When Justice G.S.Singhvi ( 2G Judge) was a lawyer
One day, in morning a wretched looking man knocked at his door.
He was turned out from his job. Probably he was a fourth class employee.
He had no papers. No termination order, no appointment order, nothing.
And he had no money.
He, his wife and four children were now on road.
The lawyer gave him food. Then he wondered how to draft case of this man without any papers? How to help this man?
He filed a petition. Next day it was listed in court for hearing.
Judge said,"There is nothing in your case."
And then judge looked at lawyer for a response.
"Sir, this man has really suffered injustice. Please call the govt officer with service file of this man and see for yourself." Lawyer humbly said.
Judge had a impression about this lawyer. This lawyer was meticulous, painstaking and did not make worthless arguments.
The impression worked.
The Judge passed order and called govt officer with file of the man on next date.
On next hearing, the file showed that the man was illegally turned out. Govt order of termination was set aside.
The Man got his job back.
Many many years later, this man wrote a letter to lawyer, addressing him as his God.
(Story overheard at a function)
Haresh Raichura
27/9/13
September 27, 2013
A Chartered Accountant who gives away all his income to a charitable trust.
A Chartered Accountant who gives away all his income to a charitable trust.
In Ahmedabad, next to office of my Senior Advocate, there was an office of a Chartered Accountant. He had about staff of 20 people working in his firm. His office looked always busy.
One day, my Senior Advocate late Shri Vasant Desai, told me a secret about this Chartered Accountant.
He drew only fixed, minimum monthly salary from his firm. Rest of the income of firm used to go to a charitable trust.
I have today forgotten his name, otherwise, I might have mentioned it.
Haresh Raichura
27/9/13
In Ahmedabad, next to office of my Senior Advocate, there was an office of a Chartered Accountant. He had about staff of 20 people working in his firm. His office looked always busy.
One day, my Senior Advocate late Shri Vasant Desai, told me a secret about this Chartered Accountant.
He drew only fixed, minimum monthly salary from his firm. Rest of the income of firm used to go to a charitable trust.
I have today forgotten his name, otherwise, I might have mentioned it.
Haresh Raichura
27/9/13
Will was typed in double space, one page. Last lines typed in single space. Court disbelieved will
Will was typed in double space on one page. Last lines typed in single space. Court disbelieved will.
After a person dies leaving a Will giving properties to his or her heirs, if there is dispute, probate proceeding starts.
In this proceeding, it is duty of court to form an opinion, whether a will is genuine or fake.
When signature of deceased is obtained at end of page, and then lines are typed above it is possible that last lines may have to been crushed together to complete writing above signature.
Then court will be suspicious. It can examine other circumstances also and then can disbelieve will.
Haresh Raichura
27/9/13
After a person dies leaving a Will giving properties to his or her heirs, if there is dispute, probate proceeding starts.
In this proceeding, it is duty of court to form an opinion, whether a will is genuine or fake.
When signature of deceased is obtained at end of page, and then lines are typed above it is possible that last lines may have to been crushed together to complete writing above signature.
Then court will be suspicious. It can examine other circumstances also and then can disbelieve will.
Haresh Raichura
27/9/13
September 26, 2013
Learning 3 things from Justice A. P. Ravani, a former judge of Gujarat High Court
Learning 3 things from Justice A. P. Ravani, a former judge of Gujarat High Court
Many good things can be said about this simple humanitarian judge. But this is only a short note.
1) Before he became a judge, he was advocate in Gujarat High Court. I have heard that lawyers who came from districts to brief him, used to lunch at his home also. Hospitality is famous in, we the kathawaris. Atithi Devo Bhav:
2) He was a bold judge. Judged without fear or favour. I like his one judgement most. ( Most lawyers will not like this judgement). An editorial in a local newspaper said, " Lawyers are Kajiya Dalal - Dispute brokers".
Lawyers filed defamation case against editor. Case came to his court. He said there was no defamation. Even Shakespeare said, "All lawyers are liars". These are class opinions. Not defamation.
3) His third quality I like most was simplicity of life. After retirement, once he had came to my residence in New Delhi when I was living in Gujarat Vihar.
At that time, I had 4 telephones.
He asked, why so many phones? I said, to impress Supreme Court clients, one need to have 4 telephones. He disagreed. He said, "We belong to a generation which will not use an inland letter, if a post card will serve purpose." He did not believe in vanity.
I agreed with him. But today I have 3 landline phones 7 mobile phones. I think our expensive lifestyle forces us to become needy and greedy.
Haresh Raichura
26/9/13
Many good things can be said about this simple humanitarian judge. But this is only a short note.
1) Before he became a judge, he was advocate in Gujarat High Court. I have heard that lawyers who came from districts to brief him, used to lunch at his home also. Hospitality is famous in, we the kathawaris. Atithi Devo Bhav:
2) He was a bold judge. Judged without fear or favour. I like his one judgement most. ( Most lawyers will not like this judgement). An editorial in a local newspaper said, " Lawyers are Kajiya Dalal - Dispute brokers".
Lawyers filed defamation case against editor. Case came to his court. He said there was no defamation. Even Shakespeare said, "All lawyers are liars". These are class opinions. Not defamation.
3) His third quality I like most was simplicity of life. After retirement, once he had came to my residence in New Delhi when I was living in Gujarat Vihar.
At that time, I had 4 telephones.
He asked, why so many phones? I said, to impress Supreme Court clients, one need to have 4 telephones. He disagreed. He said, "We belong to a generation which will not use an inland letter, if a post card will serve purpose." He did not believe in vanity.
I agreed with him. But today I have 3 landline phones 7 mobile phones. I think our expensive lifestyle forces us to become needy and greedy.
Haresh Raichura
26/9/13
September 25, 2013
Two Lama's Tribute to former Supreme Court Judge Justice A. K. Ganguly
An imaginary piece
Inspired by
Hon’ble Mr. Justice A.K.Ganguly
In the mountain of Tibet
Elder Lama explained to Younger Lama
Power of Metaphors
And explained that
Metaphors can capture
A sea of information
just in few words.
Younger Lama asked,
Which are the Metaphors
Which can describe Justice A.K. Ganguly?
Elder Lama replied,
He is an iceberg, a catalyst and a farmer.
An Iceberg, because whatever is visible about him
Is just a tip of an iceberg.
His simplicity hides depth of his knowledge.
A Catalyst, because in his presence,
Things began to move on their own,
Even persons who may be hostile to each other,
May start talking amicably in his presence.
A Farmer, because he believes in sowing seeds
For future generations.
Many of his judgments and orders
Are seeds which are sown.
Only after some years,
People will be able to see trees
At places where he has sown seeds.”
(2)
Younger Lama asked again,
“Tell me why he was leaning towards
Junior advocates?
It looked as if he was trying to teach them?”
Elder Lama relied,
“All human beings have an instinct
Called Instinct of Legacy.
When a Supreme Court Judge is retiring,
He is retiring from a summit.
The knowledge which he has accumulated so far,
Is going to be of little use hereafter.
He looks around to see
Where he can leave his Legacy.
Junior Advocates are his first choice.
Because they are
The Future Supreme Court of India.”
Elder Lama explained.
Haresh Raichura
Uploaded on 25/9/13
Learning 3 things from Senior Advocate V. A. Mohta
Learning 3 things from Senior Advocate V. A. Mohta
He is now a leading Senior Advocate in Supreme Court. Earlier he was a judge in Mumbai High Court.
I learned three main things from him during various matters when I had engaged him as Senior Advocate.
1) How to turn judge into your friend.
He said, if you want some help of judge, you should say it first, in the beginning itself, before opening a case. Not after arguing or starting a case.
If you point out your difficulty in the beginning of case, judge becomes friendly to you and helps,... however loudly other side may oppose. !
I used this tip in practice also. Once, I had matter before a Judge who was likely to dismiss my case. He was also not giving any adjournment to anyone on any ground.
When my turn came, before he touched his file, I said, "My Lords, I have forgotten my spec at home."
He helped, adjourned the case without my asking for adjournment.
Later bench was changed and I won case before another judge.
2) For every case he read, he used to make a T CHART.
A T Chart means, divide a page into two parts. On one side write strong and weak point of one party. On another half of paper, write strong and weak points of opposite side.
This makes you objective. You know where you actually stand and what arguments are possible.
This is a good analytical process.
3) I had a difficulty. Every time a client comes to me, he asks, how much were chances of winning his case in Supreme Court.
I had difficulty in answering this question.
I learned from him to say,
"Nothing sure about Supreme Court. Anything can happen."
He is right. In hopeless cases, I have won and in 100% sure cases, I have lost.
What appeals to conscience of Supreme Court judges when matter will be called, cannot be predicted.
Anything can happen in Supreme Court.
Haresh Raichura
25/9/13
He is now a leading Senior Advocate in Supreme Court. Earlier he was a judge in Mumbai High Court.
I learned three main things from him during various matters when I had engaged him as Senior Advocate.
1) How to turn judge into your friend.
He said, if you want some help of judge, you should say it first, in the beginning itself, before opening a case. Not after arguing or starting a case.
If you point out your difficulty in the beginning of case, judge becomes friendly to you and helps,... however loudly other side may oppose. !
I used this tip in practice also. Once, I had matter before a Judge who was likely to dismiss my case. He was also not giving any adjournment to anyone on any ground.
When my turn came, before he touched his file, I said, "My Lords, I have forgotten my spec at home."
He helped, adjourned the case without my asking for adjournment.
Later bench was changed and I won case before another judge.
2) For every case he read, he used to make a T CHART.
A T Chart means, divide a page into two parts. On one side write strong and weak point of one party. On another half of paper, write strong and weak points of opposite side.
This makes you objective. You know where you actually stand and what arguments are possible.
This is a good analytical process.
3) I had a difficulty. Every time a client comes to me, he asks, how much were chances of winning his case in Supreme Court.
I had difficulty in answering this question.
I learned from him to say,
"Nothing sure about Supreme Court. Anything can happen."
He is right. In hopeless cases, I have won and in 100% sure cases, I have lost.
What appeals to conscience of Supreme Court judges when matter will be called, cannot be predicted.
Anything can happen in Supreme Court.
Haresh Raichura
25/9/13
Three things I learned from Senior Advocate Ramesh P. Bhatt
Three things I learned from Senior Advocate Ramesh P. Bhatt
He is a Senior Advocate in Supreme Court.
I have watched him conducting cases in Supreme Court since many years.
I have learned three things from him.
1) Enter in Court Room like a golf player.
A golf player judges direction of wind, speed of wind, possible obstacles on grounds and then strikes ball with a measured and calculated strength.
In each court atmosphere is different. Judge's moods are different. If earlier case has spoiled mind of judge, your case can too get spoiled. Who is opposing from other side and their strengths are factors to be taken into consider.
And, then you should frame your submission and submit it to Judges with necessary force.
This is his art of winning a case.
2) Difference between Identification and Involvement.
You should read a case fully and devote time for it. You should be familiar with every fact and law touching your case. This is called INVOLVEMENT
But when Judge is sending your client to jail, you begin to resist as if you are being sent to jail, this is not good. This is IDENTIFICATION
Avoid identification with your client.
3) In one Land Acquisition, he appeared from some clients. I represented some other clients.
After arguments were over, it looked as if my clients will lose case and his client will win!
But when Judgement came, it was reverse. My clients won and his clients lost.
Outside court in lobby, we interacted. He looked a little taken aback and sad.
I said, it is okay, we should not bother about results of case.
Then he said, "We too are human beings. We are bound to feel a little sad when unexpected results come."
It took me some months to understand his words. This is true.
We lawyers are also human beings.
We are bound to be affected when our client losses. We are bound to feel a little hurt.
This is a fact which every lawyer must accept.
Haresh Raichura
25/9/13
He is a Senior Advocate in Supreme Court.
I have watched him conducting cases in Supreme Court since many years.
I have learned three things from him.
1) Enter in Court Room like a golf player.
A golf player judges direction of wind, speed of wind, possible obstacles on grounds and then strikes ball with a measured and calculated strength.
In each court atmosphere is different. Judge's moods are different. If earlier case has spoiled mind of judge, your case can too get spoiled. Who is opposing from other side and their strengths are factors to be taken into consider.
And, then you should frame your submission and submit it to Judges with necessary force.
This is his art of winning a case.
2) Difference between Identification and Involvement.
You should read a case fully and devote time for it. You should be familiar with every fact and law touching your case. This is called INVOLVEMENT
But when Judge is sending your client to jail, you begin to resist as if you are being sent to jail, this is not good. This is IDENTIFICATION
Avoid identification with your client.
3) In one Land Acquisition, he appeared from some clients. I represented some other clients.
After arguments were over, it looked as if my clients will lose case and his client will win!
But when Judgement came, it was reverse. My clients won and his clients lost.
Outside court in lobby, we interacted. He looked a little taken aback and sad.
I said, it is okay, we should not bother about results of case.
Then he said, "We too are human beings. We are bound to feel a little sad when unexpected results come."
It took me some months to understand his words. This is true.
We lawyers are also human beings.
We are bound to be affected when our client losses. We are bound to feel a little hurt.
This is a fact which every lawyer must accept.
Haresh Raichura
25/9/13
How does it really help a lawyer to see original records of a criminal case. One example
How does it really help a lawyer to see original records of a criminal case. One example
It happened when I was practising in Gujarat High Court.
I was assigned a legal aid criminal appeal from a life sentence conviction and to defend a poor person.
I checked the record.
At end of trial, a judge has to ask accused, " Do you want to examine any witnesses for your defence?" If he says yes, the judge has to call and examine his witnesses and then only he can give judgement.
In this particular case, Judge asked accused if he wanted to examine defence witnesses and he replied, "Yes."
Then judge gave judgement and convicted and sent accused to life imprisionment in jail.
This was probably a bonafide mistake. The Judge should have asked him for name of his witnesses and should have examined those witnesses.
I pointed out this one fatal mistake in trial to High Court Judge. He agreed.
The judgement was set aside and trial court was directed to examine witnesses of accused.
Haresh Raichura
25/9/13
It happened when I was practising in Gujarat High Court.
I was assigned a legal aid criminal appeal from a life sentence conviction and to defend a poor person.
I checked the record.
At end of trial, a judge has to ask accused, " Do you want to examine any witnesses for your defence?" If he says yes, the judge has to call and examine his witnesses and then only he can give judgement.
In this particular case, Judge asked accused if he wanted to examine defence witnesses and he replied, "Yes."
Then judge gave judgement and convicted and sent accused to life imprisionment in jail.
This was probably a bonafide mistake. The Judge should have asked him for name of his witnesses and should have examined those witnesses.
I pointed out this one fatal mistake in trial to High Court Judge. He agreed.
The judgement was set aside and trial court was directed to examine witnesses of accused.
Haresh Raichura
25/9/13
Learning from Justice S B Majmudar, former judge Supreme Court of India
Learning from Justice S B Majmudar, former judge Supreme Court of India
He was a great judge. There is a reason for saying this.
A judge is supposed to Listen and Understand first. And then judge.
Justice Majmudar has a great skill in listening.
He would first listen what a lawyer has to say. And then he will paraphrase it and summarise in his own words and will ask lawyer, is this what he wanted to say? If lawyers says yes, this is what he wanted to say.
Then he will turn to other side lawyer and will listen to him in similar way.
After understanding both sides fully, then he will judge.
This is a great quality of a judge. This is what impressed me most about this judge.
Haresh Raichura
25/9/13
He was a great judge. There is a reason for saying this.
A judge is supposed to Listen and Understand first. And then judge.
Justice Majmudar has a great skill in listening.
He would first listen what a lawyer has to say. And then he will paraphrase it and summarise in his own words and will ask lawyer, is this what he wanted to say? If lawyers says yes, this is what he wanted to say.
Then he will turn to other side lawyer and will listen to him in similar way.
After understanding both sides fully, then he will judge.
This is a great quality of a judge. This is what impressed me most about this judge.
Haresh Raichura
25/9/13
September 24, 2013
Someone files false cases and drags up to Supreme Court: Suit for damages for abuse of process within 3 years
Someone files false cases and drags up to Supreme Court: Suit for damages for abuse of process within 3 years
If someone files false case and damages you and drags you up to Supreme Court.
Then you can file suit for damages after case in Supreme Court is over. Within 3 years. (My impression is, it should be filed within one year, though I have not yet cross checked it)
This is the purport of Gujarat High Court Judgement. (Suit for damages: 3 years after dismissal of SLP by Supreme Court ... AIR 1986 Guj 35 (48) )
Haresh Raichura
24/9/13
If someone files false case and damages you and drags you up to Supreme Court.
Then you can file suit for damages after case in Supreme Court is over. Within 3 years. (My impression is, it should be filed within one year, though I have not yet cross checked it)
This is the purport of Gujarat High Court Judgement. (Suit for damages: 3 years after dismissal of SLP by Supreme Court ... AIR 1986 Guj 35 (48) )
Haresh Raichura
24/9/13
Learning from Justice M. B. Shah, former Judge, Supreme Court of India
Learning from Justice M. B. Shah, former Judge, Supreme Court of India
Supreme Court Bar will never forget Justice M.B. Shah.
Integrity, honesty and the way a Judge deals with members of Bar leaves lasting impression on mind of lawyers.
I do not want to narrate here landmark judgements given by him. I only want to say whatever little I learned from him.
1) A widow was cheated out of land. For strange reasons, her lawyers kept losing in all courts.
When case came to me, there was 5 years delay. The case was hopelessly spoiled in courts below.
Fortunately, it came before Justice M B Shah.
Things changed. I was allowed to challenge one more order. The matter was admitted.
After some years widow got back his land which was worth about Rs.2 Crores.
2) When he was judge in Gujarat High Court, I argued a case before him.
I argued that it is unbelievable that a man will kill another person just for breaking queue before a tanker of drinking water.
He said, this was seventh such incident in this month.
Those were days of scarcity of water. People were killing others for turn in queue for drinking water.
This was a shock to me.
3) Once when he was presiding in Supreme Court. I was arguing a criminal appeal. I pointed out 100 defects in case.
He taught me, this is not the way to argue a criminal appeal. You should try to appeal to conscience of Judge.
This was a valuable lesson for me.
There are many other things for which I am indebted to his lordship.
But this is my short note.
Haresh Raichura
24/9/13
Supreme Court Bar will never forget Justice M.B. Shah.
Integrity, honesty and the way a Judge deals with members of Bar leaves lasting impression on mind of lawyers.
I do not want to narrate here landmark judgements given by him. I only want to say whatever little I learned from him.
1) A widow was cheated out of land. For strange reasons, her lawyers kept losing in all courts.
When case came to me, there was 5 years delay. The case was hopelessly spoiled in courts below.
Fortunately, it came before Justice M B Shah.
Things changed. I was allowed to challenge one more order. The matter was admitted.
After some years widow got back his land which was worth about Rs.2 Crores.
2) When he was judge in Gujarat High Court, I argued a case before him.
I argued that it is unbelievable that a man will kill another person just for breaking queue before a tanker of drinking water.
He said, this was seventh such incident in this month.
Those were days of scarcity of water. People were killing others for turn in queue for drinking water.
This was a shock to me.
3) Once when he was presiding in Supreme Court. I was arguing a criminal appeal. I pointed out 100 defects in case.
He taught me, this is not the way to argue a criminal appeal. You should try to appeal to conscience of Judge.
This was a valuable lesson for me.
There are many other things for which I am indebted to his lordship.
But this is my short note.
Haresh Raichura
24/9/13
+++ For Lawyers: Supreme Court new 17 guidelines about condoning delay in proceedings
+++ For Lawyers: Supreme Court new 17 guidelines about condoning delay in proceedings
Supreme Court has summarised law on this issue and has laid down 17 Categories for deciding delay condone application.
Case : Esha Bhattacharjee vs Mng Commitee Raghunathpur
Date 13.9.13
Civil Appeal no 8183-84 of 2013
(Anil R Dave and Dipak Misra JJ)
2013(11)SCALE 418 or on Supreme Court website
Haresh Raichura
24/9/13
September 22, 2013
Modification of bail conditions - Supreme Court
Modification of bail conditions - Supreme Court
While granting bail, Supreme Court or High Court may impose a condition on accused to mark their presence at nearest police station every 15 days.
Such conditions can be later waived or modified after sometime.
2013 (10) Scale 216
Haresh Raichura
22/9/13
While granting bail, Supreme Court or High Court may impose a condition on accused to mark their presence at nearest police station every 15 days.
Such conditions can be later waived or modified after sometime.
2013 (10) Scale 216
Haresh Raichura
22/9/13
September 21, 2013
Escaped by a thread from conviction under 304B - Suicide of wife within 7 years of marriage - SC
Escaped by a thread from conviction under IPC 304B - Suicide of wife within 7 years of marriage - Supreme Court of India
Law is clear. If suicide of wife due to cruelty happens within 7 years of marriage, conviction of 10 years jail under 304B.
In this case date of marriage was not proved. So conviction under 304B was set aside but conviction for cruelty was maintained by Supreme Court
2013(11)SCALE 122
Haresh Raichura
21/9/13
Law is clear. If suicide of wife due to cruelty happens within 7 years of marriage, conviction of 10 years jail under 304B.
In this case date of marriage was not proved. So conviction under 304B was set aside but conviction for cruelty was maintained by Supreme Court
2013(11)SCALE 122
Haresh Raichura
21/9/13
Detained wrongfully. He claimed damage of Rs.55 Lakhs. Notice under Sec 80 of CPC- Supreme Court
Detained wrongfully. He claimed damage of Rs.55 Lakhs. Notice under Sec 80 of CPC- Supreme Court
If a person is wrongfully detained, a person is entitled to claim damage to his reputation etc.
But before filing such suit notice under Sec. 80 of Civil Procedure must be given.
In urgent suits, suit against govt can be filed without issuing notice under Sec.80 of CPC by filing an application for waiver of such notice. Then decision of maintainability of suit depends on decision of this application.
So unless there is urgency, notice under Sec.80 of CPC is must before filing any suit against govt.
If a person is wrongfully detained, a person is entitled to claim damage to his reputation etc.
But before filing such suit notice under Sec. 80 of Civil Procedure must be given.
In urgent suits, suit against govt can be filed without issuing notice under Sec.80 of CPC by filing an application for waiver of such notice. Then decision of maintainability of suit depends on decision of this application.
So unless there is urgency, notice under Sec.80 of CPC is must before filing any suit against govt.
2013(11) SCALE 107 Kerala case.
Haresh Raichura
21/9/13
Haresh Raichura
21/9/13
Contracts: Any side can cancel contract unilaterally, but first notice should be given- Supreme Court
Contracts: Any side can cancel contract unilaterally, but first previous show cause notice should be given- Supreme Court
Sometimes, after signing a contract, it becomes difficult to continue contract. Contract Act provides that any one party can cancel contract unilaterally.
But previous show cause notice to other side must be given.
2013(11) SCALE 7 R. N. Nayak v K N N Ltd ( C K Prasad and V Gopala Gowada JJ)
Haresh Raichura
21/9/13
Sometimes, after signing a contract, it becomes difficult to continue contract. Contract Act provides that any one party can cancel contract unilaterally.
But previous show cause notice to other side must be given.
2013(11) SCALE 7 R. N. Nayak v K N N Ltd ( C K Prasad and V Gopala Gowada JJ)
Haresh Raichura
21/9/13
When ordinarily non-bailable warrant should not be issued- Supreme Court
When ordinarily non-bailable warrant should not be issued- Supreme Court
It said:
1) There can be no fixed formula.
2) It all depends of needs of society and facts.
3) Normally, non-bailable warrants should not be issues unless
- Accused liable to evade process of court
- When accused likely to temper with evidence
- When accused likely to hurt witnesses.
JT 2013 (12) SC 113 Vikas V. Rajsthan ( H. L. Dattu and M. Y. Eqbal JJ)
Haresh Raichura
21/9/13
It said:
1) There can be no fixed formula.
2) It all depends of needs of society and facts.
3) Normally, non-bailable warrants should not be issues unless
- Accused liable to evade process of court
- When accused likely to temper with evidence
- When accused likely to hurt witnesses.
JT 2013 (12) SC 113 Vikas V. Rajsthan ( H. L. Dattu and M. Y. Eqbal JJ)
Haresh Raichura
21/9/13
Court cannot rely on something not stated by any witness, nor cross examined.
Court cannot rely on something which is not stated by any witness, or on that which is not permitted to be cross examined by other side.
This is basic principle of law which Supreme Court has to reiterate often.
JT 2013 (12) SC 117 Ganga B case
Haresh Raichura
21/9/13
This is basic principle of law which Supreme Court has to reiterate often.
JT 2013 (12) SC 117 Ganga B case
Haresh Raichura
21/9/13
September 20, 2013
Daily quarrels happening family? Then read this
IPC Sec. 504 applies when Someone is insulting other to provoke in such a way that peace may be breached.
There were serious quarrels in one family. One part of family went to Magistrate and complained about daily insults and quarrels by other part of family.
Magistrate used powers under Sec 202 of Cr.PC and took cognisance of offence under IPC 504 and issued summons to other part of family.
Matter came up to Supreme Court.
Supreme Court confirmed order of Magistrate and said such complaints need not contain actual words of insult or all details. It is enough if Magistrate feels that such offence may have been made.
For details see 2013(10) SCALE 535, and on Supreme Court Website :Criminal Appeal No. 1231 of 2013 order dated 22/8/13
Haresh Raichura
20/9/13
There were serious quarrels in one family. One part of family went to Magistrate and complained about daily insults and quarrels by other part of family.
Magistrate used powers under Sec 202 of Cr.PC and took cognisance of offence under IPC 504 and issued summons to other part of family.
Matter came up to Supreme Court.
Supreme Court confirmed order of Magistrate and said such complaints need not contain actual words of insult or all details. It is enough if Magistrate feels that such offence may have been made.
For details see 2013(10) SCALE 535, and on Supreme Court Website :Criminal Appeal No. 1231 of 2013 order dated 22/8/13
Haresh Raichura
20/9/13
SC: Govt cannot acquire residential houses to give land to others commercial, residential or institutes
Supreme Court : Govt cannot acquire residential houses to give those lands to others for commercial, residential or institutes purposes.
2013 (10)SCALE 67
Haresh Raichura
20/9/13
2013 (10)SCALE 67
Haresh Raichura
20/9/13
Supreme Court: Gang rape victims.Not 2 Lakh but pay Rs. 10 Lakh compensation by State
Supreme Court: Gang rape victims.Not 2 Lakh but pay Rs. 10 Lakh compensation :State is asked, in peculiar facts of case.
The case was of two girls of poor families.
They were gang raped.
State Govt had paid Rs. 2 Lakh to each as compensation.
Supreme Court felt that 2 Lakh is on lower side. Asked Govt to pay Rs. 10 Lakh to each.
For details see 2013(10) SCALE 88 or on Supreme Court website Special Leave Petition Criminal No. 5019 of 2012 order dated 5/8/13
Haresh Raichura
20/9/13
The case was of two girls of poor families.
They were gang raped.
State Govt had paid Rs. 2 Lakh to each as compensation.
Supreme Court felt that 2 Lakh is on lower side. Asked Govt to pay Rs. 10 Lakh to each.
For details see 2013(10) SCALE 88 or on Supreme Court website Special Leave Petition Criminal No. 5019 of 2012 order dated 5/8/13
Haresh Raichura
20/9/13
Supreme Court Judgement which can help millions of workers in India
Supreme Court Judgement which can help millions of workers in India
At present labour laws are in mess.
If he is wrongly terminated, he has to fight for years without income. He suffers. His family suffers. His children suffers.
After 10 or more years, when he succeed, he is reinstated, sometimes with no back wages, sometimes with 20% back wages.
The law is now laid down that worker should get 100% full back wages for all those years he suffered, unless employer, proves that he was gainfully employed somewhere.
Deepali Gandu Case 2013 (11) SCALE 268 : Civil Appeal No.6767 of 2013 order dated 12/8/13 Justice G S Singhvi and Justice V Gopala Gowda
Haresh Raichura
20/9/13
At present labour laws are in mess.
If he is wrongly terminated, he has to fight for years without income. He suffers. His family suffers. His children suffers.
After 10 or more years, when he succeed, he is reinstated, sometimes with no back wages, sometimes with 20% back wages.
The law is now laid down that worker should get 100% full back wages for all those years he suffered, unless employer, proves that he was gainfully employed somewhere.
Deepali Gandu Case 2013 (11) SCALE 268 : Civil Appeal No.6767 of 2013 order dated 12/8/13 Justice G S Singhvi and Justice V Gopala Gowda
Haresh Raichura
20/9/13
September 19, 2013
"Deposit Rs. 1,00,00,000/- as condition for anticipatory bail", said High Court. Supreme Court said "No"
"Deposit Rs. 1,00,00,000/-as condition for anticipatory bail", said High Court. Supreme Court said "No"
The complaint FIR was filed about cheating IPC 420 etc.
Accused went to High Court to seek anticipatory bail. High Court granted Anticipatory Bail, subject to deposit of Rs.1,00,00,000/-
This order was challenged in Supreme Court. Supreme Court set aside this order as it was against the principles of anticipatory bail.
2013(11)SCALE 374
Haresh Raichura
19/9/13
The complaint FIR was filed about cheating IPC 420 etc.
Accused went to High Court to seek anticipatory bail. High Court granted Anticipatory Bail, subject to deposit of Rs.1,00,00,000/-
This order was challenged in Supreme Court. Supreme Court set aside this order as it was against the principles of anticipatory bail.
2013(11)SCALE 374
Haresh Raichura
19/9/13
Supreme Court directs all States to comply with Slaughter House guidelines
Supreme Court of India has directed all States to comply with Slaughter House guidelines
Earlier, directions were issued on 10.10.12, 9.7.13, 23.8.13 and now detailed directions given on 27/8/13.
Guidelines are about transportation of animals and slaughter houses.
Tamilnadu, Karnataka, Kerala, Delhi, Maharashtra and Utter Pradesh are also directed to report in three months.
WritPetition (Civil) 309 of 2003 Supreme Court order dated 27/8/13
Haresh Raichura
19/9/13
Earlier, directions were issued on 10.10.12, 9.7.13, 23.8.13 and now detailed directions given on 27/8/13.
Guidelines are about transportation of animals and slaughter houses.
Tamilnadu, Karnataka, Kerala, Delhi, Maharashtra and Utter Pradesh are also directed to report in three months.
WritPetition (Civil) 309 of 2003 Supreme Court order dated 27/8/13
Haresh Raichura
19/9/13
Sad victory: won a case in SC for a tenant who is in rented premises since 1968
Sad victory: won a case in SC for a tenant who is in rented premises since 1968
It was a sad victory. Landlord had rented shop in 1968 and had filed suit for eviction in 1974 on ground of subletting. He lost in trial court. Won in First Appeal Court. Lost in High Court.
Now he lost in Supreme Court also.
My wife Saroj and I were for tenant. We hand engaged Senior Advocate Fakkruddin. We won but I felt sad.
SC Judges also said that their sympathy was with landlord.
But fact remained subletting was not proved so there was no way Supreme Court can help landlord since subletting was not proved. There was no fault in High Court and trial court judgement.
Imagine frustration of Landlord.
But such is the law. And such are all laws. Almost all laws in India needs a re look by an empowered legal body.
The court decides on basis of what is proved and what is not proved. A litigant must engage a good advocate in first court who knows how to prove a necessary fact.
Haresh Raichura
19/9/13
It was a sad victory. Landlord had rented shop in 1968 and had filed suit for eviction in 1974 on ground of subletting. He lost in trial court. Won in First Appeal Court. Lost in High Court.
Now he lost in Supreme Court also.
My wife Saroj and I were for tenant. We hand engaged Senior Advocate Fakkruddin. We won but I felt sad.
SC Judges also said that their sympathy was with landlord.
But fact remained subletting was not proved so there was no way Supreme Court can help landlord since subletting was not proved. There was no fault in High Court and trial court judgement.
Imagine frustration of Landlord.
But such is the law. And such are all laws. Almost all laws in India needs a re look by an empowered legal body.
The court decides on basis of what is proved and what is not proved. A litigant must engage a good advocate in first court who knows how to prove a necessary fact.
Haresh Raichura
19/9/13
September 18, 2013
No compromise with merits. No reservation in Speciality, Super Speciality Course - SC
No compromise with merits. No reservation in Speciality, Super Speciality Course - SC
Supreme Court has said that there will be no compromise with merits. No reservation in speciality or super speciality courses in All India Institute of Medical Sciences.
This 5 Judge Bench decision is in Civil Appeal No 4500 of 2002 order date 18/7/13 Faculty Association of India versus Union of India
Haresh Raichura
18/9/13
Supreme Court has said that there will be no compromise with merits. No reservation in speciality or super speciality courses in All India Institute of Medical Sciences.
This 5 Judge Bench decision is in Civil Appeal No 4500 of 2002 order date 18/7/13 Faculty Association of India versus Union of India
Haresh Raichura
18/9/13
Service Law: Inquiry officer exonerates. But Disciplinary Authority partly punishes
Service Law: Inquiry officer exonerates. But Disciplinary Authority partly punishes
Then there are two requirements of Law
1) Disciplinary Authority should record reasons for disagreeing with inquiry officer
2) It must issue a second show cause notice.
Otherwise, prejudice may be caused and order of Disciplinary authority could be set aside.
SC: SP M v/s PNB in CA No. 5128 of 13 Dtd. 4/7/13
Haresh Raichura
18/9/13
Then there are two requirements of Law
1) Disciplinary Authority should record reasons for disagreeing with inquiry officer
2) It must issue a second show cause notice.
Otherwise, prejudice may be caused and order of Disciplinary authority could be set aside.
SC: SP M v/s PNB in CA No. 5128 of 13 Dtd. 4/7/13
Haresh Raichura
18/9/13
Supreme Court directions for prevention of Acid Attacks
Supreme Court directions for prevention of Acid Attacks
In a public interest litigation, in Writ Petition No.129 of 2006, Supreme Court has asked all States to enact rules to prevent acid attacks under Poison Act of 1919.
This case may be heard again in December 2013
Haresh Raichura
18/9/13
In a public interest litigation, in Writ Petition No.129 of 2006, Supreme Court has asked all States to enact rules to prevent acid attacks under Poison Act of 1919.
This case may be heard again in December 2013
Haresh Raichura
18/9/13
Few lines about book "Your personal guide to victory" written by Virender Kapoor
Few lines about book "Your personal guide to victory" by Virender Kapoor
This is not review or summary of the book. I liked book. Here is why.
It begins with Will Power. Unless you have strong will power, nothing can be accomplished.
All goals will remain unfinished.
So the book says, first you develop will power. Just as weight lifters develop their strength by first lifting small weights, ... that is the way will power can be developed. Then the book shows some simple methods.
This is the point I liked very much.
Haresh Raichura
18/9/13
This is not review or summary of the book. I liked book. Here is why.
It begins with Will Power. Unless you have strong will power, nothing can be accomplished.
All goals will remain unfinished.
So the book says, first you develop will power. Just as weight lifters develop their strength by first lifting small weights, ... that is the way will power can be developed. Then the book shows some simple methods.
This is the point I liked very much.
Haresh Raichura
18/9/13
September 15, 2013
"To be hanged" does not mean "To be hanged till death"- argued his lawyer.
"To be hanged" does not mean "To be hanged till death"- argued his lawyer.
This is an old story. In early days penal code described death punishment as "To be hanged"
A convict was sentenced to be hanged.
He was taken to the gallows. When he was about to be hanged, his lawyer took objection to Jailor.
He said, "Warrant issued by court only permits you to hang my client, but not to kill him..... You can hang him. But you cannot kill him or hang him to the death. If you do so, you may be held guilty of murdering my client.
Jailor looked again at warrant. It only said that "Convict was to be hanged"... It did not say that convict was "To be hanged till death".
Rumours say that there after law was amended and words "to be hanged till death" were added.
This is how the story is heard.
Haresh Raichura
15/9/13
This is an old story. In early days penal code described death punishment as "To be hanged"
A convict was sentenced to be hanged.
He was taken to the gallows. When he was about to be hanged, his lawyer took objection to Jailor.
He said, "Warrant issued by court only permits you to hang my client, but not to kill him..... You can hang him. But you cannot kill him or hang him to the death. If you do so, you may be held guilty of murdering my client.
Jailor looked again at warrant. It only said that "Convict was to be hanged"... It did not say that convict was "To be hanged till death".
Rumours say that there after law was amended and words "to be hanged till death" were added.
This is how the story is heard.
Haresh Raichura
15/9/13
September 14, 2013
Judge showed a Gold Pen and asked, Is this a pen or is this Gold?
Judge showed a Gold Pen and asked, Is this a pen or is this Gold?
Case was: How much custom duty was payable on Gold Pen. If it is treated as pen, lower custom duty was payable.
If it is treated as Gold, higher custom duty was payable.
Dispute reached the court. To solve the problem, judge picked up gold pen and asked lawyer, is this a pen or is this gold?
"It is a pen, My lord", replied the lawyer.
That settled the controversy.
Haresh Raichura
14/9/13
Case was: How much custom duty was payable on Gold Pen. If it is treated as pen, lower custom duty was payable.
If it is treated as Gold, higher custom duty was payable.
Dispute reached the court. To solve the problem, judge picked up gold pen and asked lawyer, is this a pen or is this gold?
"It is a pen, My lord", replied the lawyer.
That settled the controversy.
Haresh Raichura
14/9/13
Learning from Justice C. K. Buch
Learning from Justice C. K. Buch
Before he was elevated as District Judge, he was practicing as a leading advocate in Junagadh.
At that time, I had also joined District Court Bar.
One day he had told me, "If a two band radio tries to play third band , it cannot..... Same is with all of us..... Some of us are two band radios and some of us are three band radios."
He meant to say that when we compare ourselves others, we should know the difference between them and us also.
Their strengths could be different, their education and upbringing could be different. We should not mindlessly try to copy others.
Later he was elevated as High Court Judge. He had a style of delivering justice with smile. In his court, both sides felt that they have got right justice.
After he retired, he once told me about Stimulus and Response and our object behind response.
When some one provokes us to say or to do something.. This is stimulus.
Then we have a choice to give what type of response we give. We have also a choice to not to give response.
But we should not give response just for sake of giving response. There should be some larger object in our mind. We should know why we are giving Response.
These are some of the important lessons which I learned from him. These have become permanent part of my memory.
Haresh Raichura
14/9/13
Before he was elevated as District Judge, he was practicing as a leading advocate in Junagadh.
At that time, I had also joined District Court Bar.
One day he had told me, "If a two band radio tries to play third band , it cannot..... Same is with all of us..... Some of us are two band radios and some of us are three band radios."
He meant to say that when we compare ourselves others, we should know the difference between them and us also.
Their strengths could be different, their education and upbringing could be different. We should not mindlessly try to copy others.
Later he was elevated as High Court Judge. He had a style of delivering justice with smile. In his court, both sides felt that they have got right justice.
After he retired, he once told me about Stimulus and Response and our object behind response.
When some one provokes us to say or to do something.. This is stimulus.
Then we have a choice to give what type of response we give. We have also a choice to not to give response.
But we should not give response just for sake of giving response. There should be some larger object in our mind. We should know why we are giving Response.
These are some of the important lessons which I learned from him. These have become permanent part of my memory.
Haresh Raichura
14/9/13
September 13, 2013
Learning from a District Judge V. S. Moghe
Learning from a District Judge V. S. Moghe
He was District Judge around 1983 in Junagadh. I had just joined District Court.
I saw that there were so many touts moving in compound. There are rules that District Judge can prohibit entries of touts in court.
One day, with few junior advocates, I approached him with a representation to remove touts from court compound.
Here, he gave me a life- rule which I remember even today.
"Never kick in stomach of someone. Never kick in livelihood of some one. He will fight back with all his might"
I understood. Thereafter I never complained about any touts though I saw them in plenty in High Court and Supreme Court compounds.
They are unavoidable part of system.
Another thing which I learned from this District Judge was,
"Graces are no good things."
If you are getting something because someone is kind to you, this is not a good thing for you.
Haresh Raichura
13/9/13
He was District Judge around 1983 in Junagadh. I had just joined District Court.
I saw that there were so many touts moving in compound. There are rules that District Judge can prohibit entries of touts in court.
One day, with few junior advocates, I approached him with a representation to remove touts from court compound.
Here, he gave me a life- rule which I remember even today.
"Never kick in stomach of someone. Never kick in livelihood of some one. He will fight back with all his might"
I understood. Thereafter I never complained about any touts though I saw them in plenty in High Court and Supreme Court compounds.
They are unavoidable part of system.
Another thing which I learned from this District Judge was,
"Graces are no good things."
If you are getting something because someone is kind to you, this is not a good thing for you.
Haresh Raichura
13/9/13
September 12, 2013
Learning from a friend called M.N. Tandon
Learning from a friend called M.N. Tandon
M.N.Tandon is an advocate practising in Supreme Court. We often meet and discuss things in general.
He once said that a person should see that his main beliefs are made stronger.
He also believed in following principles.
1. You are not the doer.
2. You are not the deed
3. You are a mere witness to whatever is happening around you.
4. Two biggest dent in personality of a person are a) Fear 2) Greed. These eclipses his all good qualities.
Until these dents are removed, a person is not living freely
5) "You are not the Doer. When God wants you to do something, He will so arrange that you will act like puppet in His hand."
Haresh Raichura
12/9/13
He once said that a person should see that his main beliefs are made stronger.
He also believed in following principles.
1. You are not the doer.
2. You are not the deed
3. You are a mere witness to whatever is happening around you.
4. Two biggest dent in personality of a person are a) Fear 2) Greed. These eclipses his all good qualities.
Until these dents are removed, a person is not living freely
5) "You are not the Doer. When God wants you to do something, He will so arrange that you will act like puppet in His hand."
Haresh Raichura
12/9/13
September 10, 2013
Social Problems of Lady Advocates in Courts of Small Town and Small Villages
Social Problems of Lady Advocates in Courts of Small Town and Small Villages
I know a lady advocate. After becoming an advocate, she purchased uniform of advocates i. e. Black coat, white dress etc.
When she went inside court room, she found that she was the only lady advocate in court.
Imagine, how she must have felt. All male advocates and only one lady advocate.
Next day, she did not go to court. There were many problems.
Now imagine our Supreme Court. 30 Judges. Only two lady judges! Imagine problems of these two lady judges.
In big cities, there are always more than about 10 to 20 lady advocates. They can form their group and in some courts they are given ladies special bar room.
But the so far as lady advocates in small courts of towns and villages are concerned, the atmosphere is usually awkward for them.
Haresh Raichura
10/9/13
I know a lady advocate. After becoming an advocate, she purchased uniform of advocates i. e. Black coat, white dress etc.
When she went inside court room, she found that she was the only lady advocate in court.
Imagine, how she must have felt. All male advocates and only one lady advocate.
Next day, she did not go to court. There were many problems.
Now imagine our Supreme Court. 30 Judges. Only two lady judges! Imagine problems of these two lady judges.
In big cities, there are always more than about 10 to 20 lady advocates. They can form their group and in some courts they are given ladies special bar room.
But the so far as lady advocates in small courts of towns and villages are concerned, the atmosphere is usually awkward for them.
Haresh Raichura
10/9/13
September 9, 2013
Two Senior Lawyers who retired and who adopted a village to give selfless service
Two Senior Lawyers who retired and who adopted a village to give selfless service
People have bad impressions about lawyers. But large number of lawyers are very good people.
Years ago, I have seen two leading senior advocates in Gujarat High Court.
Both were at top in their career and were considered top lawyers of High Court.
One was B. R. Shah and another was Vasuben Shah.
One day they show new meaning in their lives.
They decided that they had earned enough money and now they wanted to serve the society.
They adopted a small undeveloped village of Gujarat.
They devoted their full time for the development of village.
And soon schools, hospitals and many developments began to change the village.
Such is their story of selfless service.
I have told this story for those who have not heard about good lawyers.
Haresh Raichura
9/9/13
People have bad impressions about lawyers. But large number of lawyers are very good people.
Years ago, I have seen two leading senior advocates in Gujarat High Court.
Both were at top in their career and were considered top lawyers of High Court.
One was B. R. Shah and another was Vasuben Shah.
One day they show new meaning in their lives.
They decided that they had earned enough money and now they wanted to serve the society.
They adopted a small undeveloped village of Gujarat.
They devoted their full time for the development of village.
And soon schools, hospitals and many developments began to change the village.
Such is their story of selfless service.
I have told this story for those who have not heard about good lawyers.
Haresh Raichura
9/9/13
Death is second part of contract between man and his God - Vijay Metchant
1) Death is second part of contract between man and his God.
2)Death should be kept a private affair.
Late Vijay Merchant was a famous Indian Cricketer.
After retiring from cricket he was active in social work.
He believed that there is contract between Man and God. By giving us life, God fulfilled His part. Death is the part of contract which man has to fulfil.
He was was also against processions which are taken out when some celebrity dies.
He believed that death and cremation should be kept a private family affair.
When he died, no procession was taken out.
His main motto were, Play The Game, Serve The Mankind, Charity begins at home.
Haresh Raichura
9/9/13
2)Death should be kept a private affair.
Late Vijay Merchant was a famous Indian Cricketer.
After retiring from cricket he was active in social work.
He believed that there is contract between Man and God. By giving us life, God fulfilled His part. Death is the part of contract which man has to fulfil.
He was was also against processions which are taken out when some celebrity dies.
He believed that death and cremation should be kept a private family affair.
When he died, no procession was taken out.
His main motto were, Play The Game, Serve The Mankind, Charity begins at home.
Haresh Raichura
9/9/13
About a SC judge who refused post retirement jobs.- Justice C. K. Thakkar
About a SC judge who refused post retirement jobs.
There may be many Supreme Court and High Court Judges who may have refused post retirement jobs.
But, I know one SC Judge, Justice C.K.Thakkar. I have heard that he was offered post retirement post of Chairman of National Consumer Commission, but he declined the offer.
He was from Gujarat. He had flourishing practice as a lawyer in High Court.
At that time I was a junior advocate. Once I went to his desk in library and asked him about his secret of success. He said, "Read, Read and Read."
In any court, or library, wherever I saw him, he was always reading some case papers.
Once, in canteen, I asked him, "I have heard that you are likely to be elevated to judgeship. Is it true?"
He replied,"No one knows what is going to happen tomorrow."
When he retired as Supreme Court Judge, he mentioned about sacrifice which his wife had to give for his judgeship.
His wife Madhuben Thakkar was also a flourishing advocate in High Court.
When Justice Thakkar was offered Judgeship, he consulted his wife,"If I accept judgeship, then you will have to give up law practice. Will you?"
Madhuben asked him, "If I were offered judgeship, will you be willing to give up law practice... ?"
Well, finally, Madhuben agreed to give up law practice and Justice C.K. Thakkar was appointed Judge of the Gujarat High Court.
Then he became Chief Justice of Bombay High Court. For brief time he also hold post of Governor of Maharashtra.
Later he was elevated as Judge of Supreme Court.
Haresh Raichira
9/9/13
There may be many Supreme Court and High Court Judges who may have refused post retirement jobs.
But, I know one SC Judge, Justice C.K.Thakkar. I have heard that he was offered post retirement post of Chairman of National Consumer Commission, but he declined the offer.
He was from Gujarat. He had flourishing practice as a lawyer in High Court.
At that time I was a junior advocate. Once I went to his desk in library and asked him about his secret of success. He said, "Read, Read and Read."
In any court, or library, wherever I saw him, he was always reading some case papers.
Once, in canteen, I asked him, "I have heard that you are likely to be elevated to judgeship. Is it true?"
He replied,"No one knows what is going to happen tomorrow."
When he retired as Supreme Court Judge, he mentioned about sacrifice which his wife had to give for his judgeship.
His wife Madhuben Thakkar was also a flourishing advocate in High Court.
When Justice Thakkar was offered Judgeship, he consulted his wife,"If I accept judgeship, then you will have to give up law practice. Will you?"
Madhuben asked him, "If I were offered judgeship, will you be willing to give up law practice... ?"
Well, finally, Madhuben agreed to give up law practice and Justice C.K. Thakkar was appointed Judge of the Gujarat High Court.
Then he became Chief Justice of Bombay High Court. For brief time he also hold post of Governor of Maharashtra.
Later he was elevated as Judge of Supreme Court.
Haresh Raichira
9/9/13
September 8, 2013
What is Advocate-On-Record System in Supreme Court? Explained
What is Advocate-On-Record System in Supreme Court? Explained
Any advocate registered in State of India can argue cases in Supreme Court.
But not all can file Vakalatnana or Power of Attorney as Advocate in Supreme Court.
For this Supreme Court takes one Advocate-on-record examination every year.
Only those advocates who have passed this examination of Supreme Court Procedures are allowed to file Vakalatnama in Supreme Court.
An advocate who has not passed this examination, has to engage an advocate on record.
More details can be found in Supreme Court of India Rules 1966
Haresh Raichura
8/9/13
Any advocate registered in State of India can argue cases in Supreme Court.
But not all can file Vakalatnana or Power of Attorney as Advocate in Supreme Court.
For this Supreme Court takes one Advocate-on-record examination every year.
Only those advocates who have passed this examination of Supreme Court Procedures are allowed to file Vakalatnama in Supreme Court.
An advocate who has not passed this examination, has to engage an advocate on record.
More details can be found in Supreme Court of India Rules 1966
Haresh Raichura
8/9/13
Why Law is called ASS? Two possible examples
Why Law is called ASS? Two possible examples
I am not aware about the origin of phrase Law is an ass, nor I am aware since how many centuries this phrase is in use.
But I think the following two may be possible reasons.
Example One:
In an ancient war, a soldier was hurt. An arrow was stuck half in his head.
He went to External Doctor. External Doctor, cut and removed arrow so far as it was visible outside.
But he did not remove that part of arrow which had gone in head.
He said, this is job of internal doctor. Internal Doctor will remove that part. He forwarded soldier to Internal Doctor.
This is the story in many legal cases. Each Court has well defined jurisdiction or boundaries.
Some points can be decided only in trial court but not in High Court. So High Court may decide some point and send case to trial court to decide other points.
Same is about Supreme Court and High Courts. Jurisdictions are different.
The litigants often feel why he has to go from one court to another to remove an arrow which is stuck in his head. But such is the system of law since ages.
Example Two
A law says, an offence under act will be made out under this Act only if a person is killed with three bullets (Read ingredients In place of bullets, ) But If he is killed by one or two bullets, then no offence is made out !
There are many such laws with many such loopholes because of which, the law becomes useless.
Lawyers learn about these loopholes with experience and exposures to cases.
Haresh Raichura
8/9/13
I am not aware about the origin of phrase Law is an ass, nor I am aware since how many centuries this phrase is in use.
But I think the following two may be possible reasons.
Example One:
In an ancient war, a soldier was hurt. An arrow was stuck half in his head.
He went to External Doctor. External Doctor, cut and removed arrow so far as it was visible outside.
But he did not remove that part of arrow which had gone in head.
He said, this is job of internal doctor. Internal Doctor will remove that part. He forwarded soldier to Internal Doctor.
This is the story in many legal cases. Each Court has well defined jurisdiction or boundaries.
Some points can be decided only in trial court but not in High Court. So High Court may decide some point and send case to trial court to decide other points.
Same is about Supreme Court and High Courts. Jurisdictions are different.
The litigants often feel why he has to go from one court to another to remove an arrow which is stuck in his head. But such is the system of law since ages.
Example Two
A law says, an offence under act will be made out under this Act only if a person is killed with three bullets (Read ingredients In place of bullets, ) But If he is killed by one or two bullets, then no offence is made out !
There are many such laws with many such loopholes because of which, the law becomes useless.
Lawyers learn about these loopholes with experience and exposures to cases.
Haresh Raichura
8/9/13
Do you know that most lawyers prepare their case only one day before hearing day? Explained
Do you know that most lawyers prepare their case only one day before hearing day?
If you are asked to keep reading a same matter again and again, grasping power reduces.
The most lawyers prepare their argument one day before hearing. Though there may be also some good lawyers who prepare few days earlier.
Mostly, it is all about a script to be addressed to the Judge and to visualise what possible questions judge may ask and what possible points other side may rise.
I know a lawyer who never gave appointment to client unless appointment is booked 4 days in advance.
I know also lawyers who accept papers but call client only after they have studied and explored case fully.
Law is considered an Art. So the case may be same, but the points to be raised before court at time hearing may be different as per every advocate.
Because experience and knowledge of every lawyer can be different.
The preparation of lawyer on previous day of hearing is of great value.
Haresh Raichura
8/9/13
If you are asked to keep reading a same matter again and again, grasping power reduces.
The most lawyers prepare their argument one day before hearing. Though there may be also some good lawyers who prepare few days earlier.
Mostly, it is all about a script to be addressed to the Judge and to visualise what possible questions judge may ask and what possible points other side may rise.
I know a lawyer who never gave appointment to client unless appointment is booked 4 days in advance.
I know also lawyers who accept papers but call client only after they have studied and explored case fully.
Law is considered an Art. So the case may be same, but the points to be raised before court at time hearing may be different as per every advocate.
Because experience and knowledge of every lawyer can be different.
The preparation of lawyer on previous day of hearing is of great value.
Haresh Raichura
8/9/13
September 7, 2013
What is Curative Petition(Review Hearing by 5 SC Judges)? Explained.
What is Curative Petition(Review Hearing by 5 SC Judges)? Explained.
Supreme Court is last court. There is no appeal anywhere against its judgements.
The Judges sit in minimum benches of Two judges.
Suppose they pass a wrong order. Then what's remedy? A review petition before same judges is circulated before the same judges.
Suppose they refuse to change their order and dismiss review petition. Then what remedy?
Then there is a new Procedure invented by Judges. This is called Curative Petition. There is no provision in constitution for filing such petition. But in Roopa Hurra Cases, judges laid down procedure for such curative petition.
A party whose review petition is also dismissed, can now move Curative Petition before 5 Senior Judges of Supreme Court.
This is called Curative Petition.
Haresh Raichura
7/9/13
Supreme Court is last court. There is no appeal anywhere against its judgements.
The Judges sit in minimum benches of Two judges.
Suppose they pass a wrong order. Then what's remedy? A review petition before same judges is circulated before the same judges.
Suppose they refuse to change their order and dismiss review petition. Then what remedy?
Then there is a new Procedure invented by Judges. This is called Curative Petition. There is no provision in constitution for filing such petition. But in Roopa Hurra Cases, judges laid down procedure for such curative petition.
A party whose review petition is also dismissed, can now move Curative Petition before 5 Senior Judges of Supreme Court.
This is called Curative Petition.
Haresh Raichura
7/9/13
September 6, 2013
How Brilliant Students in All India Merit List suffer every year in spite of SC Guidelines: Explained
How Brilliant Students in All India Merit List suffer every year in spite of SC Guidelines: Explained
I saw one example today.
Every year, Institution and State authorities change some rules at last minute.. Even if these rules are violative of SC norms.
Successful students first challenge these rules at High Court level.
By the time case reach to Supreme Court, it gets very late, some counselling are over and some courses are about to start.
So Supreme Court do not like to disturb process. So many counselling choices will need to be undone.. So they refiuse to interfere, Illegality then continues .. Even if the actions are violative, rules are wrong..
Simply because counselling have started, students lose cases. Time is to short. and is made difficult for Supreme Court to undo counselling.
I saw one example today.
Every year, Institution and State authorities change some rules at last minute.. Even if these rules are violative of SC norms.
Successful students first challenge these rules at High Court level.
By the time case reach to Supreme Court, it gets very late, some counselling are over and some courses are about to start.
So Supreme Court do not like to disturb process. So many counselling choices will need to be undone.. So they refiuse to interfere, Illegality then continues .. Even if the actions are violative, rules are wrong..
Simply because counselling have started, students lose cases. Time is to short. and is made difficult for Supreme Court to undo counselling.
And this is happening year after year !
Haresh Raichura
6/9/13
Haresh Raichura
6/9/13
September 4, 2013
Do you know why Good lawyers keep paying to clerks even when clerk become aged and invalid-Reasons
Do you know why Good lawyers keep paying to clerks even when clerk become aged and invalid-Reasons
When a young lawyer enters profession, his first teacher is an experienced clerk.
He teaches him tricks and ropes of the trade. After getting a client and getting hearing of a case, lot of clerical work is required which needs expertise.
Success of a case often depends on silent work of a lawyer's clerk.
His loyalty to his lawyers builds bungalows of lawyers.
In foreign countries, such clerks are recognised as Para Legals. They do 80% foot work of a lawyer.
He gradually becomes friend, philosopher and guide. In India lawyers' clerks are known as Munshi.
I have seen lawyers who keep paying salaries to their clerk even when clerk has become aged and invalid to work. His mere sitting in office of lawyer brings cases and luck to lawyer.
The point of this article is:
If you happen to engage any lawyer, also check who is his clerk and how old he is. It is this clerk who is going to do 80% foot work of your case. When you pay fees to lawyer, also pay something to his clerk. This will help your case in a great way.
Haresh Raichura
3/9/13
When a young lawyer enters profession, his first teacher is an experienced clerk.
He teaches him tricks and ropes of the trade. After getting a client and getting hearing of a case, lot of clerical work is required which needs expertise.
Success of a case often depends on silent work of a lawyer's clerk.
His loyalty to his lawyers builds bungalows of lawyers.
In foreign countries, such clerks are recognised as Para Legals. They do 80% foot work of a lawyer.
He gradually becomes friend, philosopher and guide. In India lawyers' clerks are known as Munshi.
I have seen lawyers who keep paying salaries to their clerk even when clerk has become aged and invalid to work. His mere sitting in office of lawyer brings cases and luck to lawyer.
The point of this article is:
If you happen to engage any lawyer, also check who is his clerk and how old he is. It is this clerk who is going to do 80% foot work of your case. When you pay fees to lawyer, also pay something to his clerk. This will help your case in a great way.
Haresh Raichura
3/9/13
September 3, 2013
When Governor returns a Bill to Govt, it can send Bill again to Governor with or without Amendments
When Governor returns a Bill to Govt, it can send Bill again to Governor with or without Amendments
When a State Legislative passes a Bill, it is sent to Governor for signature. When Governor signs it, it become Law.
At this Stage, if Governor thinks that certain provisions in Bill require re-look by Legislative Body, then it sends it to Government with suggestions.
But it is up to to State Legislative Assembly to accept or to reject such suggestions.
If it accept suggestions, it can send amended Bill to Governor for signature.
If it rejects suggestions of Governor, it can send Bill again to Governor without amending Bill.
This time, Governor has to sign the Bill
Such are the provision in Constitution.
Haresh Raichura
3/9/13
When a State Legislative passes a Bill, it is sent to Governor for signature. When Governor signs it, it become Law.
At this Stage, if Governor thinks that certain provisions in Bill require re-look by Legislative Body, then it sends it to Government with suggestions.
But it is up to to State Legislative Assembly to accept or to reject such suggestions.
If it accept suggestions, it can send amended Bill to Governor for signature.
If it rejects suggestions of Governor, it can send Bill again to Governor without amending Bill.
This time, Governor has to sign the Bill
Such are the provision in Constitution.
Haresh Raichura
3/9/13
September 2, 2013
Rights of woman are moving from 1st Generation(Maintenance only) to 2nd Generation (Rights in Property)
Rights of woman are moving from 1st Generation(Maintenance only) to 2nd Generation (Rights in Property)
Earlier Law:
1) On death of husband, widow had only limited right in property to live during in it during her remaining life.
The law changed. They were given full rights.
2) Daughters had no right to inherit property. Now the law says they have equal rights like son.
3) Law gave right to deserted wife for maintaining her life, till she remarries to someone else. Maintenance.
Now, the law wants to give a divorcee wife , not only maintenance but also property for her and children.
The laws have many faults.
But it is moving from first generation of Maintenance Rights to Second Generation of property rights.
The quarrels between wife and husband remain unsettled. Courts can have little time and scope to decide which of them is at fault..... And these new provisions are capable of grave misuse by some undeserving women. ... But the opens up new type of battles in courts. Only time can tell effects of law on family disputes.
Haresh Raichura
2/9/13
Earlier Law:
1) On death of husband, widow had only limited right in property to live during in it during her remaining life.
The law changed. They were given full rights.
2) Daughters had no right to inherit property. Now the law says they have equal rights like son.
3) Law gave right to deserted wife for maintaining her life, till she remarries to someone else. Maintenance.
Now, the law wants to give a divorcee wife , not only maintenance but also property for her and children.
The laws have many faults.
But it is moving from first generation of Maintenance Rights to Second Generation of property rights.
The quarrels between wife and husband remain unsettled. Courts can have little time and scope to decide which of them is at fault..... And these new provisions are capable of grave misuse by some undeserving women. ... But the opens up new type of battles in courts. Only time can tell effects of law on family disputes.
Haresh Raichura
2/9/13
September 1, 2013
What is Police Remand? Does it mean permission to torture accused? Meaning explained.
What is Police Remand? Does it mean permission to torture accused? Meaning explained.
After arresting a person, police officer cannot keep arrested person with him for more than 24 hours.
Within 24 hours police officer has to produce this man physically before a judge. (Here, the arrested man can also complain to judge if police had beaten him.)
Judge then takes this man in his "Judicial Custody- Judge's custody" and then he sends arrested man to Jail Authority to keep him on Judge's behalf till further order.
Here, two more things can happen:
1) A lawyer can move an application that his client is innocent, he may be given bail, he will come in court when required.
2) Here, police officer can oppose grant of bail and he can also make an application, that instead of sending arrested man to jail, his custody may be given to police.
He will give reasons for such requirement ...like: accused needs to be taken to place of offence to identify place,..... needs to ask him several things connected with crime... etc etc... List of permissible reasons is long.
The Judge hears arguments of police through public prosecutor. He also hears lawyer of accused about why custody should not be given to police. If the arrested person has fear that he could be beaten up in by police, his lawyers can say also.
Then, if the Judge thinks that it necessary, he gives custody of arrested person to police for few days so that police can complete investigation. He will also give some safety directions if arrested person fear that he may be beaten by police.
This is called Remand. There are detailed procedure for what is simplified above. I have written minimum to explain general idea.
The Remand does not give police any power to torture arrested person for information. After this given period, he has to again produce arrested person before Judge.
This is the short substance of Remand Order.
After arresting a person, police officer cannot keep arrested person with him for more than 24 hours.
Within 24 hours police officer has to produce this man physically before a judge. (Here, the arrested man can also complain to judge if police had beaten him.)
Judge then takes this man in his "Judicial Custody- Judge's custody" and then he sends arrested man to Jail Authority to keep him on Judge's behalf till further order.
Here, two more things can happen:
1) A lawyer can move an application that his client is innocent, he may be given bail, he will come in court when required.
2) Here, police officer can oppose grant of bail and he can also make an application, that instead of sending arrested man to jail, his custody may be given to police.
He will give reasons for such requirement ...like: accused needs to be taken to place of offence to identify place,..... needs to ask him several things connected with crime... etc etc... List of permissible reasons is long.
The Judge hears arguments of police through public prosecutor. He also hears lawyer of accused about why custody should not be given to police. If the arrested person has fear that he could be beaten up in by police, his lawyers can say also.
Then, if the Judge thinks that it necessary, he gives custody of arrested person to police for few days so that police can complete investigation. He will also give some safety directions if arrested person fear that he may be beaten by police.
This is called Remand. There are detailed procedure for what is simplified above. I have written minimum to explain general idea.
The Remand does not give police any power to torture arrested person for information. After this given period, he has to again produce arrested person before Judge.
This is the short substance of Remand Order.
There is NO LAW authorising police to torture during custody. If the power is abused and if arrested person is tortured, there are some ways to complain to judge.
Haresh Raichura
1/9/13
Haresh Raichura
1/9/13
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