Contempt, Disobedience or Disregard of Supreme Court orders ought to be punished more frequently

Orders of Supreme Court are binding on all authorities of India.

It is contempt to disobey or to disregard orders of Supreme Court.

But if people are not punished for disobedience, the disobedience is bound to happen.

Today's TOI news report about halting of work in various information commissions on pretext of some order of Supreme Court is disturbing.

Most probably, some people are responsible for misinterpreting orders of Supreme Court. The mess may be cleared by SC by passing further clarificatory orders.

But it is desired that Supreme Court orders are respected and obeyed by authorities.

It is upto Supreme Court to see that it's orders command respect.

Haresh Raichura
30/9/2012

Bad Laws of India: Husbands suffer for Lack of Clarity in Sec. 125 for maintenance of wife?

Because of peculiar circumstances in India, law is biased in favor of women.

There is lack of clarity in law relating to maintenance of wife under Sec.125 of Code of Criminal Procedure.

Husbands suffer because of lack of clarity by courts in provisions regarding maintenance.

Sec.125 provides for maintenance of wife 1) Who is unable to maintain herself 2) And who is wrongly deserted by husband 3) Section does not speak about any criteria for fixing maintenance.

A wife who is double graduate can easily get a job if deserted by husband. Can she be called "A wife unable to maintain herself"?

In my view she has no right to invoke criminal proceedings under Sec.125. She has to file civil suit for fixing her maintenance. I think Supreme Court law is vague on this issue.

We only hope that some day Supreme Court will clarify difference between Civil law of maintenance and Criminal Law of maintenance under Sec. 125

Haresh Raichura
29/9/2012

A good High Court Judge should not inflict Pillory Punishment on advocates appearing before him

It is settled law that Judges should not pass strictures on advocates appearing before him. Nor on judges of lower court.

And yet many times it is seen that a High Court judge, while dictating judgement, in the judgement, passes negative comments on advocate who may have appeared in case.

Such comments amount to Pillory Punishment- punishment in present of peers of advocate.

When such comments are brought to notice of Supreme Court, it promptly strikes of such comments from the judgement.

However, this spoils atmosphere of mutual respect between judge and Bar.

Sometimes Judges as well as lawyers are suffering from Blood Pressure or Diabetes. It is possible for them to suddenly flare up in course of arguments.

But this should not lead to dictating unfair comments in judgement.

Haresh Raichura
26/9/2012

Dengue- PIL Writ petition ought to be filed in Delhi High Court

Law of writ is simple. If Executive is not doing what it is supposed to do, High Court's and Supreme Court can issue directions.

Today's front page news item on Dengue - Ticking Bomb in Times of India is alarming.

As per my personal view, some public interested reputed body ought to move Delhi High Court.

Haresh Raichura
25/9/2012

SC :Step daughter gets right in ancestral property of step father through rights of her mother.

In an unusual case, Supreme Court today dismissed an appeal in a case where Step daughter was given share in ancestral property of Step Father.

Cousin brother had sought to deny right of Step Daughter in Step Father's ancestral property.

Three courts below granted share to mother and step daughter and rejected case of cousin brother.

Supreme Court dismissed today petition of Cousin brother. Supreme Court also show no reason why Step Daughter should not get her rights in Step Father's property.

Haresh Raichura
24/9/2012

Winning Formula of Amitabh Bachhan - "Boxing Ring - Within four cornered ropes"

I read a great interview of Amitabh Bachhan by Farhana Farook in "iDiva - New Delhi 21.9.2012 on page 16-17.

Interview is great and you must read it by going to www.idiva.com

I am very much impressed by following Winning Formula, put in box in interview:-

"I believe we all walk alone... I discovered this very early in life, when I entered the boxing ring during my school days. Within the four cornered ropes of the 'ring' it was just your opponent and you that mattered".

It means we are living a One to One life. Each one to one interaction is defeat or victory. Together they add up to life we are living.

As a lawyer, I found this very useful. In every case, we are in a boxing ring.

In order to win, we have to knock down the argument of opponent. That matters most. All other things come later.

Haresh Raichura
23/9/2012

Frequently ask, "Therefore what?". This will lead you to meanings of every argument or situation.

I remember Dr.Justice A.S.Anand, former chief justice of India. During his conduct of cases in court, he frequently used to ask, "Therefore?...Therefore what?".

This question used to force counsel to come to meaning of his arguments.

You can try this. Whenever you hear an argument, ask, "Therefore.... Therefore what?"

Perhaps you will instantly see meaning of what is being argued.

Haresh Raichura
23/9/2012

Words are Power. Everything connects us with words

Words are power. Word can lift you up. Words can make you fall.

Words can make you wealthy, words can make you poor.

Words can get you killed. Words can save you.

Words are very important.

It is with words, that I am conveying you this article.

Everything in Universe is connected with us with words. The whole Universe can be contained in one word called 'Universe'.

A giant size property can be contained in one word "Bungalow".

Look around, the more you will go around, you will find that everything is word.

Word is God.

Therefore what?
I will think and write.

Haresh Raichura
23/9/12

Divorce by Mutual Consent in Half an Hour? Hindu Customary Divorce Deed- If you do not need DECREE of Court

Divorce under Hindu Customary Law, by mutual consent is possible in less than half hour.

You have to wait in Court for 6 Months only if you need Decree of Court for going abroad or for some such legal purpose.

Caveat: This Article or any articles on blog are not legal advices. Take legal advice of lawyer before acting on this academic purpose article.

GENERAL : Hindu Law recognizes custom law. If it is customary in some sects to divorce by mutual consent then such divorce is recognized as valid.

HOW LAWYERS DRAW A DIVORCE DEED?

1) Forms of such deeds are available in Book of Deeds.

2) The deed is usually made on Non Judicial Stamp Paper of Rs.500/-

3) It gives history of marriage.

4) Then says that it is custom in their caste for such divorce by mutual consent.

5) Then it says that parties are taking divorce as per custom.

6) Then terms of divorce are narrated.

7) Parties sign before Notary Advocate or before oath commissioner.

8) The deed says that both parties are now from this moment free to remarry.

9) Details of property or money settlement also mentioned if needed.

10) As soon as deed is signed by parties, witnesses, oath commissioner, the procedure is over.

SINCE BOTH parties are agreeable, no one may challenge deed.

But if dispute raises at later date, this deed can be challenged on some grounds in court.

Foreign Countries may also refuse to recognize such deed.

Then the only way is to apply to Court, wait for six month and then get a Decree of Court.

Please consult your lawyer first.

Haresh Raichura
21/9/2012

PS. Some advocates have different views. They advice that even after such a deed, Court's approval is required or desirable. As I said above, go by the advice of your own advocate who will examine your case and will give you advice.

SC: In Forgery cases, even if parties compromise, it is not possible for court to drop case

There are three types of criminal cases namely:

Cases where:
1) Compromise is permissible 2) Compromise permissible if Court also says Yes 3) Compromise not permissible even with permission of Court.

For example, forgery, rape, murder etc type of cases. Here, even if parties enter into compromise, the court cannot drop case. The case will go on and if there is evidence, accused will be convicted.

The question whether such cases can also be compromised or not, is pending before larger Benches of Supreme Court.

But in meantime, law is clear that courts will not drop such cases even if there is compromise between parties.

More accurate and full details can be found in Supreme Court judgement dated 14/3/2012 in WP Crl No. 26 of 2011 titled Ashok Versus Union and reported in 2012(3) Scale page 404

Haresh Raichura
21/9/2012

Two Senior Advocates: One died of cancer. One died with evergreen smile on his face

The way we live is the way we die. This is a short story of two prominent senior advocates.

One was very clever. He fought for companies. He always fought to defend injustice. He always used to win. He could virtually slain opponent advocate with his cleverness in court.
He was adept in bribing judges also.

He died of cancer at young age. His whole life time savings were lost in treatment. He died a tragic death.

Another was a simple man. He always wore a smiling face. When he walked in court lobby, it looked as if he was smiling at everyone who crossed his path.

He was also clever. But he never used his knowledge to perpetuate injustice. He took only those case which deserved justice.

He died his natural death with his usual smile on his face.

Haresh Raichura
21/9/2012

Weak Citizens: Bad Police :- A dead body of a lawyer rotting in house. Neighbours refused to inform police for fear of court involvement.

News report today said a dead body of a lawyer was rotting in a close apartment since 10 days.

Neighbors were getting stench of deadbody.

No one informed police. Possibly with the fear of getting involved in procedure and of becoming a witness.

In so many cases onlookers refuse to come as witnesses.

And still we blame courts for acquitting criminals?

Are we not a nation of weak citizens?

Haresh Raichura
20/9/2012

1966 Supreme Court Rules are outdated and obsolete ?

Many lawyers think that 1966 Supreme Court Rules have become outdated and obsolete. These were framed 46 Years Ago!

Time to time many practice directions and circulars are issued which are not found in the rules.

Fees of Supreme Court Advocate in Rules are obsolete (Rs.1100/-) -An impractical rule.

The Rule requiring that a convict has to surrender before his SLP is heard, is unconstitutional on face of Art.136 as per my view.

The invalid rule is obeyed and implemented because no one has challenged its constitutional validity.

Those who are sentenced to 3 months or one on month only, are also asked to surrender first. Women are also asked to first surrender.

A Court gets power to direct a convict to surrender only where an appeal is pending.

Before an appeal is admitted, Supreme Court does not get power to insist on surrender of a person who is seeking permission to appeal.

There are many other rules which are out of practicality and which needs a re-relook.

Haresh Raichura
18/9/2012

One client came to Supreme Court and asked me to get his matter DISMISSED !

To get a matter dismissed in Supreme Court is also a challenge.

Once a Client came to me to get his matter dismissed!

About two or three matters were dismissed by Gujarat High Court by a common order.

One of the party, was getting some benefits even if his matter was dismissed.

So he did not want Supreme Court to entertain any petition of others.

He had heard that if his matter is dismissed by Supreme Court, then other two matters will also be routinely dismissed by Supreme Court.

So he wanted his matter to be dismissed at earliest.

Today, I may refuse to accept such brief. But those were my early days in Supreme Court.

Normally, to succeed in matter is hard.

It is easy to get a dismissal order.

Strange thing happened

I moved matter in urgency before three Judges.

I started with my weakest point.
"My Lords, my client has lost in all courts below...." and I left sentence incomplete and hoped that judges will pass dismissal order.

Three judges looked at one another, discussed some thing and granted me Stay Order!

I was shocked.

My client has paid me to get matter dismissed. But it did not happen! I failed.

Haresh Raichura
17/9/2012

Two Lama saw a man climbing down from a mountain. The man was CJI S.H.Kapadia

In mountains of Tibet

Two lama saw a man climbing down from a mountain.

Younger Lama asked Elder Lama,
"Look at that man
Does he not look taller than the mountain? Who is he?"

Elder Lama replied,
"He is Chief Justice S. H. Kapadia.
He is retiring as CJI"

"Why does he look taller
Than the mountain! "
Younger Lama asked

"Because he mastered
Every First Principle of Law.
And, therefore, he looks taller than the mountain." Elder Lama replied.

"What are the First Principles of Law? How can one master them?"
Asked younger Lama

"First read all laws which are required to be seen.
Then close all law books.
Then close your eyes
And go back in history
Where there were no codified laws.
Then think what judges of those times may have said.

You will soon begin to see
Glimpses of First Principles of Law"
Elder Lama replied.

(2)

"Tell me about contribution of Justice Kapadia to nation."
Asked Younger Lama

Elder Lama replied,

"First he made every Parsi proud. Though being in micro-minority,
He made all nation proud of Parsi.

"Second, he uplifted bar of moral standards in public life,
By setting aside appointment of CVC on ground that charge of corruption was pending against him.

"Third, he uplifted prestige of Rule of Law in India In International Law
In Vodafone case.

"Fourth, he proved that even in a corruption clad environment,
It is possible to maintain principles.

"Fifth, he made every pageboy proud. He was just a pageboy in a lawyer's office. From there he reached to the Top."

Elder Lama thus summarized
Contribution of the judge

Haresh Raichura
15/9/2012

For more such poetic compositions,
Please read my Book "Tomato Soup for Lawyers and Judges" Volume 1 & 2

Can one file IPC 420 case against ministers who may have cheated people?

There are no ready answers. But I remember that two cases were filed against late Prime Minister Shri P.V. Narshimah Rao.

One case was filed by an NRI Lakhubhai Pathak.

He alleged that he made some payment to a middleman, on being assured of some benefits. But later, it did not happen.

He complained being cheated. IPC 420.

On death of Lakhubhai, this case was closed.

Another case I remember, in Rajkot in Gujarat, someone filed complaint against Shri Rao that certain election promises were made but not fulfilled.

He complained Cheating. IPC 420.

The Brave Magistrate issued summons against the then Prime Minister of India.

But next-day, his superior judge, cancelled his order and then cancelled case itself.

I remember only these two cases where criminal law IPC 420 was invoked against ministers who may have violated Poll Promises or other promises.

The Lawyers need to evolve law on this issue. The public wants to know more.

Haresh Raichura
14/9/2012

Will #Coalgate PIL succeed in SC? What are the main hurdles ?

Popular expectations are high. People want Supreme Court to quash entire Coal blocks allotments.


I will be glad if Supreme Court cancels all allotments of coal blocks.


But to do so:


1) Supreme Court will have to hear each and every allottee of coal blocks. This will become a clumsy petition.


2) Some allotment has become final and approved at High Court level. These High Court judgements cannot be cancelled in PIL. Separate SLP need to be filed for such purpose.


3) Supreme Court will act if it will find that Govt is Doing Nothing. But if Govt has initiated process, to cancel those allotments, Supreme Court will not like to hijack this process.


4) Procedure of setting a Screening Committee itself is faulty. If this is challenged, then only Supreme Court can cancel all allotments done by Screening Committee.


5) Problems of equity will arise. What to do about genuine cases where millions of rupees of bank and people are invested?

6) What will be benefits and losses to people if the whole process is cancelled? For how many years limitations? What if allotment is done more than three years ago or 9 years ago? How far court can go?



Haresh Raichura

14/9/2012

Three Stages of Dependance on Lord Krishna

I passed through three stages of Dependance on Lord Krishna.

1) In first stage, I worshipped Krishna and I trusted that He will look after me and will protect me from evils of this world.

2) In Second Stage, I believed that Krishna Helps Those Who Help Themselves.

In this stage, I felt that burden to take initiative and do my best was on me. Only when I first do this, Krishna adds something which gives me success beyond my expectations.

3) In Third Stage, I felt that I should keep doing my job well. I should not now and then keep looking whether Krishna is helping me or not.

I should work as if I am on my own.
It is for Him to come or not to come to add help to me.

If He comes, it is well and good. If He does not come to add any help, then also it is well and good.

It means, I am surrendering to Him but I am not binding Him to any reciprocal promises towards me. No expectations are violated if His help does not come!

It is all up to Him.

This stage pulls me up to level playing field with all evil persons who do not believe in and who do not fear God.

I fight on my own. Krishna helps me if and when he thinks fit.

Haresh Raichura
14/9/2012

A Weapon more powerful than RTI application => A notice under Sec.80 of CPC,

A District Magistrate or Collector is CEO of a District.

He is accountable for everything in his District. He has as much power as a CEO.

If you want to file any case against Union of India, you have to give notice to him.

In short he is responsible for things happening in his District.

An activist can consider doing three things if he see any wrong things in his district.

80CPC.(Notice) is more POWERFUL than RTI inquiry. Ppl should LEARN to use this weapon.

A) A written Regd AD notice or letter to DM giving details of wrong complained and request him to take action within 60 days as provided in Sec. 80 of CPC.

B) After 60 days,consider filing an RTI application to know status of your complaint.

C) Thereafter, consider further steps like moving a petition in High Court or trial court. Your local advocate may help you. This is som

 A notice under Sec.80 of CPC,.

Notice should be sent as under :

1) Secretary. Home Dept, New Delhi

2) Secretary, Home Dept, 

State Sachivalaya

3) The Collector, 

District Collector office,

4)Chief Officer, Concerned Department.

When you are in doubt about who is responsible, you can send more than one notices.

Some responsible officer may respond.

Remember, DM is the man whom you should send Complaints.

Haresh Raichura
13/9/2012

People should Use this Justice Ganguly and Justice Thakur Judgement to free India from Police Corruption

One Million Tweeple should Read and Use this Justice Ganguly and Justice Thakur Judgement to free India from Police Corruption.

Judgement Says:

"

EVERY citizen has right to see that his complaint is properly investigated."

Judgement further explains:

It is violation of fundamental right Art. 14 if Police do not carry fair investigation.

If you suspect police officer of making dishonest investigation, go to magistrate. It is duty of courts in India to order investigation by higher officer.

In this case a woman goes to police that her husband is kidnapped by Mr. X.

Instead of registering complaint, police gives her copy of "Missing Person Report."

After two days, woman goes to police and informs about finding dead body of husband and gives two names who murdered her husband.

Police does not Register FIR but passes information to Mr. X who had kidnapped husband.

After two days thereafter, namesake FIR is registered at instance of wife but nothing further really done.

Like this case, If you also have reasons to suspect that police has joined hands with other side .....

....and is not properly investigating complaint, then an application under Cr. P.C. sec 173(8) can be made to trial court.

If the Trial Court is satisfied that investigation is really not satisfactory, it will then direct investigation by Higher Police officials and will call for a report.

If for some reason, you are not satisfied with Trial Court order you can always go to High Court and Supreme Court.

In above referred case, the woman had filed Art. 227 petition against order of Magistrate.

For exact or more details look at actual judgement on website of Supreme Court for judgement dated 12.01.12 Azija Vs State of Maharashtra also reported in 2012(1)SCALE page 328
in Criminal appeal No. 126 of 2012 also reported in 2012 (3) SCC 126

Haresh Raichura
12/9/2012

SC: Property Rights of Illegitimate Children- Case sent to Larger Bench

The questions before Supreme Court were:

What are the property rights of illegitimate children under Hindu Law?

1) Are they entitled to a share in the Coparcenary (Ancestral) property also?

2) Or, are they entitled to only share in self acquired property of parents?

Since there were conflicting judgements,  SC bench has referred the questions to larger Bench.

In my view, social consequences will be disastrous if illegitimate children are given rights in ancestral property.

Because then, adults and also married who are sons/daughters of rich, will be exposed to unlimited honey-traps. The aim of such honey trap will be to get share in Rich Parents property.

For more plz. See 2011(4)SCALE Page 189 Ravanasiddappa Case order dated 31.3.2011 in Civil Appeal 2844 of 2011

Haresh Raichura
11/9/2012

PIL in SC: To Declare MOUNT ABU as " Eco Fragile" area

W.P. Civil 202 of 1995 is pending in Supreme Court.

In this case, applications regarding protection of Mount Abu are also filed.

For further reference : 2012(1) Scale 219 may be seen.

Haresh Raichura
11/9/2012

Large Scale illegal mining in River Yamuna Bed: SC Monitoring

Supreme Court is actively monitoring means to stop large scale illegal mining in River Yamuna Bed.

Those interested in subject can join or watch case.

They can look up on SC website case of Deepak Kumar Versus State of Haryana
2012(2) Scale 443 SLP Civil 19628 of 2009 and other

Haresh Raichura
11/9/2012

SC: Without First Framing a Housing Scheme, Govt cannot acquire land for building housing society.

Yes. This is the tenor of a Supreme Court Judgement.

Without First Framing a Housing Scheme, Govt cannot acquire land for building housing society.

Such an acquisition cannot be treated as for Public Purpose. SC order that land be returned to land owners.

For detailed understanding and reading plz refer to Supreme Court Judgement dated 7/2/2012 in Civil Appeal 1930 of 2012 and also reported in 2012 (2) Scale 504

Haresh Raichura
11/9/2012

Improper Acceptance or Rejection of Nomination can result in Declaration of an Election Null and Void by Courts- SC

This was a case of improper rejection of nomination papers of a proposed candidate of MLA election.

When it was found that Returning officer had improperly/illegally rejected a nomination, the election of returned candidate was declared null and void by High Court. Supreme Court confirmed it.

It follows by analogy that Improper Acceptance or Rejection of Nomination papers by Election Officer is a ground for declaring an Election null and void.

More details can be read in Supreme Court Judgement dated 9/12/11 in Civil Appeal No 4956 of 2010 and also in 2011 (13) Scale 423

Haresh Raichura
10/9/2012

Any Voter Can Challenge Election of any Member of Parliament on ground of "Office of Profit" - Supreme Court

Yes. A voter can challenge election of any Member of Parliament on the ground that he is holding a "Office of Profit" under some Govt. Body.

Normal assumption that only contesting candidates can challenge election of any MP is not correct.

I say this on basis of Supreme Court judgement dated 30.11.11 in civil appeal No. 7923 of 20010 which is also reported in 2011(13)Scale 283 on page 284 para 3

In this case, a voter had challenged election of a Member of Parliament on ground that he was receiving money from a Maharashtra Government Company.

Member of Parliament said that he was only being paid actual expanses incurred by him and therefore it was not a "Office of Profit".

The Voter Lost legal battle. But he did made a point that any Voter, with right evidences, can challenge Election of Any Member of Parliament.

Haresh Raichura
10/9/2012

Supreme Court Directions Regarding so called Village Courts or so called Panchayats Courts

Supreme Court Directions 
Regarding so called Village Courts or so called Panchayats Courts 


Directions are given that if barbaric incidents happen of punishments by Kangaroo Courts or So called Panchayats,in various States of India and if it is found that

1) District Magistrate/ or Collector or SSP or SP had been previously informed but they have failed to prevent incident,

2) Or if they have failed to apprehend culprits immediately, 

They be suspended.

The sweep of directions is very wide. And State Governments and officers are bound by Supreme Court directive under Art.141.

These directions are found in para 16/17 of judgement reported also in 2011(4) SCALE page 756 on page 761.


A complainant can go to High Court to see that directions are obeyed by State.


Haresh Raichura

9/9/2012

Supreme Court Relief to Punjab Farmers against Arbitrary Evictions

Many Punjab Farmers were given farming land for farming in 1960 to 1970 around.

It was condition that every year they should give 1/3 share from crops to Government of Punjab ( Seed Farm)

Initial lease was only for 1 year but they continued thereafter and government kept accepting 1/3 share from crops.

After 1985, in many cases, government stopped taking 1/3rd share and started evicting them.

At least three such farmers first went to Punjab and Haryana High Court for protection. Their cases were dismissed.

Supreme Court granted stay and protected these farmers. It appeared that wrong interpretation was given to certain provisions of law by High Court.

These cases are pending in Supreme Court.

Haresh Raichura
8/9/2012

Will- After a Will is executes, subsequent changes in it will have no effect unless done in manner provided in law

Many times after a will is made, afterwards, alteration, interlineation or obliterations are made.

After a Will is executes, subsequent changes in it will have no effect unless done in manner provided in law.

Vide 2011(12)Scale 306: SC judgement date 31/10/2011 Dayanandi case

Haresh Raichura
8/9/2012

SC: Ignorance of law is good excuse for illiterate farmers - A good View

Supreme Court was dealing with case where for faulty seeds, consumer courts had awarded compensation against National Seed Corporation.

The company sought protection under some provisions of Seeds Act.

Supreme Court in para 35 rejected this argument on ground that

"Majority of farmers in the country remain illiterate through out their life.. They have no idea about the Seeds Act and it's rules. The farmers also may not be knowing of Protection of Plants Varieties and Farmers Right Act"

SC did not say exactly that "Ignorance of law is good accused for farmers" but it did gave judgement in favour of farmers.

Haresh Raichura
8/9/2012

Vide 2012(1) Scale 367 on page 393 para 35: judgement date 16/1/12 National Seeds Corporation case

InterCaste Marriage with ScheduleCaste/Tribe- Their child can choose his caste on becoming major- SC

In intercaste marriages where one of spouse is of Schedule Caste or Tribe, then child will get caste of father. But on becoming major, child can ask that his caste may be treated as caste of his mother.

More details available in Supreme Court Judgement dated18/1/2012 in case of Rameshbhai vs Gujarat on Supreme Court website and also in 2012(1)Scale434

Haresh Raichura
8/9/2012

Main LEGAL between 2G and CoalGate Allotment- Difference between Fraud and Fraudulent Policy and Powers of Court to Cancel allotment

I am not a Legal Eagle. I am a very low profile advocate. But I see difference between 2G and Coalgate.

First Principle of Law

Court has full power to set aside "Decision Making Process"

but

has limited power to cancel a "policy of Government."

2G Scam

Here some people were given advance information on Declaration of policy of First Come First Served. When policy was declared, some people had already prepared bank drafts for deposit money. It was an outright fraudulent act, confirmed by subsequent transfers of licenses.

Therefore, Supreme Court has power to cancel it.

COALGATE

Here, a policy was there.

Policy was not challenged for years by anyone.

A screening committee was appointed for examining merits of case.

Only those licenses can be cancelled where 1) False details are given 2) Collusion with members of screen committee is found.

AND IF YOU WANT TO

If you want to cancel all CoalGate licenses, you have to further prove that (1) Policy was fraudulent (2) Entire Screening Committee functioned in fraudulent manner (3) No criteria was fixed (4) Kickbacks are visible. (5) Screen Committee was just a MASK (6) What you cannot do directly, you cannot do it indirectly by setting up a Committee.

This is a tough legal task.

Haresh Raichura
8/9/2012

What to do if wife Files false cases against husband and in- laws?

Judicial Bias

The trend of judiciary is Pro-Woman. Judges will not readily believe that a woman can also be lying and can be filing false cases against the husband and in-laws.

First Principle:

Judge will look for evidence. If you have no evidence, the judge will believe whatever the woman may say.

Transfer Matters

If husband and wife are from different states, and if cases are filed by husband in his state, Supreme Court will most probably transfer all his cases to where wife is living

Wisdom Versus Law

In family disputes, judges go more by their wisdom and social trends than by law.

When dice is heavily loaded against husband in Courts, the laws are much abused.

No standard advice is available. Judges decide on basis of evidence on record on case to case basis.

1)Husband first need to collect and establish evidences against wife.

Letters, tape recording, video recording. Whatever. A local trial court advocate may advise you properly. Seek his advice also about obtaining factual report from a detective agency.

2) It is always advisable to deposit some amount monthly in bank account of wife. It is always a duty of husband to maintain wife and children.

3) Take first step in Civil Court.

The wife will probably file false cases in criminal courts. Before she files complaints, husband should approach Civil Court. In Hindu Law there is a section under which judge can refer dispute to mediation or can try to resolve disputes.

4) Accept reality.

One SC judge once said,"Husbands are well advised to obey their wives". Another SC judge recently said,"It is always a question of accommodation. Accommodate and adjust to your wife or suffer consequences."

This much is all I can say.

There is no effective remedies to protect husbands against false cases by wives till today. But I do hope that Supreme Court will show us way at earliest.

Haresh Raichura
7/9/2012

SC: If Your Son-in-law is troubling your daughter, even if they may be in different city, you can lodge 498A FIIR in your city police station!

A Landmark judgement of Supreme Court has gone unnoticed by media and TV.

In Ushaben case, SC has dispelled assumption that only wife can make complaint under 498a, cruelty to wife by in laws.

Suppose you are living in Delhi. Your son in law and your daughter are living in Mumbai. You receive a distress call from your daughter that her in laws are doing cruelty to her.

You can file 408a conplain in Delhi Police Station. Police will register it as 0 number FIR and will forward it to Mumbai Police for investigation.

If Delhi police refuse to take your complaint, you can move courts and court will call for report.

This judgement is landmark judgement but it has gone unnoticed by media.

Though SC did not say all these what is mentioned above in open words, this is the meaning of this judgement.

Now even a neighbor can file complaint to police that Husband living in next house is beating his wife.

Common perception is such that only "Wife" can file complaint of 498A IPC.

But no.

Supreme Court says that if any police officer finds that you are ill treating your wife, then without permission of your wife, even police officer can file complaint under 498A of IPC and can punish you through court.

Moral: Husbands should not ill-treat wife. Adjust with her. Respect and fear her.

If you want to read more details, it is in Supreme Court judgement dated 23/3/2012 Ushaben versus Kishorbhai. It is also reported in 2012 (3) Scale page 594

Haresh Raichura
7/9/2012

If false complaints are filed on behalf of Wife, then husband has also remedies in court to set aside such complaints.

"I cannot pay more than Rs.35K for filing case in Supreme Court. I have talked with all my relatives" - A poor man said

It pains my heart when I see that High Court has passed a patently erroneous judgement against a poor man.

The poor man, who may be living on hand to mouth basis,may have to come to Delhi and to file case in Supreme Court.

It is normally beyond reach of a poor man to reach Supreme Court. They usually talk with their relatives and take loans from relatives to meet expanses of filing a case in Supreme Court.

I met one such poor client today. High Court judgement was wrong on face of it. But this poor man had no option but to file matter in Supreme Court.

This reminded me of late Senior Advocate B. K. Mehta. We had engaged him. And a poor man paid Rs.10K towards his fees.

Next day, B. K. Mehta called me and said that his conscience was biting him. He returned Rs. 10K to poor man.

I wish there are more such Senior Advocates in Supreme Court.

If you like this TRUE story, please tweet this.

Haresh Raichura
6/9/2012

Second Appeals in High Courts cannot be allowed without first framing questions of Law- Supreme Court

Supreme Court has to reinvent wheel again and again.

Since, 1997, Law is clear and settled that High Courts cannot interfere in lower courts judgements in Second Appeals without first framing substantial questions of law.

Latest judgement is dated 16/3/2012 in case of Hardeep Kaur versus Malkiat Kaur on website of Supreme Court and also reported in 2012 (3) Scale page 501

Haresh Raichura
6/9/2012

Under Right to Information Act, what to do if required information is not furnished?

Under Right to Information Act, what to do if required information is not furnished?

When this issue arose, it is now upheld by SC that Commissioner cannot order disclosure of Information, though he can impose heavy penalty. The Act does not give such powers to force government to disclose specific details, but it can certainly impose heavy penalty on Govt body.

For specific details or information, In my views

1) High Courts have power under Art 226 to direct disclosure of information.

Supreme Court can pass orders to call for records and to file affidavit disclosing specific points.

2) It is also my view that Civil Court can pass orders under provisions of interrogatories to produce documents and disclosures.

More on this can be found in judgement dated 12.12.2011 in case of Chief Information Commissioner versus State of Manipur on website of Supreme Court.

Judgement can be on Google and can also be found in 2011(13)Scale 460

Haresh Raichura
6/9/2011

Supreme Court Election Reforms in all Universities in India to prevent entry of criminals in Students Elections

Supreme Court has laid down guidelines for students elections in all Universities in India.

Guidelines based on Lyngdoh Committee. Further Committee is also asked to examine whether election should be on President system or Democratic system.

All elections have to be as per these guidelines. For those who want to read more details, judgement dated 8.12.2011 titled University of Kerala versus Councils,, also reported in 2011(13) Scale 487

Haresh Raichura
6/9/2012

Unsolicited Calls/SMS- Consumer Fora Slapped Rs 50 Lakh plus exemplary damages- SC upheld judgement.

One consumer filed complaint for exemplary damages of Rs. 34.50,000/- for harassment, mental agony and financial loss suffered by her due to unsolicited calls received on her mobile phone from various banks and financial institutes.

Consumer Fora awarded exemplary penalty of more than

Rs. 50 lakh and gave various directions

The Cellular Operators and companies fought upto Supreme Court. Supreme Court upheld decision.

If you are a consumer Activist, and if you also want more details of this case, you can find more Reference In case of Nivedita Sharma Vs Cellular Operators Asso of India. Reported in 2011 (13) Scale 584 Judgement dated 7.12.2011 can also be found on Supreme Court website. Or on Google.

Haresh Raichura
6/92012

Death Sentence- Delay in execution of sentence even after mercy petition is rejected-.issue pending before SC

In death sentence cases, after mercy petition is rejected by President, there should not be undue delay in executing death sentence.

But what if there is long delay by government even thereafter? Can their death sentence be commuted to life imprisonment?

The issue is pending before SC as referred in judgement dates 9.2.2012 in SLP Crl No. 1105/2012 also reported in 2012(3)Scale page 533

Haresh Raichura
5/9/2012

A Traffic police stops car of a High Court Judge for regulating traffic. Does it amount to Contempt of High Court Judge?

What is Contempt of Court? If a traffic policeman stops car of a High Court Judge for regulating traffic, does it amount to contempt of court?

On 24th Sept, a Traffic Police stopped car of a High Court Judge to allow a procession of adivasis to pass by.

The Judge issued contempt notice to policeman.

The Judge was of view that "Court does not mean Court Room but movement of judge even outside, at least when he is moving to discharge official functions".

The issue is/was still pending to be decided by higher court, as per reference given in Supreme Court Judgement dated 25/8/210 in case of Biman Basu versus Kallol Guha also reported in 2010(8) SCALE page 490 on 493.


Haresh Raichura
5/9/2012

You are NRI. You have properties in Punjab. Tenant neither paying rent nor vacating. What can you do?

A tweeter friend from abroad posed this problem.

In legal world, we call such disputes as "Absentee Landlord" dispute.

Property is in one city. Landlord is in other city. Tenant will try to misappropriate or misuse property. Disputes bound to happen.

I can think up following options.

1) First, NRI LandLord should give a power of attorney to his some friend or relative in India for purpose of filing legal suits to get premises vacated.

2) Then legal notice to be given to tenant to vacate premises stating that land lord wants to come back to India and requires property. Many other legally permissible grounds should be taken.

3) An advertisement in local newspaper can be given warning public.

4) Suit for eviction should be filed.

5) Process may take time. But Landlord will get back possession.

Haresh Raichura
4/9/2012

SC: If police is not investigating complaint properly, application 173(8) can be made for investigation by Higher Police Officers

Every citizen has right to see that his complaint is properly investigated.

If he has reasons to suspect that police has joined hands with other side and is not properly investigating complaint, then an application under Cr. P.C. sec 173(8) can be made to trial court. Trial Court will then direct investigation by Higher Police officials.

For exact or more detail look at website of Supreme Court for judgement dated 12.01.12 Azija Vs State of Maharashtra also reported in 2012(1)SCALE page 328
in Criminal appeal No. 126 of 2012

Haresh Raichura
4/9/2012

If husband is beating wife, even neighbor can ask Police to register 498A Case- Landmark SC Judgement.

Though SC did not say so in open words, this is the meaning of this judgement.

This is a landmark judgement by Supreme Court.

Now even a neighbor can file complaint to police that Husband living in next house is beating his wife.

Common perception is such that only "Wife" can file complaint of 498A IPC.

But no.

Supreme Court says that if any police officer finds that you are ill treating your wife, then without permission of your wife, even police officer can file complaint under 498A of IPC and can punish you through court.

Moral: Don't ill-treat wife. Adjust with her. Respect and fear her.

If you want to read more details, it is in Supreme Court judgement dated 23/3/2012 Ushaben versus Kishorbhai. It is also reported in 2012 (3) Scale page 594

If you are in possession of property, no one can remove you without DUE PROCEDURE of law

This point has been argued again and again in many courts.

On 12 March, 2012, three judges of Supreme Court restated law in case of Maria Versus Erasmo

"Possession of past is one thing, and the right to remain or continue to remain in possession in future is another thing"

The three judges have tried to lay down that No one can take law in his own hand. Even a trespasser cannot be dispossessed without recourse to procedure of law.

If you are in possession of property but you have no documents to prove your title, then what?

The Judges said, Two things are separate. Title is one thing. And Right to Continue in possession is different thing.

Judges explained, how even without title of property, you can establish your Right to Remain in Possession in present and in future also.

Those who need more detail can find this judgement dated 21/3/2012 on website of Supreme Court or in 2012(3) Scale page 550

Haresh Raichura
4/9/2012

Auto Ricksaw case- Art 14 Requirement to prove violation

N.K.Bajpai case para 23 2012(3)Scale 452

Advocate's Right to practice is fundamental right under Art 19(g)

An advocate derives his power to practice law from two sources.

1) Advocate Act, gives power to practice before any court and Tribunal.

2) This right is fundamental right under Art 19 (g) of the Constitution of India. This right cannot be curtailed by putting unreasonable restrictions on advocates.

3) This right cannot be taken away without Due Procedure of Law

Vide N. K. Bajpai Case, 2012(3)Scale 452

Haresh Raichura
4/9/2012

Urban Land Ceiling Land..Land declared surplus but possession not taken. Now you can keep the land.

Urban Land Ceiling Act is repealed before 15 years.

In many cases, Govt. Passed declarations of surplus land and became Owner of the Land.

But due to certain reasons, Govt did nothing except taking possession on paper. Now it is held that the Govt can no more get possession of this land.

The proceedings have abated. Govt has lost ownership of this land also by not taking steps in time.

Merely vesting of land not enough. The Govt must have taken actual possession before the ceiling Act was abolished.

Vinayak KashinathvShilkar case 2012 (3) Scale 385

Haresh Raichura
4/9/2013

SC: Car Loan companies or their agents cannot forcibly take away your car for non payment of installments- Case Law

In Car Loan papers you may have been forced to sign many conditions.

But Law is Clear.

Car Loan Companies or their agents cannot forcibly take away your car for non payment of installments.

They have to follow procedures of law for taking back possession of car. They have to follow RBI Circular dated 24th April, 2009 and many other laws.

You can get detailed knowledge from following cases. You may find these cases on Google or in your lawyer's office.

Citicorp Maruti Finance Ltd Versus S. vijyalaxmi reported in 2011 (12) Scale page 537 on page 543 in para 21

ICICI Bank Ltd versus Prakash Kaur 2007 Vol. 2 SCC page 711

Haresh Raichura
2/9/2012

How to file complaint against a sitting judge of High Court? #LawForLawman

You will not find any law books on this subject. A friend on twitter tweeted about serious complaint against a sitting judge of a High Court, hence I write this.

Following are tips:

1) Make no allegations of partiality or bias against judge.

2) Do not use harsh words in your complaint.

3) Just state exact words spoken by judge or exact action taken by judge which is wrong according to you. The details should be so specific that concerned judge can reply to it.

4) State clearly in your complaint that you are not making this complaint to make pressure on judge to give some favorable judgement in any case.

5) State clearly that you have no case pending in his court or in any other court. If you have any case, disclose full details.

6) State that you have utmost respect to judiciary.

7) Post it to Chief Justice of High Court and to Chief Justice of India. They have some powers to take action if they think fit.

8) Do not leak details of your complaints to press. It will amount to contempt.

9) Then give time to the Judiciary to correct itself.

10) Do not use contemptuous words.

11) After sending complaint, do not wait for reply. No one will reply you. These complaints are handled discreetly to maintain high image of Judiciary. Do not send reminders.

12) Treat your complaint as "Closed and forgotten".


Haresh Raichura
1/9/2012