Lord Krishna and The Judge who was sleeping on a bed of a hundred arrows-

Lord Krishna and The Judge who was sleeping on a bed of a hundred arrows- 

An imaginary scene based on theme of Mahabharata

5000 Years Ago
In battlefield of Kurukhsetra

There lay the greatest judge of country
Lying, on his deathbed, made of arrows
Which had pierced in every part of his body

On seeing Lord Krishna approaching him
The Judge spoke thus:

"Krishna, you are called 'Teacher of the World'
If so, then answer my two questions

"I have been doing justice all my life.
And yet I have not fully understood what 'Justice' is.
So tell me what is 'Justice'.

Secondly, I have always tried to do justice impartially
And honestly, as much as I could.
Then why it has been in my fate
To sleep on this deathbed of arrows."
The Judge lamented.

Krishna looked at him smilingly and spoke thus:

"Justice is an 'Incomplete Picture' drawn by an artist.
Therefore, no one can fully understand it even if
He keeps looking at picture all his life.

"There is always something missing in Picture of Justice
Everyone who looks at this picture
Reads a different story in it.

"While doing justice to a deer,
A judge saves it from a tiger
By killing that tiger.
This much is always shown in picture of justice.

The fact about right of tiger to live
And its right to live by killing and eating the deer,
Is never painted in picture of Justice.
The picture of justice therefore remains incomplete.

The Deer and The Tiger both are created by Me.
And they both have their rights.
A Judge who sees these both rights
Can only fully understand Justice."
Thus Krishna replied his first question.

Then regarding his second question,
Lord Krishna spoke thus:

"The palace in which you lived
Was made up of ill gotten wealth of Duryodhan.
The food which you were supplied
Were made of ill gotten wealth of Duryodhan.
The sins entered in your body
Through food and through luxuries of palace.

Therefore, the Fate has prepared
This deathbed of arrows for you,
To purge and purify your soul."
The Lord Krishna thus replied his second question.

The Lord Krishna then left
Leaving the Judge
To reflect on what he had said.


- Haresh Raichura
26/7/13

Legal Reasons why most of Transfer Petitions filed by Wife are accepted by Supreme Court - Understanding Laws

Legal Reasons why most of Transfer Petitions filed by Wife are accepted by Supreme Court - Understanding Laws

Wife's Family and Husband's families may be living in different states of India.

After dispute in marriage, wife goes back to her parents. And files cases on husband from the city where her parents reside.

Husband will file cases from city where he resides.

For example, husband living in Gujarat, will file cases in Gujarat. Wife living in Maharashtra, will file cases in Maharashtra.

In such interstate cases, only Supreme Court can transfer cases from one state to another.

Law says that while transferring such cases, the Supreme Court only need to see A. Hardship to the parties. For which party it is harder to travel to other state to defend cases? And B, Interest of Justice

Supreme Court does not need to examine merits of cases. It cannot look into cases to know which case is more believable and which is less believable.

So, so far as first point A is considered, wife will usually win. She may be young, pregnant, or with a child, she cannot travel to other state without suffering much hardship. On the other hand, husband is a man. He can travel alone to other state to defend his cases. Though hardships will be on both sides, greater hardship will be on wife's side.

To decide volume of hardship of wife, the judges usually want to know distance between two courts.

If the distance is long, wife's petition will be usually accepted and all cases filed by husband in his city, will be transferred to city where wife lives.

This is the trend as on TODAY. The Trend in Future may change. We do not know.

- Haresh Raichura

Marriage has become a crime because so many criminal laws are passed - a view

Marriage is no more a fusion of two souls. When a marriage goes wrong, so many things happen.

And criminal law applies to all things that happen during a marriage gone wrong.

Mostly, wife is complainant, husband and his parents are looked upon as if they are hard criminals.

All marriage related laws need to be revisited by eminent panel of jurists. The institution of marriage need to be made safer by introducing law of Arbitration where someone, mutually agreeable, meditates and then passes orders.

Where there is will there is way. If there is will to simplify these laws, ways can be found out.


- Haresh Raichura
24/7/2013

Joke in Court: Advocate: "Client is not contacting me. Please discharge me from case"...

Joke in Court:

Advocate: "Client is not contacting me. Please discharge me from case"..

Judge: "No. You cannot be discharged from case. You are advocate on record of case. After taking all the fees, you cannot be allowed to be discharged from case."

Advocate: "Sir, but I have not taken any fees. I had filed vakalatnana for free." :(

Judge: "Whether you have taken any fee or not is a question of fact. Supreme court cannot decide that question" ... :)


Haresh Raichura
20/7/13

Does TWO HOURS PUJA has something to do with success of many good lawyers and judges?

Does TWO HOURS PUJA has something to do with success of many good lawyers and judges?

In my 30 years' practice, I have seen many lawyers and judges to reach the peak of success in short time.

Some of them were seen doing two hours puja daily at home. Some in the morning and some in to evening after returning from court.

This must have spiritual blessings and divine helps.. But apart from it, it has all the results of regular meditation for two hours.

They can remain calm in cases were stakes are high and passions of litigants are running high.

They can remain confident and hopeful even in most hopeless looking cases.

I have also seen a Parsi top lawyer, who used to switch off lights of his chamber and sit in meditation in his chamber.

There is little doubt that all thoughts become calm during such process and brain becomes sharper to deal with complex issues.

I write this because, yesterday I met one clerk of lawyers. He said he sits daily two hour in morning puja. And today he is earning more than many lawyers.

The two hour puja must have some divine as well as materialistic benefits.


Haresh Raichura
18/7/13

SC:Criminal case for defamation to go on against woman and brother who filed false rape case

Criminal case for defamation to go on against woman and brother who filed false rape case

A man was falsely alleged in rape case. He was arrested. Jailed. Then given bail after much struggle. During trial judge found that complaint was wrong. He was acquitted by trial court.

But in the process of acquittal, he was financially ruined. He had to pay heavy fees to lawyers. His family life was ruined. His children suffered a lot.

After acquittal he filed civil suit for damages against. He also filed a private criminal complaint for defamation against woman and her brother.

The wife and brother went to High Court to set aside case. High Court said, No.

They approached Supreme Court against order of High Court.

Today, the matter was heard in SC.

SC refused to quash complaint.

SC dismissed SLP filed by woman and his brother with one line order of dismissal. 


Gender Neutral Laws.

Supreme Court grinds slowly but grinds surely. 

Haresh Raichura
19/7/13

SC: A caste declared OBC in one State does not automatically become OBC in another States

A caste declared OBC in one State does not automatically become OBC in another States

For the purpose of this note it is suffice to say that long process of leading evidences etc needs to be followed before an OBC person in one State, can also claim benefit of OBC in other States.

Those interested in more can do well to case of Bharti V Maharashtra, SC judgement dated 5.12.11

Haresh Raichura
17/3/13

SC: Consumer Courts cannot decide service related disputes

Consumer Courts cannot decide service related disputes

Supreme Court decision link

Employee's Right to Work in a "Safe Environment"- Newly developing laws in India

"Employee's Right to Work in a "Safe Environment"- Newly developing laws in India

There are not enough laws to protect employees' against employers in India.

Old laws, like Industrial Dispute Act and Other laws, have gradually worn out and are not in sync with modern service jurisdiction.


An employee has right to ask for a safe an healthy environment in which he can work.

The injury due to stress at workplace, bullying at workplace, unhygienic food and drinking water supply at workplace, giving stress to employee by doing injustice, stress due to not properly handling disputes at workplace, are also yet to be recognised by courts in India, though they appear to be well recognised in civilised countries. These cases can be downloaded through Internet.


Absence of laws do not make courts powerless. These are all rights related to quality of life at workplace.


At common law and under powers of Art.21, the courts can always make suitable laws and guidelines till legislator makes some laws.


The need of the hour is, first such rights need to be debated and argued in Supreme Court or in High Courts in PILs by Employee's Welfare Unions.

Demand for new laws will follow with supply of more and better laws for employees through courts.

Haresh Raichura
17/7/13

If any party files "False Affidavit" or "Forged Document" in any court, can an application be filed to judge?

If any party files "False Affidavit" or "Forged Document" in any court, can an application be filed to judge?

An application to any court where case is pending, can be filed that opposite party has filed "An apparently false Affidavit" or a "Forged Document" and inquiry be made and that party be punished.

Thereafter, that court will make an inquiry.

If Judge finds that really "Apparently false affidavit" or "Forged document" is filed in his court", he can send complaint to Magistrate who will try and punish that party according to law.

What is apparently false affidavit?

A man may have taken loan, but still he can deny it. This does not mean that he has filed false affidavit.

You have not taken money from A, and yet A files suit saying that you have taken money from him. This again is not a false affidavit for this proceeding.

Here, a man was in US, but it has been stated by him that he was in India. This is a apparently false affidavit because, because it can be seen from documents what is truth.

Another example: Court has directed a State to open night shelters for poor.

The secretary files an affidavit that 10 Night Shelters are set up as per the order of court.

Whereas actually only 2 night shelters are set up. This is apparently false affidavit.

Then, apart from a false affidavit, further it is necessary to prove that such false affidavit was made with knowledge that it was false.

What is a Forged Document?

You never signed any agreement of sale of your land. Someone produces a forged sale deed and uses it in court to support his case.

Here, grievance can be made that forged documents is produced, handwriting report may be called for. If document is found forged, court can take action.


The point is, it must be possible to see from documents that an "Apparently false affidavit" or an " Apparently forged document" is filed in any court.

Then upon application made to it, Judge is empowered to inquire and to see that offender is punished by Magistrate who may be empowered to punish such crimes.


Haresh Raichura
16/7/13

Can courts do anything if father-in-Law (Father of wife) is destroying marriage and ruining future of children? ->

Can courts do anything if father-in-Law (Father of wife) is destroying marriage and ruining future of children?

An illustration based on an overheard case.

The case was on.

Husband's counsel was arguing.

He argued, mediation attempts with wife are failing because her father is coming in way. He is not allowing his daughter to compromise with husband at any cost.

Judge said, we have seen many cases were such things are happening. Father pours poison in ears of daughter and prevents her to compromise with husband. But there is nothing which court can do.


The Husband's advocate pleaded again, look the future of 2 year old child is also being destroyed by father who is not allowing mediation with wife to succeed.

Judge said, then you should file criminal complaint against father for destroying future of child.

The Point

Court has to act within powers given under law.

It can do little if someone is pouring poison in ears of wife and is not allowing her to reconcile with husband.

But there are laws, if someone is trying to break marriage of anyone, than that person has got civil and criminal remedies.

The Court gets power to examine conduct of Father-in-Law only if some proceedings against him are filed before it and if there is some evidence of interference by father in law.

Such options should be examined by lawyers of party who feels like husband in above illustration.

Haresh Raichura
12/7/13

SC: Landmark Judgement: Directions to Every Magistrate to inquire that Arrested person's relatives were..

SC: Landmark Judgement: Directions to Every Magistrate to inquire that Arrested person's relatives were informed at time of arrest.

In case of Jitendra Singh V Baboo Singh, on 10/7/13, Supreme Court has issued directions to all Magistrates.


Duty Cast on Magistrates

When accused is brought in Court first time after arrest, it is duty of Magistrate to inquire that while making arrest

a) Police has informed accused about charges under which arrest is made

b) Police has immediately informed relatives of accused about arrest.

c) Police has made a record about which relative was informed at time of arrest.

d) Medical examination of accused was done after arrest. 

e) Copy of medical report to be given to accused or his nominated person.

The implication of these SC directions are wide. Let us see how the guidelines work.


Haresh Raichura
11/7/13y

In criminal matters, after a judgement is signed, judges don't have power to change it

In criminal matters, after a judgement is signed, judges don't have power to change it, even if there may be some mistake appearing on face of judgement.

In civil matters there are power to review judgements. In criminal matters, once judgement is signed by a judge, he has no power to alter or review a judgement.


If there is any mistake, it can be corrected by only higher courts.

Ref: State of Punjab vDavinder Pal Case judgement dated 7/12/11

Sec.362 Cr PC

Haresh Raichura
11/7/13

SC: Poor accidents victims can be paid more compensation than asked by them

SC: Poor accidents victims can be paid more compensation than asked by them

Supreme Court was deciding a case of a poor 8th standard student who suffered accident.

It observed that most victims of accidents are poor pedestrians. Many of them do not have enough money to engage trained lawyers. Whereas Insurance company has got highly trained the lawyers. The duty is on courts to award just compensation.

The student has claimed Rs.3 Lakh compensation. Tribunal had given only Rs.1,89,440/-

Supreme Court increased compensation to Rs.6 Lakh even if the claim of student was only Rs.3 Lakh.

Case of Ibrahim V Raju dated 31/10/2011

Haresh Raichura
11/3/13

Who will get benefit of "Missing Coalgate" files? - my view

The purpose of this article is only for education and debate. It has nothing to do with actual arguments in any case or courts. And this is my personal view. Other views are also possible.

Everyday, this scene gets repeated in many courts. Investigations are not complete and important documents are missing. There are so many big loopholes in investigations.


Then accused side argue that since investigation is incomplete, perfunctory, they may be acquitted.

This argument is usually rejected by courts. Accused cannot get benefit of defects in prosecution.

Similar is the case of Missing Files in cases where Govt Actions are challenged as arbitrary.


Initially, burden is on petitioner or PIL maker to show that there is/was arbitrariness in act of government and Art.14 is violated.


Thereafter, it is burden on Government to justify to court that the Act was in accordance with some rules and procedure and there was no arbitrariness.

So when point of "Missing Files" comes up, the Govt cannot take any benefit from.

The burden is still on it to prove that act complained was not arbitrary.

It will be educative to see how the arguments move in this case and to see what ultimately court holds.


Haresh Raichura
11/7/13

Even Supreme Court has said that Land Acquisition Act, operating since 1894, is not constitutionally as per Art.300A.

Even Supreme Court has said that Land Acquisition Act, operating since 1894, is not constitutionally as per Art.300A. Need for new Law.


The Law under which government has power to compulsorily acquire land of citizens is Land Acquisition Act. Britishers passed this law in 1894. Amended in 1919, 1921, 1923, 1933, 1962, 1967 and in 1984.


In case of Ramji Veerji Patel (2/11/11) Supreme Court said "To say the least, the Act has become outdated and needs to be replaced at the earliest by fair, reasonable and rational enactment in tune with the Constitutional provisions, particularly, Article 300A of the Constitution. We expect the law making process for a comprehensive enactment with regard to acquisition of land being completed without unnecessary delay"


Supreme Court further said, The Act does not provide for rehabilitation of persons displaced from their land although by such compulsory acquisition, their livelihood gets affected


Haresh Raichura
11/7/13

Two Lama on eve of retirement of Chief Justice Altamas Kabir - A farewell poem

The Chief Justice Kabir is retiring on 19th July,2013
The following is my farewell poem


Two Lama on eve of Retirement of Chief Justice Altamas Kabir


In the mountains of Tibet

Elder Lama taught Younger Lama
That In field of law,
If you ask same question
Again and again
It gives different answers each time


Then he asked Younger Lama
To ask any one question again and again

Younger Lama thought it over
And then asked,
"What is the difference between
Kabir and Justice Kabir?
What is common between two?

Elder Lama replied,
Kabir was a poet
Justice Kabir is a Judge
Both are saints.

Younger Lama asked same question again,
"What is the difference between
Kabir and Justice Kabir?
What is common between two?

Elder Lama replied,
Kabir judged souls of human beings
Justice Kabir judged disputes of human beings
Kabir wrote poems
Justice Kabir wrote judgements

Younger Lama asked again,
But this time he changed his question slightly,

"What is the difference between
Justice Kabir and other judges?
What is common between them


Elder Lama replied,
Justice Kabir is Justice Kabir
Whereas none of other judges is Justice Kabir
This is the difference between them
They all dedicated their lives
To do justice, justice and justice
This is common between them.

Elder Lama then asked Younger Lama
To look at the range of snow clad mountain peaks
And to say,
What is common between all of them?

Younger Lama looked at the range of snow clad mountain peaks
And then replied,
"All of them are Beautiful
Some of them have more snow on peaks
Some of them have less snow on peaks."

Elder Lama said,
"In same way, souls of all judges are pure.
Some of them have more snow on peaks of their souls,
Some of them have less snow on peaks of their souls."

Haresh Raichura
10/3/13

Change of user- Different meanings in Rent Laws and Development Laws.

Change of user- Different meanings in Rent Laws and Development Laws.

Development of a city or area is governed by Development Laws. There, Residential Use and Commercial Use are defined.

Rent laws are about legal relations of landlord and tenant. There also Residential Use and Commercial Use is defined.

But change of user in rent laws may be permitted in some areas. But it does not mean that same kind of change of user will be permitted in Development Laws also

2011-13-SCALE -369 on 382

Haresh Raichura
10/7/13

If previous conduct of Judge creates likelihood of bias, he should recuse from hearing of Case

If previous conduct of Judge creates likelihood of bias, he should recuse from hearing of Case

Supreme Court has settled law on this Subject many times. (2011 -13- SCALE 352)

The law is well settled that a person who tries a cause should be able to deal with the matter placed before him objectively, fairly and impartially. No one can act in a judicial capacity if his previous conduct gives ground for believing that he cannot act with an open mind or impartiality.

The broad principle evolved by Supreme Court is that a person trying a case must be above suspicion of unfairness and bias.


Haresh Raichura
10/7/13

Duty is on citizens to approach different High Courts by filing PILs to enforce Supreme Court Guidelines

Duty is on citizens to approach different High Courts by filing PILs to enforce Supreme Court Guidelines

Supreme Court is a Guardian Institute of India. But there is a duty cast on citizens also to see that guidelines laid down by it. It is impossible for Supreme Court to collect data from all over India and to monitor it. Once it has laid guidelines, its job is over. It has declared a Law.


The guidelines declared by Supreme Court is law of the land under Art.141 of India.


If in any state, if such guidelines are not being followed, then there is duty on citizens to bring this to the notice of High Court by filing a PIL.


Such petition under Art.226 must say:

1) Petitioner is citizen of India.

2) He is filing this PIL to seek mandamus and directions against State authorities to follow guidelines laid down by Supreme Court.

3) The breaches of guidelines complained are reported in decision of Supreme Court in (Here cite case details)

4) From following documents and correspondence it can be seen that State authorities are not obeying guidelines (Here bring some Indisputable evidence to show that guidelines are not violated.

That's it. Thereafter it burden on High Court to see that Supreme Court guidelines are followed.

The duty is on citizens to put law into motion and to collect evidence to show that guidelines are not being followed.


Haresh Raichura
10/7/13

Is it illegal to propagate political agenda by opening bot accounts on Social Media? An answer:

Is it illegal to propagate political agenda by opening bot accounts on Social Media?


To me, the word "Illegal" means

" some thing which is prohibited by law or which is against some specific law."

If there is no law against propagating political agenda on social media by creating bot accounts, this cannot be said illegal.

This could be morally wrong. This could be in violation of some terms of contract between Social Media owners and users. But this is a different issue.

Haresh Raichura
9/7/13

In murder, without intention to kill,the courts have power to let go with fine only.. Few know this

In murder, without intention to kill,the courts have power to let go with fine only.. Few know this

This point is new to me also.

Today a Senior Advocate pointed out this to me. He said so many advocates and judges are not aware about this point.

He was on IPC Sec.304 part II.

Sometimes, quarrels take place. Even if there is no intention for anyone to murder any one, someone gets killed.

For example, in private defence, a little more power is used and someone gets killed.

The provision empowers court to punish with 1) Jail up to 10 years 2) OR Fine 3) or with both.

Thus, in deserving cases, the court can let go accused with payment of fine only.

This law is on book, but I think, courts use this power rarely.

Haresh Raichura
8/7/13

If police refuse to name some culprit in FIR, second complaint and FIR possible

If police refuse to name some culprit in FIR, second complaint and FIR possible.

In one case of dacoity and murder, complainant gave complaint to police that some of his relative had arranged this dacoity and murder because of some property dispute.

Police registered FIR only of Dacoity and murder but did not register FIR against the Relative who was supposed to be behind attack.

Complainant therefore went to court with a complaint, and Second FIR of same incident was registered against the Relative who was supposed to be behind attack. And it was also investigated jointly with earlier FIR.

The point is, if you feel that police has not registered proper FIR, you may move the court with appropriate complaint. This should be done at earliest.

This view is supported by case of Shiv Shankar Singh v. State of Bihar Criminal Appeal No. 2160 of 2011 dated 22/11//11

Haresh Raichura
8/7/13

People Power: Now anyone can file a PIL If MP or MLA if not vacating bungalow after term is over

Now anyone can file a PIL If MP or MLA if not vacating bungalow after term is over

It is in news today that Supreme Court has laid down guidelines that they have to vacate bungalow in one month as soon as term is over.

Directions/Guidelines are given to authorities to start proceedings if they do not vacate in time.

VAST IMPLICATION OF THIS JUDGEMENT


It means that if authorities are not starting steps for vacating bungalow, any public spirited citizen, as per advice of his advocate, can move High Court to direct authorities to take steps as per guidelines by Supreme Court. Because such guidelines are law of the land under Art.141

This has empowered people and has made Democracy stronger.

Haresh Raichura
5/7/2013

When Dying Declaration is recorded in language other than in language of deceased

When Dying Declaration is recorded in language other than in language of deceased

Below dying declaration, there should be endorsement that contents are explained in language known to disease.

Haresh Raichura
5/7/13

"Bail by Default"- When an accused has to be released on bail

"Bail by Default"- When an accused has to be released on bail by court.


The police is bound to complete investigation in 90 days in serious cases like murder and other serious cases, in lighter cases, they have to complete investigation in 60 days.


If they fail to file Chargesheet within this period, accused has to be released on bail.


Sec.167 of Cr.P.C

In Terror related cases, the law is different.

Haresh Raichura
4/7/13
Haresh Raichura

SC and HCs need to protect Police and CBI Officers in transfers and Promotion Matters

SC and HCs need to protect Police and CBI Officers in transfers and Promotion Matters

General law by High Courts and Supreme Court is "No Stay against Transfer Orders; No Stay against Injustice in Promotions


This rule is based on principle it that There is No Irreparable Loss . At the end of final hearing of case, if employee succeeds, he can be always compensated in terms of money or damages.

Stay in Transfer matter is also denied on ground that No one has right to serve at a particular place


There are rulings that If Malafide (Vindictive Injustice) is apparent, Court can grant stay. But this is illusion. Because in most cases Malafide or Vindictiveness cannot be proved nor can be proved in HC or SC on basis of affidavits.

There have been cases where honest officers are transferred 18 times in 18 months.. They do not come to challenge such orders because they have little hope for stay from HC or SC.

From National Scene as it is now emerging, it appears that if Police and CBI do not investigate as per wishes of political bosses, they are transferred at midnight.


The Law as discussed above needs to be changed if investigations are to be insulated against Political Interferences.


Service Law for other employees and Service Law for CBI and Police Officers cannot be equal. The duties of Investigative officers cannot be performed honestly unless they are protected in their service benifits.


Haresh Raichura
4/7/13

People suffer loss of millions of rupees for not paying few thousand rupees of consulting fees to lawyers.

Shocking True Facts: People suffer loss of millions of rupees for not paying few thousand rupees of consulting fees to lawyers.


A True Incident

I heard about this incident around 1982. A party was served with legal notice which demanded shares in valuable property.


He went a to leading lawyer who used to charge Rs.10,000/- for consulting for 10 minutes, in those days. After looking at notice, he advised party to "Do nothing. Do not give any reply."


The party followed the advised. It saved his property of millions of rupees. Any reply to notice could have revived "Limitation period" and party could have lost property in litigation.


Situation Today


Most litigants do not believe in paying consulting fees to lawyers.

They believe that lawyers are supposed to give free advice and they should charge fees only if some work is to be done.

So naturally, lawyers will not like to give "Do Nothing" type advice.


Many Examples


There are hundreds and thousands of such cases. It takes years before the matters reach supreme court. Most litigants never realise that their attitude of not paying consulting fees to lawyers was the root cause of their prolonged misery of litigation.


Proverb


Based on years of experience of people, there is proverb. "If you have stomach pain, you can go to any doctor. But if you have a legal issue, go to the best lawyer."


- Haresh Raichura
3/7/13

How a RTI Activist can save himself from death-threats? Some tips about immediate steps.

How a RTI Activist can save himself from death-threats? Some tips.

In last few years many RTI Activists are murdered. The tips given here are not full proof. Murder can still happen even if all precautions are taken.

If a RTI activist receives a death threat, it is entirely on him how to react and what to do. It is his/her life which is at stake.

The tips here are just ideas. These ideas can decrease or increase threat of his life. There is no way any one can predict. So read this post with reservation. Consult your friends before acting on any of the tips.


A
When threat is received

1) Threat does not necessarily come by letter or phone call. It can come by intuition also. Without any reason, a person begins to feel that that his life is in danger. This is telepathy. Do not ignore this feelings. These feelings are serious.

B
Examine your choices

2) If someone decides to murder someone, than no one can stop it. Police cannot protect anyone 24/7 for many months.

The options are a) To die with panic or b)To die with grace, by fighting back as much as you can.

The choice b) is better.

C

Rule of Game

3) It is not important who is trying to murder. It is not important how many are they and what plan they are planning. The important thing is "what happens in last minute". If knife goes in, it is murder. If you turn table on them at last minute, it is a no ball. They have to start again. What happens in the last minute is important. You have chance to save yourself till Last Minute.


D

Declare yourself mentally ill

4) Because no one will understand how your fears are serious. Just tell them that you have a slight mental illness and you fear that someone may eliminate you.


E

Take Actions

5) Avoid using phones. Change all your regular routes of going and coming. Cancel all Pre-scheduled programs. Because, whoever is planning murder, has to first decide "Place and time of Murder". It will be difficult for them if your movements are unpredictable.

6) Send Emails about this mental illness to 20 friends. Each email becomes evidence if murder takes place. If you have mentioned some facts, trail of murder can reach right at the doorstep of person who may be responsible for murder.


7) Here, take care if you have more than one serious enemies. You may be complaining in email about A, whereas it is B who may be after you. So think properly before making allegation.


8) Send emails to authorities, High Court, Supreme Court or to anyone. Just say that if your sudden death takes place in next six months, an inquiry under High Court directions may kindly be ordered.

No one is bound to respond to your request. But, you have also nothing to loss in making such emails.

9) And side by side, try to reduce the heat. Give up pursuing wrong people. Withdraw complaints and RTI applications whichever may be causing this trouble.

No harm in retreating. Even Lord Krishna is known as Ranchhod.


10) Lawyers and Judges can help you. But they would not likely to get involved in your troubles. They can help you in filing some petition. Judges can help by passing some order. But even judges may tell that no one can protect anyone forever. Everyone is on his own.

- Haresh Raichura
2/7/13

California Judge gives ruling that Yoga is Secular and can be taught in public schools. Are Indian Judges listening?

California Judge gives ruling that Yoga is Secular and can be taught in public schools.
Here is link were legal arguments are discussed about permitting Yoga in School.

Link to news
http://m.theglobeandmail.com/news/world/california-judge-allows-yoga-in-public-schools/article12915675/?service=mobile

Someone died in car accident? Here is 3-Step formula to count how much amount insurance company will have to pay.

Someone died in car accident? Here is 3 Step formula to count how much amount insurance company will have to pay.

This is for education purpose only.

When anyone dies in motor vehicle accident, Supreme Court has prescribed formula as per which, compensation can be calculated:


Step 1 : Find out three facts. A) age of person who died in a accident. B) Annual Income of diseased. Add if there is any additional incomes C) How many person lived on income diseased. - dependants.


Step : 2 : From the income B) deduct his/her own regular personal expanses as per chart below

1) Deduct 1/3 of income if there were 2 to 3 dependants
2) Deduct 1/4 of income if there were 4 to 6 dependants
3) Deduct 1/5 of income if there were more than 6 dependants.

After Deduction, the Net Annual Income will be X.


Step 3 : Now Calculate as per following formula:

1) For Age group of 15 to 25 : Multiply X Amount ( As per Step 2) with multiplier of 18. The end result will be compensation for loss of income of diseased.

2)For age group 26 to 30 years; Multiply X with 17

3) For age group 31 to 35 years : Multiply X with 16

4) For age group 36 to 40 years : Multiply X with 15

5) For age group of 41 to 45 years : Multiply X with 14

6) For age group of 46 to 50 years : Multiply X with 13

7) For age group 50 to 55 years : Multiply X with 11

8) For age group 56 to 60 Years : Multiply X with 9

9) For age group 61 to 65 Years: Multiply X with 7

10) For age group 66 to 70 years: Multiply X with 5


There are some other minor additions. But by and large above formula decides compensation payable by insurance company



- Haresh Raichura
2/7/2013

For Lawyers in motor accident cases: Today I may argue in SC to award value of work by housewife but..

For Lawyers in motor accident cases: Today I may argue in SC to award value of work by housewife but..

Supreme Court may not hear this argument:-

Because it it is not pleaded and nor asked before Tribunal or High Court. This is a mixed question of law and fact. SC may not allow this argument to be made first time in Supreme Court.


The deceased woman was mother of four child. Her salary as teacher was estimated at Rs. 10,500/- and compensation was paid on that basis.

The point is she was also contributing in house work, like cooking, housekeeping and growing four children.

After her death, husband will have to make alternative arrangement for this work. Which could cost him another about Rs.7000/- per month. This loss for rest of her life could have been asked in Tribunal. Then High Court and Supreme Court could have examined this question.


Haresh Raichura
2/7/2013