

 

June 26, 2012 – Here is the final update: http://www.pcc.org.uk/case/resolved.html?article=Nzg5Mg==

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“How much will this lawyer charge me?” This is the question that arises in the mind of every litigant, more than the questions about their original problem that took them to the lawyer. How many litigants got it answered before signing the ‘vakalathnama’? “None”, would be too hypothetical; a much more realistic answer is ‘to my knowledge, NONE’.

 

This article is an attempt to give you ‘some’ idea (I’m not a lawyer but I will try to get you as much information as possible) in this context. Act 25 of 1961 was introduced in the parliament to consolidate all the existing Acts related to judicial administration. This bill repealed Legal Practitioners Act, 1879, Bombay Pleaders Act 1920, the Indian Bar Council Act, 1926 and brought in The Advocates Act, 1961. For the purpose of the subject matter concerned, we will be interested in “Bar Council of India”, which, as per section 2(e) means, the Bar Council constituted under Section 4 for the territories to which this Act extends. The details of various bar councils are defined in the Act; precisely, there will be one Bar Council of India and under that there will be several State Bar Councils. Some of the States and union territories are clubbed together under one bar council. So if you interested in specifics, you may please check the Act itself.

 

As a litigant, it is nice to note that this is not just a council of members; as per section 42 of the Act, the disciplinary committee of the Bar Council shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908. All proceedings before a disciplinary committee of a Bar Council shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (45 of 1860), and every such disciplinary committee shall be deemed to be a civil court for the purpose of sections 480, 482 and 485 of Code of Criminal Procedure, 1898 (5 of 1898).

 

Power to make rules– Sec.34 gives High Court the power to make rules; Sec 49 gives general power to Bar Council of India to make rules; Sec 49A gives Central government the power to make rules. We are interested in Sec 34(1A) – The High Court shall make rules for fixing and regulating by taxation or otherwise the fees payable as costs by any party in respect of the fees of his adversary’s advocate upon all proceedings in the High Court or in any Court subordinate thereto.

 

I’m quoting THE BAR COUNCIL OF KERALA, RULES 1979 here, for explanation; and only relevant points are mentioned here without going into the nitty-gritty. Readers from other parts of India may check out their own state’s rule.

 

RULES REGARDING FEES PAYABLE TO ADVOCATES

 

In exercise of the powers under Article 225 and 227 of the Constitution of India and of all other powers thereunto enabling and with the previous approval of the Governor of Kerala conveyed in G.O(MS) 60/69/Home, dated 7th February,

1969 the High Court of Kerala frames the following rules regarding the fees allowable to legal practitioners in the High court and in the Subordinate Courts, in super session of all the existing rules in the matter.

 

Please note that for the purposes of these rules the term ‘advocate’ includes a vakil or pleader authorized to practice before civil courts.

 

Scale of fees: – Section 6 says, in suits for money effect or other personal property or for land or other immovable property of any description, fees shall be payable on the following scale:-

(1) Small cause suits – at 7½% of the claim subject to a minimum of Rs.25

(2) Original suits-

(i) If the amount or value of the claim does not exceed Rs.5, 000/-

at *(12½%) subject to a minimum of Rs.50

(ii) If the amount or value exceeds Rs.5,000 but does not exceed

Rs.20,000 on Rs.5,000 as above and on the remainder at *(7 ½%).

(iii) If the amount or value exceeds Rs.20,000 but does not exceed

Rs.50,000 on Rs.20,000 as above and on the remainder at 3%

(iv) If the amount or value exceeds Rs.50,000 on Rs.50,000 as above and on the remainder at 1%

Provided that when a suit is compromised, settled or withdrawn, or is decided solely on the admission of the parties without any investigation or is decided exparte or dismissed for default before any evidence is recorded, the fee payable shall be one half of the scheduled rate or Rs.25 in the case of Small Cause Suits and *(Rs.100) in the case of Original Suits, whichever is higher.

 

Section 7 says,

in appeals for money, effects or other personal property, or for and or other immovable property, the fee payable shall be as calculated under Rules 6(2) subject to a minimum of Rs.50; but when such appeals are settled, withdrawn, compromised or dismissed for default, one half of the fee calculated as above, subject to a minimum of Rs.50 shall alone be payable.

 

All other sections talk about how much to pay at various stages, say, at the time of petition, declaration suits, inter-pleader suits, execution of decree so on and so forth which doesn’t carry a fees of over Rs.2000/- at any point. But, the last section (37) says as below…

 

37. Nothing in these rules shall be deemed to affect any agreement between an advocate and his client regarding fees.

 

Some people might go mad over this. There are already suggestions pending before the parliament asking to set a ceiling for the amount that can be charged by an advocate. I personally do not want any restrictions, per se, as long as the fees are decided by the market. What I mean is, allowing unions to decide the fees is not acceptable at all. Fees should be set by the MARKET – Demand and Supply.

 

I believe, as any other professionals, advocates should also have the liberty to set the fees for their labour. It is not fair to set a fixed salary for anyone who is not getting paid out of tax money. Can we fix the price of a driver, painter, doctor, engineer or software professional? Absolutely not! But, on the other hand there should definitely be some rules to let the litigants know upfront how costly the lawyer that s/he is going to hire. If there exists any such rule that I’m not aware of, please bring that up. Your comments and suggestions are most welcome. Let’s work together to get this done, for the benefit of present and future litigants.

[Updated on Nov 19, 2014] Here is the latest amended rule. Basically, you may add 100 to 500% to the figures mentioned above. http://www.egazette.kerala.gov.in/pdf/2012/25/Part_3/Judicial.pdf


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