Description
Despite a considerable increase in cases resolved through compromise, fresh disputes among the same parties persistently overwhelm the Indian Courts. The courts are flooded with executions, contempt proceedings, ands recall applications moved by the parties who once entered into a mutual compromise. The satisfaction anticipated from outside settlement quickly dissipates once the resolution is formally concluded. This phenomenon suggests that unexpressed emotions and unfulfilled desires do not simply vanish; they resurface in more troubling and disruptive ways if buried alive.
Is our approach to the alternative dispute resolution system heading towards the right track? It is undeniable that a fundamental disparity exists between the approach and implementation of the modern ADR mechanism in our country and that of the Western World.
The book talks about history/ approach/flaws of the Alternative Dispute Resolution system and how it is being misused by judiciary and legislature both.
The book contains real life instances where how these ADR agencies manipulate figures and judges misuse the provision and how litigants continue to suffer endlessly.
Regards
About The Author
This book does not come from a lawyer who lacks lawsuits in plentitude or has leisure at his disposal. Neither does the writing emerge from the pen of a retired senior lawyer, cushioned in sizable earnings, who can now challenge the majesty of the judges. Nor are these words a figment of the imagination of an attorney who harbors prejudice towards verdicts rendered in the court of law.
This is not the vent of a retired, district level judge who has had no landmark judicial pronouncements under his belt, but only stories of his statistical achievements in Lok Adalat. The book does not map the ire of a retired Supreme Court Justice who realizes in retrospect that he could have gone wrong in adjudicating over his own case pertaining to sexual harassment.
Instead, the book is by a practicing advocate with the High Court of Uttarakhand. Coming of a reputed family that has been serving the cause of justice for three generations.
The bulwark patriarch, Shri. B. L. Sethi, was a Senior Frontline Advocate in North-West Frontier Province (now in Pakistan). The paternal offshoots in Shri. K. L. Sethi and Shri. M. L. Sethi, were renowned civil lawyers in Dehradun, Uttarakhand.
The flag bearer of the second generation, Shri. Jagmohan Sethi, a lawyer by education, and by passion a decorated political journalist of the state of Uttarakhand, earned his prized equity by working with the doyen of investigative journalism, Rustom Khurshedji Karanjia of ‘Blitz’. Perhaps it is his courage as anti-establishment journalist, and my father, that has lent its ferocity to me. I blame my genes for my inborn strength and prowess to wield arguments, and win.
My counterparts, seniors, and juniors have always nurtured a deep dislike for me. But the Honourable judges have been benign, in view of my strong grip on my subject, and ability to decode the tenets of law for effective redressal for the public.
Some of the views expressed in my book may inspire sudden allergies ….





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