laws needs to be amended.

Honorable Minister of Law,

4^th floor, ‘A’ Wing, Shastri Bhawan,

New Delhi.

Sub; Suggestions for early disposal of Court Cases.

Dear Sir,

Problems;

On account of delays People have lost faith in Courts leading to anarchism where only the corrupt and connected take the benefit and honesty suffers.

Solution;

1.     All cases to first filed before mediation cells/pre hearing and only upon their certificate should cases be listed before regular courts.

2.     Amendment of Section 138 of Negotiable Instruments Act

Post dated cheques be excluded as they are not for payment of existing debt.

3.     Amendment of Hindu Marriage Act to incorporate validity of pre nuptial contract. Muslims have no marriage disputes regarding maintenance or dowry on account of “mehar”. Hence in cases relating to maintenance u/s 24-25 HMA, pre nuptial contract should be allowed as legal alongwith 10% annual increase from date of contract to date of payment.

b)     Separate chapter be added “Rights and duties of husband and wife”

c)     All gifts given to either party be compulsorily written down and witnessed by both sides including one person of eminence or a lawyer. no gifts to girl or boy of jewelry and clothes by either side. All common expenses to be shared 50:50.

4.     Amendment of Rent Act;  In case of personal necessity, If landlord gives bank guarantee of an amount of 20% of collectorate value of property under tenancy or 5 years market rent accompanied by an undertaking that he will not change possession of property for ten years, he should get instant order of possession in his favor and in case he violates his undertaking than bank guarantee be encashed in favor of ex-tenant or property be sold and 20% be given to ex-tenant.  6 months be given to tenant to vacate property. Undertaking is treated as statutory charge on property with corresponding entry in revenue records.

Date; 25.04.2013                          KD Aggarwal

                                                  Advocate.