SC: Now, in every criminal case, Judge shd consider about awarding monetary compensation to victim

SC: Now, in every criminal case, Judge should consider about awarding monetary compensation to victim

Sec. 357 casts a duty on Judges to consider this aspect.

The Judgement is of 3/5/13 by SC.


Haresh Raichura
31/8/13

People waiting on Deathbed are not entitled to any Priority hearing of their cases in Courts

People waiting on Deathbed are not entitled to any Priority hearing of their cases in Courts.

The words "Law" and "Compassion" are often at war with each other.

When a person is on deathbed and when we give him a spoon of water in his mouth, we are doing and act of compassion.

When a criminal is being hanged, someone asks his last wishes and tries to fulfil it. This is also an act of compassion..


But the fact that a man is dying, is not a ground to take his case out of turn and hear him out in courtrooms. 

Such tragedies are mostly seen in Service Law cases and Property Cases.

An employee may have grievance that he is not given his rightful pension dues when he retired.

A person whose land may have been acquired compulsory 40 years ago and he may not have been given his rightful dues. He may be fighting his last battle of his life.

So they fight on till their last breath.

Criteria for granting early hearing to cases are based on "Importance of issues involved to public"


But there is no fix definition of what is important to public.

The examples of service matter and land matters given above are of persons fighting for few rupees.

The amount of their dues of few rupees may be nothing compared to cases were billions of rupees of stakes are involved.

Whatever may be the your views about Equality... the hard truth of life is: We are not equal.

The reasons are many.
The Judges are terribly understaffed.

Their available timeslots for hearing of cases are few.
They have to hear cases as per waiting turn of each case.

But sometimes, some issues are so compelling that they have to be given priority hearing.

So far as the person who is fighting for few rupees and justice is concerned.. and who may be over age 80, or who may be on deathbed.... Well, if he dies, his legal heirs will be joined and they will get dues if any due to the deceased. This is it. This is the Law.

The Compassion is sacrificed because of various other compelling needs of court.

The person on deathbed, really does not leave this world with good impression about our judicial system.

And of course, there are also no fast track courts for persons above age 80.

This hard reality.

There is little we can do for him but ro give him a spoonful of water when he may die.

This is our law as on today.

Haresh Raichura
31/9/13

For some time, I had seen a category of "Senior Citizens". But I am not much sure about it. This article is based on my general impressions which are mostly incorrect. 

Good, Bad and Worst implication of Hindu Marriage law amendment Bill #IrBM #Hindu

Good, Bad and Worst implication of Hindu Marriage law
amendment #IrBM #Hindu #Marriage #Amendment #Bill



1) Marriages, once which are solemnised as per Hindu Law or Special Marriage Act, will be difficult to be dissolved or to get divorce FREE.


There will be a price to be paid to wife and her family.

So think before you go in for marriage.


2) Some Insurance Company will come up with a plan, where in case of Divorce, Insurance company will pay the divorce decree amount. Good Idea. Insurance Companies should seize opportunity.


3) It will be hell in court, for poor people and lower and upper middle class to seek divorce....Neither marriage will reconcile,... nor they will be able to pay as per court's divorce decree.


4) Even if Marriage will break down irreparably, there will be no divorce without payment.

Husband who are unable pay will languish in wifeless life or they will keep concubines and will seek surrogate mothers to get children. These routes will be cheaper than price which may be fixed by court for divorce. In fact they will never file suits for divorce. They will so behave that wife will be forced to ask for divorce, where they will not have to pay anything.


5) Supreme Court, in two earlier judgement, asked law makers to improve marriage laws.

The law makers have made marriage laws worse and have tightened noose around neck of husband have given other hand of noose in hands of wife.


6) Do you know why people go to court to get divorce?

First they try to reconcile through relatives.

When boy, girl and matrimonial house are not compatible, they try to get divorce by mutual consent.

Here sometimes, demand by wife and her chachu or mamu, is just impossible to meet.

There is no way husband can pay even by borrowing.

Then, lastly, he goes to lawyer and files divorce suit. The point is :- If he is not in position to pay before filing of suit , how will he be able to pay when Judge asks him to pay even more amount at end of suit?

Imagine now the unfolding drama.

It is these people who are going to land in court. They will pay fees to lawyers in instalments.

On every date they will come in court looking like Devdas who is betrayed by Paro.

Every date they will go back home singing sad songs.



The life of husband, wife and children will be spoiled. They will carry trauma for their life.

And what will the Keepers of Law say?


The law makers will say, we left it to judges to pass just orders as per properties of husband and to speedily dispose divorce cases.

Judges will say what can we do when law casts on us a duty to ask for a pound of flesh from husband before giving him divorce!

Supreme Court will say what can we do?

You go to Parliament and change the law! Or tell us why Parliament has no power to pass this law!

We cannot set aside law on ground that it harsh or that it is likely to be abused. These are not grounds for striking down law!

Well, there you are!

Haresh Raichura
30/8/13

Inspiration for struggling Junior Advocates - Late Shri Suresh M. Shah, Advocate

Inspiration for struggling Junior Advocates - Late Shri Suresh M. Shah, Advocate Gujarat High Court

A lawyer's life is a journey of experiences. You may start from a hut and you may reach to castles of Gold.

How?

Well, I saw such qualities in Late Shri Suresh M. Shah, advocate of Gujarat High Court.

He recently passed away at age of 82. Till last, he continued to work and argue in courts.

From Rajkot he shifted to Ahmedabad. To practice in High Court.

Small house. Low rent. No place to read. A lawyer is feeble if he does not read cases. He has to have a place to read.

The house had a roof. He used to climb on roof and read on roof.

Here, you can see two rules of success. 1) A lawyer who does not read, does not have a grip on his case. He is a feeble warrior in court 2) Lawyer must read, however adverse conditions may be. It is no use to give excuse that you have no office where you can read. It is no excuse that you have small house and there is no space in house to read case. There will always be a roof where you can climb and read.

In early years he concentrated only on cases civil revisions and appeals arising from civil suits. He focused here. Here there are only interim orders to challenge. No party loses no wins. Whatever be the result of his case, main case will be still going on in High Court.

Soon he became master of Civil Revisions. People begin to know him as such. Here, his third law of success can be seen:- 3) Be master in any one branch of law. Take so many cases in this branch of law, that others can start looking at you as master.

4) His fourth rule was never skip your meal. Court life is hectic. Sometimes lawyers have so much tensions and conferences, that they either skip meal or they take it late after court work is over. This leads to diabetes and other problems in life of advocates. So rule is, you may be a big and busy advocate. Fine. But never skip your meal.

5) Someone once told me that everyday after court work, he will go in Registey of High Court to see that necessary steps are taken in his "Not Urgent Today Matters". This rule has tremendous benefit in legal practice. But not all advocate can do this. Most of all are concerned with "Matters to day on board", "Matters where deadline is passing", "Clients who are waiting for conference".

We seldom allot a fix time to go in Registry to look into "Matters which are not board and which are not urgent"

To avoid procrastination, he had a simple rule 6) Do a thing as soon as it comes to mind. 

He had many other good qualities. But I interacted him for few years only. I knew that the Judges used to fear his knowledge. I saw that judges used to feel insecure when they see him appearing in case.

Today his work is being carried by his son Mehul S Shah in Gujarat High Court.

Haresh Raichura
29/8/2013

Fear of "Being Unconventional in lower court judges" #Wife cases #Corruption cases

Fear of "Being Unconventional in lower court judges"

All lower court judges are under direct supervision of High Court.

There is an Administrative Judge who gets reports on all judges of lower court through District Judges.

Their speed of disposal is repeatedly checked. Their quality of judgements is checked.

On basis of this they are given grades like good, average, very good.

On these remarks, their future, their promotion hangs.

They have a hidden fear of "Being unconventional"

Suppose a case comes before them where he can see that woman is completely lying. She deserves no mercy. Husband is soft person who is exploited by wife.

Yet, most probably, he will give judgement in favour of wife. If he dismisses case of wife, he will be unconventional, "going against wind".

Same in cases of corruption Act. He sees that there is not good evidence against accused. Yet, probably he will convict the accused.

If he acquits accused, he will be "Unconventional" judge going "against the wind".

Such judges in lower courts suffer a lot and are often denied promotions because of unconventional judgements.

This kills creativity and job satisfaction in trial court judges.

Desire to give some new judgement dies. They then work mechanically.

Sad. This my word for them.

Haresh Raichura
29/8/13

Reasons: Why judges often say "Really a bad case. But we can't help"

Reasons: Why judges often say "Really a bad case. But we can't help"


There are case where gross injustice done to a party is visible on the records of case. But there is little which a judge can do to help the victim.

Though he may wish to give judgement in favour of victim, he cannot give.

These are "Really bad cases".

Hands of judges are tied by various "Do" and "Don't Do" guidelines laid down by law and by superior courts.

In some cases, law or evidence or facts are so skewed up that they cannot be straightened up.

Here judges are helpless.

The litigants who do not understand positions of law, leave court with feeling that "There is no justice in courts"

Other Side Argument

There are some powers with Supreme Courts and High Courts which give them power to pass any orders not withstanding whatever the law or evidence etc may be.

They have almost kingly freedom to pass any order to do justice.

But this powers are rarely used by them.

Use of such power often exposes judges to allegations by rival parties.

The judges are reluctant to use such divine power which they are given.

They need to be stronger when justice is to be done.


Haresh Raichura
29/8/12

Is new Hindu Marriage Bill unconstitutional in some part - My view is yes.

Is new Hindu Marriage Bill unconstitutional in some part - My view is yes.


A..First know these FOUR Legal Principles

1) This is an Amendment. An amendment can be struck down by Court ...if it goes beyond the scope of Main Act.

2) Discrimination based on sex is prohibited under Constitution unless it is for protection of a weaker class. If it is shown to court that there is discrimination on basis of sex in favour of "Women who are not financially or otherwise weak", then law can be struck down as "Discriminatory on basis of Sex" to that extent.


3) Law can be struck down if it is shown that it is excessively vague. Vagueness breeds arbitrariness. Too much power in hands of judges without any guidance about how to use this power is arbitrary and it can be struck down.


4) If Act provides to doing of an impossible thing, that part of the Act can be struck down.


B... Now Let us see how fat this new amendment is hit by above four principles


1) This bill is prepared under moral pressure of Supreme Court. Supreme Court pointed out two lacuna in Hindu Marriage Act which needed to be addressed by Parliament.

The Two Lacuna Were:-

A).. When husband and wife files case for divorce by mutual consent, they are asked to wait for six months. After 5 months and 25 days, wife turns around and says she is withdrawing her consent. The husband then cannot get decree of Divorce. He is remediless. So Supreme Court suggested Parliament to amend law to help husbands.

This is now done by Parliament. No problem'. This is ok.

Second Lacuna was:

B) There are many grounds under which husband and wife can apply for divorce- like cruelty etc.

But suppose for some reasons parties find themselves just incompatible with each other. Then the marriage gets break down irretrievably.

Earlier Hindu Marriage Act, did not provide for ground of divorce for "Irretrievable Breakdown of Marriage.


So Supreme Court suggest that such a ground should be added in ground of Divorce.

So Parliament has added this ground. No problem.


So far so good. But then the Bill makes provisions that Husband (Only Husband) cannot get divorce on On This or Any-other ground mentioned in main law, unless he gives Finnancial Compensation to wife


This is where the Bill 1) goes beyond scope of an Amendment, 2) It becomes sex discriminatory 3) And too much vague, As it placing arbitrary powers in hands of judges to refuse divorce without laying down any verifiable guidelines


C...NOW.. Some Arguments or Reasons to support above propositions or claims


1) Look at the object and reasons of the Amendment. (As per 2010) Bill) It had 7 paragraphs. In paragraph 1 to 6 it says that object of Bill is to remove two defects pointed out by Supreme Court....Suddenly in last 7th para,....it says that provisions is made to permit woman (Only woman) to oppose grant of divorce unless financial compensation is paid. There is not a whisper of object of such a provision in entire "Object and Reasons"


2) Any amendment which goes beyond scope of Main Act can be struck down.


Here, Under Hindu Marriage Act already has provision for granting permanent alimony to divorced wife . There are procedures. The new provision, nullifies and makes redundant all earlier provisions regarding permanent alimony.

Thus the Amendment goes beyond the main Act, and hence liable to be struck down. In other words in guise of amendment, it overrules other provisions in main Act.


Secondly, apart from Breakdown of marriage, there are many other grounds under parties can get divorce.


This Amendment says even on those ground, like cruelty etc..Court will refuse to grant divorce unless Financial Compensation is made.

This certainly goes beyond what Supreme Court had suggested, it goes beyond object of Bill and it goes against the spirit of the main Act. It changes entire Hindu Marriage Act, under guise of Amendment


3) Vagueness in the provisions .. Law should be clear so that parties can act accordingly.
Here Court is asked to refuse divorce on any or all of following grounds: ( As in original 2010 Bill)

A) For conduct of parties to marriage

B) interests of these parties,

C) Interest of any children

D) interest of ANY OTHER PERSON concerned

E) If court thinks that it is WRONG to give divorce ( Mark here, words like wrong, right, good, bad are not supposed to be used in laws. They are vague and incapable of being objectively verified)

F) Court can dismiss petition of HUSBAND ONLY on above ground A to F or can stay case in limbo till husband is ready to comply with demands made by wife.

Now 4 the Principle:

If law asks to do any thing impossible, the law is bad to that extent.

Here law asks the Magistrate to consider properties of husband which he may inherit in future. This is not legally possible. No one knows, the husband may not inherit anything.

Secondly, so far as husband's own property is considered, to deprive him of this property, special law is required. This can't be done by way of a Pre condition for divorce.




I am of firm opinion that many parts of above amendment bills are Unconstitutional. This view is based on Internet material and may be inaccurate. Please check exact terms in bill.

Haresh Raichura

Note: Earlier there was practice that all proposed Bills were sent to President of Supreme Court Bar Association. The President would then circulate this Proposed Bill to leading members of Supreme Court Bar for their comments. And then comments were sent to Government. This healthy practise is not seen since many years.

Logic behind lesser punishment for under 18 - Explained in 1 min

Logic behind lesser punishment for under 18 - Explained in 1 min

1) Law says No punishment for age below 7 offenders.

2) Offenders below age 18 have chances to reform and can be rehabilitated. Hence maximum punishment 3 years in Juvenile reform jails.

3) After age 18, no chance to reform. Faculties of brain are fully developed and have become crime oriented. Hence punishment for Life -Jail or death as per intensity of crime.

You may agree or disagree, but this seems to be the law at present.

Haresh Raichura
27/8/13

Latest law about determining age of Juvenile Criminals - Explained in 1 min

Latest law about determining age of Juvenile Criminals - Explained in 1 min

1) As soon as a accused is first time brought before Judge, the judge will look over at him. If accused looks young or juvenile, it is his duty to cause an inquiry.

2) If matriculation certificate shows date as more than 18, end of matter.

3) If Matriculation certificate is not available, Judge will call certificate from Municipal Body from its birth record certificates

4) If no certificate available from Birth Register of Municipality, then he will call register entry of birth date from First Attended School ( But not Play School)

5) If none of above is available, he will ask Medical Board to give opinion about age of accused by conducting bone test etc.

This is it.

Did reading this article took more than 1 min?


Haresh Raichura
26/8/13

Importance of Identification Parade in cases of Gang rape.

Importance of Identification Parade in cases of Gang rape.

After the accused are arrested, an identification parade is arranged before District Magistrate or such other officer.

Accused are mixed up with other similar looking persons. Out of this lot, victim identifies the persons who committed rape on her. This is called Identification parade.


The evidence of this identification parade is part of evidence in case.


But, in some cases victim may not be in position to be present for such identification parade. She may be too frightened. May have gone to other village to relatives. Etc.


But in such cases, absence of such identification parade, does entitle accused to get acquittal. The accused can still be convicted on basis of other evidence.


(Such was the substance of SC case in Criminal Appeal No. 109-110 of 2011
Justice Dr. B. S. Chauhan and Justice Mr. S. A. Bobde)

Haresh Raichura
26/8/13

Crime not proved. Burden to prove what actually happened shifts to accused only after crime is proved.

Murder not proved. Burden to prove what actually happened shifts to accused only after murder is proved.


In this particular case death had happened in house. But prosecution failed to prove that death was due to murder.

Yet the trial court convicted accused on the ground that they failed to explained why they did not took lady for medical treatment. The trial court also relied on some witness and circumstances..etc

The question was, was it duty of accused to explain and prove what had actually happenned?

SC held that the accused do have duty to prove facts which are in their special knowledge. But such burden shifts on them only after fact of murder is proved by prosecution side.

This is substance supreme court judgement in Criminal Appeal No. 232 of 2007 by Justice A K Patnaik and Justice Gyan Sudha Misra

Haresh Raichura
26/8/13

Several Cheques dishonoured. Several cases. Several sentences. Should all punishment run jointly?

Several Cheques dishonoured. Several cases. Several sentences. Should all punishment run jointly?

In this case, convicted person had issued several cheques. All these dishonoured.

Cases were filed separate for each cheque.

In each case he was sent to Jail.

The question was, whether accused should suffer all these punishment one by one or concurrently/ jointly?

If it is held to go side by side concurrent in each case, then accused can suffer only one sentence. Otherwise, he has to stay in jail for several years and should suffer punishment one by one.

Here, SC directed that all punishments to run concurrently, jointly, Side by side.

Ref: Criminal Appeal 837-851of 2013
Justice T.S. Thakur and Justice Guan Sudha Misra


Haresh Raichura
26/8/13

Prosecutor as well as Court has power to call any person as witness in any case.

Prosecutor as well as Court has power to call any person as witness in any case.

Powers of courts to do justice are not controlled by police or CBI. They may file case along with list of witnesses.

But thereafter the Court has power over the case. The Prosecutor has also power to decide whom should be called as witness and who should be dropped.

Two things may have happened.
1) Police may have examined a witness but it may not have cited as witness.

2) Some person may have seen crime, but police neither examined him nor cited him as witness.

In such cases, prosecutor as we well as court both have power to call them as witnesses.

The point is: The Court and Prosecutors are not helpless. Their powers are not limited by what police or CBI says..

Haresh Raichura
26/8/23

Can you apply to court to punish a witness who may have lied on oath in Court? Explained

Can you apply to court to punish a witness who may have lied on oath in Court?

Yes. But such application can be effectively considered only if Lie told by witness is obvious on face of record.

For example, a witness may be post graduate with special subject of Hindi.

But in court, during some case, he states on oath before judge that he has no knowledge of Hindi. He cannot read or write Hindi.

Well, here his lie is obvious. Court can be shown copies of his graduations in Hindi certificates. Court can easily see from papers that the witness was lying!

Then Court can take action for perjury. Punishment of jail for about two years for telling lie in court, on oath, before a Judge.


Haresh Raichura
24/8/13

When court declares a witness as "Hostile" or "Adverse", what are effects on result of case? Explained

When court declares a witness as "Hostile" or "Adverse", what are effects on result of case?

During investigation, before police or CBI, a person gives certain information to police. Police records this in writing. This helps police in solving crime.

Then to prove case, police cites this person as witness in court. Police assumes that the person will speak truth in court and will say the same thing in court.

But here there is time gap between when police recorded statement of witness and when this person gives statement in court.

In the meantime Four things might have happened 1) Witness may have been bribed to change his statement 2) Pressure may be on him to change his statement. 3) He may have actually forgotten what he said to police earlier. 4) And fourthly, there is possibility that witness may not have said at all what police is saying that he did say.

If any such thing has happened, then the witness may start saying a new story in court which may help accused in acquitting him.

At this stage, public prosecutor, seeks permission of court to declare this witness as hostile. Once court declares witness hostile, it is open to prosecution to grill this witnesses to prove that he is now lying in court to help accused.

The court is not bound to acquit accused, if witness turns hostile. But he has to be circumspect about what this witness is saying or hiding or lying.

Haresh Raichura
24/8/13

Lessons learned from a South Indian Friend

Lessons learned from a South Indian Friend.

I have a friend. From an paperboy to steno and then presently he has become  Jurist of International Court of Justice. His name is Gururaja Chari. You can find him Facebook. Somewhere also on this blog, I have written about his earlier struggle. 

The most important is, this man is simple and honest. He did not use any deception, tricks or dishonesty to reach summit of success. He proves that it is possible to reach success by hard work, simplicity and devotion. Even if the world around can be corrupt, you can still stick to honest paths. 

He further proved that even if you do not get any mentors to sponsor on the way, no problems, without any mentors you can reach success.

Here I propose to capture what I am trying to learn from him.

All the tips below are written in random order, primarily for my own review and learning.



1). Sit with paper and pray to God for guidance.  Start scribbling on paper as soon as some commands reach to you.

2) God does not give command to everyone. It takes time to trickles

3) D3 Formula Success

D = You must be determined.

D = You must devote time and energy 

D = You must be dedicated. 

All the three above must be related to some Target. 

Three Main Reasons: Why Supreme Court Judgements are losing their sanctity day by day

Three Main Reasons: Why Supreme Court Judgements are losing their sanctity day by day.

It would have been much much better if this article was written by some well known Senior Advocate of Supreme Court.

They are the lighthouses of Supreme Court. It is their duty to point out these reasons to Supreme Court.


1) Different views taken by different High Courts is no ground for admitting a case in Supreme Court.

In 1982, when I joined Bar, it was enough to point out to Supreme Court that two High Courts have taken different views. Supreme Court will admit matter and will lay down correct law which will then bind all High Courts.

Now, this is not sufficient ground to admit a case in Supreme Court.

Supreme Court can still refuse to admit appeal in Art.136 on facts of case.

As a consequent, uncertainty in law will prolong among different High Courts.

2) Once two Judges Bench of Supreme Court had taken a view, if another Bench takes opposite view, then Bench has to refer the case to three judges.

Now this is not certain. The Bench which takes opposite view can still dismiss case under Art.136 on some other factual grounds.

Consequently, a wrong message goes to litigants.


3) Some times a High Court lays down an incorrect law in a case where losing party is very poor and may not be in position to contest view of High Court in Supreme Court.

The party does not come to Supreme Court and Supreme Court has no mechanism to correct such incorrect orders/Judgements on its own/ SUO MOTO.

End of this short article.

This is one sided and incomplete view. This could be incorrect also. It is possible that my perceptions may be wholly misconceived.

My intention is only to strengthen sanctity of Supreme Court Judgements by giving some feedback about how we feel.

Haresh Raichura
22/8/13

In this way laws meant for benefit of labour workers, actually, in reality, work to disadvantage of workers

In this way laws meant for benefit of labour workers, actually, in reality, work to disadvantage of workers

Experienced Judges and Lawyers will tell you that almost all laws made for benefit of poor are in reality, operating against the beneficiary class.

Under Some State's Labour Laws, there is only one writ appeal possible to High Court under Art.227.

Thereafter, if worker feels that High Court has done some injustice, he cannot file appeal before two judges of same High Court. But his only remedy is to reach Supreme Court.

Upto High Court, workman may have been assisted by an advocate who may not have charged him more than expanses. Lawyer will postpone fees till workman gets his job and wages back.


But after High Court, workman will have to get entire labour court record translated in English.

The translation costs itself is beyond reach of many workman.

Here even pro bono lawyers cannot help him.

So many workers lose right to appeal because of translation cost factors.

Same is in the case of poor who are in jail. Lawyers may be available to help them but who will bear the coat of translations?

There are legal aid committees. But to many litigants, these are just rainbows in sky. They too have to work under state-supplied funds.

The problem is there for poor convicts who want to appeal to Supreme Court.

Suggestion : In Labour Matters, so far as workman is concerned, provision should be made for Intra-Court Appeal in same High Court.

Haresh Raichura
21/8/13

When PIL is maintainable in Service matters of Govt Employees->

When PIL is maintainable in Service matters of Govt Employees

General rule is, you cannot file a public interest litigations in service matters like suspension, transfer, terminations etc. The concerned employee himself or herself has to challenge such action.


There are two exceptions to this rule :


1) If a person is appointed without due process of law or if he is not holding required qualification which are required for holding a Govt post which has prescribed qualifications, then any person can file a PIL type Quo Warrantto writ to challenge his appointment.

Upon filing such writ, high court will issue notice to that govt servant to ask him under what authority of law is he holding that post.

2) Second exception is where a whole class of employee is suffering from continuous injustice regarding their service conditions, and where there is no adequate forum to get redressal of injustice, a PIL can be filed.

For example Judges Association Case and Advocate on Record Association Supreme Court Case etc. These related to service conditions and transfers of Judges.

Here, in such PIL, service law environment of an entire class of Govt Servants can be examined by Supreme Court or High Court.

Haresh Raichura
17/8/13

Imperfect Indian Laws: Grand parents have no legal rights to visit grand children

Imperfect Indian Laws: Grand parents have no legal rights to visit grand children.

We know that our laws are very imperfect. I see no institution in India or any NGO dedicated to work of grooming up laws as per needs of rapidly changing world.


One such flaw is regarding rights of Grand Parents to visit grand children.

If husband and wife have quarrels, they do battle for custody of child under various laws.

But so far as grand parents are concerned, they do not seem to have any legal right specifically granted to them under law to visit children.

Haresh Raichura
16/8/13

Reasons: Why Lawyers and Judges address each other as LEARNED FRIENDS? How you also become Learned

Reasons: Why Lawyers and Judges address each other as LEARNED FRIENDS? How you can also become LEARNED

There is a tradition in Courts. Lawyers and Judges address one another as Learned Brothers or as Learned Friends.

Suppose you are given a paper to read and than you are asked what this paper was about? What did it say?

If you can answer it correctly, it can be said that you have UNDERSTOOD it.

But then next step is to LEARN what you have understood.

If after a gap of some days you are again asked what did that paper contain, then if you can repeat again contents of that paper, the meaning of what the paper said, its implication, consequences etc.. then you have LEARNED it.

This is what lawyers and judges do everyday. It their office or at home they read and understand what the case is about it. Then they learn it.

Next time, whenever the case is called out, the lawyers and judges are in position to say what is the case about. What are the basic facts and what are the basic facts.

They have learned their cases. After the case is disposed, they do not need to retain this knowledge, so they unlearn the facts, but retain the knowledge about new law which they may have learned.

This is why Lawyers and Judges address one another as Learned Brother or Learned Friend.

Haresh Raichura
16/8/13

Demand by some to treat SC / ST Castes as DEEMED POOR for BPL Category is against Law Declared by Supreme Court

Demand by some to treat SC / ST Castes as DEEMED POOR for BPL Category is against Law Declared by Supreme Court.


If news reports in today's papers are correct, then some sections are lobbying with Government for Declaring all SC and ST Castes a Below Poverty Line.


Such a demand is against the law declared by Supreme Court.


The cases on this issues have been heard for months in Supreme Court.


Suppose a SC/ST person is appointed as IAS officer. Can his children seek benefits of reservations available to SC/ST Persons?


Supreme Court said "NO". It declared a principle called "Principle of Creamy Layer" and said that such persons are not eligible to benefits available to SC ST persons.


Under the Constitution of India, Law is what Supreme Court says.


It is not open to any government or any law making body to make any order or law which goes against what Supreme Court has declared.


It appears that such a demand made by some people to treat all SC ST people as Below Poverty Line, goes against the principle of Creamy Layer and hence liable to be struck down by Supreme Court and High Courts.


- Haresh Raichura
10/8/13

Incidents asking bribe for registering FIR may continue till large Bench of Supreme Court decides Lalita Rani Case

Incidents asking bribe for registering FIR may continue till large Bench of Supreme Court decides Lalita Rani Case

A man said his laptop got stolen from bus. Police recorded information but bluntly refused to register FIR without bribe.

Similarly, FIR is also needed when Driving license is lost/pick pocketed or when passport is lost, when sigbed cheques are lost, when signed blank documents are stolen. 

Even if Supreme Court Advocate's proximity card to enter Supreme Court is lost, an FIR is needed.

A question is pending before large bench of SC to decide whether police is bound to register FIR of every such crime information.

Until the question is taken up by large bench of SC and is decided, such complaints of asking for bribe for registering FIR may continue to happen.

The question is very serious. It affects mass of public. It is desired that uncertainty in law be settled at earliest.

Haresh Raichura
8/8/13

What is "ZERO NUMBER FIR"?

FIR means a complaint of a crime committed. It is also known as First Information Registration.

This is the basic document on basis of which investigation starts.

In every police station a Crime Register is maintained. Such FIR are registered and a number is given.

But suppose a crime has been committed in Ghaziabad and complaint is given in a Delhi Police Station.

Then, Delhi police have to register this complaint as ZERO NUMBER FIR and then it will have to forward it to concerned police station of Ghaziabad which may have power to investigate it. There, a new number will be given to FIR and investigation will start.

In same way, a crime may have happened in Calcutta and complaint can be given in a Mumbai Police Station. Then Mumbai Police Station will register it as ZERO NUMBER FIR and will forward it to Calcutta Police Station for investigation.

Haresh Raichura
5/8/13

Do you know that you can go in court and can make complaint ORALLY to any Magistrate?

Do you know that you can go in court and can make complaint orally to any Magistrate?

Yes. Sec 200 and 201 of Code of Criminal Procedure say that a complainant can give complaint to Magistrate orally or in writing.

Thereafter, Magistrate will start taking action on oral or written
complaint, as per procedure prescribed in those sections.

For more details, Plz check sections and case laws on it.


Haresh Raichura
5/8/13

At any given point of time, you have only power to Act or not to Act.

At any given point of time, you have only power to Act or not to Act.

You have no power over outcome of what you do or do not do. Though you can foresee outcome to some extent- but to foresee is a different thing.

We are talking about power. You can do a thing or you can restrain yourself from doing a thing. This is power. This is within you.

There are things you cannot do even if you want to do. These things are out of your power.

There are things which you want to stop doing. But you cannot stop doing. These things are out of your power.

If it is within your power to do a thing, it may also be within your power to when to do it. But this can be translated as "Power to not to do as of now".

In present moment, you have two powers. One power is to continue to read this. Another power is to discontinue reading just now.

Think over this. Try to look at things as if you have only two options. To do it now. Or to not to do it now.

These two powers can be handled with two powerful impeccable words. "I'll do this now" and "I'm not doing this as of now".

Once these words are spoken, they must release biological energies necessary to implement these words.

Haresh Raichura
5/8/13

#Durga is right. Here is SC order directing all states to prohibit unauthorised religious structure on govt land

#Durga is right. Here is SC order directing all states to prohibit unauthorised religious structure on govt land.

The Case by PIL is titled as Union of India Vs State of Gujarat & Ors and case number is SLP (Civil) No. 8519 of 2006 with W.P. (Civil) No.314 of 2010

For those who want to search judgement may search it on Google or on website : supremecourtofindia.nic.in


Haresh Raichura

SC Judgement: Very difficult to get evidence against Police in cases of custodial death/tortures

SC Judgement: Very difficult to get evidence against Police in cases of custodial death/tortures

SC has made above observation in case of Prithipal v Punjab 4/11/11

For those who have similar cases can get copy of Judgement by searching on Google or on Supreme Court Website.

Haresh Raichura

One Reason: Why IAS upright officers do not go to Courts to challenge their arbitrary TRANSFERS/SUSPENSIONS

One Reason: Why IAS upright officers do not go to Courts to challenge their arbitrary TRANSFERS/SUSPENSIONS


The service law is not supporting them. They are less likely to get stay orders from High Courts. And therefore do not think it wise to approach High Court against arbitrary orders of governments.

SERVICE LAW says three things:

1) No employee has right to work at a particular place. Therefore no stay in transfer matters.

2) No stay against suspension. Because there is no irreparable loss. If IAS officer succeeds in end, he can be compensated in terms of money.

3) The courts can grant stay in transfer and suspension matter only if, malafide or legal malice is seen in government action.
But this is very very difficult to prove from documents in courts.

Thus seems to be the disappointing laws at present. Such laws discourages upright and honest officers to go to court. They suffer injustice in silence.


Haresh Raichura
2/8/13


- Haresh Raichura

Are girls also responsible for Acid attacks or for murderous attacks on them by young ex lover boys? A view

Are girls also responsible for Acid attacks or for murderous attacks on them by young ex lover boys?

This is a serious question which Socio psychologists should try to answer and to suggest remedies.

The young age is a volatile age. The minds of boy can easily get infatuated by even casual smile from a girl.

Second and third smile, start putting all thoughts in mind of boy. In no time, he gets possessed by the charm of girl.

Ultimately, when reality comes, if boys and girls are not trained in problem-coping skills, acid attacks or self killing follows. The stories are tragic.

I have no authority to speak on subject. But in law, this is known as "Contributory Negligence".. Where victim is also responsible to some extent for happening of crime.

In Book of Mirdad, it is said that 'Murdered person' is as much guilty as the 'Murderer'... because he attracts murderer towards him and facilitates murder.

These are large questions. Some one need to give some answers.

Haresh Raichura
1/8/13

A soul while leaving a fragile body spoke thus : -

A soul while leaving a fragile body spoke thus : -

Today, my soul which is about to leave this body, spoke thus to me:

1) This land is land of God. Many diamonds are hidden under this land of God.

2) In sea, there are many oysters, and many pearls are hidden in their shells.

3) A Kasturi Mrig (deer), keeps wandering in jungle all its life in search of a special smell. This smell is actually hidden in its body itself.


4) "I do" and "I will not do" are not two things. This is one and same thing. Do not think these two separately.


(Free translation of a Gujarati folklore)

Haresh Raichura
1/8/13

Reasons: Why in most cases, Magistrates grant maintenance to wife and reject arguments of husband

Reasons: Why in most cases, Magistrates grant maintenance to wife and reject arguments of husband.

Let us take a general case. Wife has filed application against husband for maintenance.

Judge hears case of wife and finds that she is stating many false things, her demand is unjust, her conduct to her in laws is not fair. Her parents are interfering in her married life too much.

Then, Judge listens to Husband. He too is also telling many lies. His nature looks obstinate. He has not been kind to wife many a times. His parents are interfering in their married life too much and he is blind to faults of his parents.

Then, Judge listens to lawyer of husband who shows many judgement of High Courts, where maintenance to "Wife at fault" is denied.

Then, Judge pauses and reflects.

"Who else will pay maintenance to wife if not his husband?

There is no evidence that wife has any source of regular income. Someone has to pay for her maintenance. He cannot order that Parents should pay her maintenance. Because parents are not party to case and wife is not asking any maintenance from his parents.

The Judge asks himself again,

If husband will not pay maintenance to wife, then who else will pay?

Then he looks for evidence about income of husband, and passes some order about maintenance directing husband to pay maintenance.

Thus far the law looks good

Here is how the Law goes bad and it becomes abuse of law

1. There is no upper limit to how much maintenance a magistrate can order under Sec.125. Here the power of magistrate is only to order that amount which is sufficient to maintain her. If she wants more maintenance in accordance with high income of husband, only civil court has power to do so. But in many cases, Magistrates go beyond their powers and order lavish maintenance which is abuse of his power.

2) So far Supreme Court has not laid down any criteria to be followed by Magistrate while granting maintenance and for computing income of husband under Sec.125

3) Many times Magistrate forgets that the husband has also liabilities to maintain his parents, and brothers also.

4) Which party is at fault for break of marriage, is not given due weight. Because some of the things happen in bedrooms and homes, cannot be proved or disproved in court.

5) The husband can avoid order of maintenance under 125 if wife is serving and has some regular income.

But in many cases, wife gives up her job just before filing case and pretends that she is jobless. This pinches the husband.

But the question which bothers Judge is "If husband will not maintain his wife, then who else will?

She can't be left in a situation where she cannot maintain herself on her own.

She needs financial support, rightly or wrongly, till the dispute gets settled one way or other.

Till she remarries again to someone, or till Civil Court finally settles their disputes, she is entitled to maintenance.

This seems to be the law as present.

In some right case, Supreme Court may lay down guidelines to regulate power of Magistrate to grant unlimited amount of maintenance to wife.

Haresh Raichura
1/8/13