I remember a small portable Ramington typewriters.
In early years of practice, it was difficult to survive. Small cases and small fees.
I used to type my cases on small typewriter at home. This saved money which I may have to otherwise pay to typist.
After marriage, my wife also used to help me in typing.
The days changed. Prosperity came. Now two to three typists do the job.
Recently, I met a junior advocate. He had come from some state to practice in Supreme Court. Here he could not find placement.
So he hid fact of advocacy. And sought employment as a computer typist. He soon got job.
After some years, when he had become indispensable to his employer lawyer, he disclosed his identity of advocate.
Now he is working in his office as Advocate.
Point: Junior lawyers have to pass struggling period. Nothing to be ashamed of in typing cases. One can earn and learn.
Haresh Raichura
31/10/13
(C) Copyright
October 31, 2013
October 30, 2013
A person who knows his work has hardly any free time
I read above sentence in a book by Henry Ford.
It means that if you have time, than probably you have not mastered your work probably. You probably do not know your work well. You have yet to learn many things of your trade.
It means that if you have time, than probably you have not mastered your work probably. You probably do not know your work well. You have yet to learn many things of your trade.
Emerson also said similar thing. He said, if you can make a very good mouse trap, people will make a path to your door even if you may be living in deep jungle.
This principle applies in so many professions and trade.
Haresh Raichura
30/10/13
This principle applies in so many professions and trade.
Haresh Raichura
30/10/13
Story of a DUMB beggar who used to beg only at night #India #Compassion #Poverty
This is from my childhood memories. We lived in Junagadh in Gujarat.
Every night at about 10 pm, a beggar used to come in street. He could not speak. So he used to make a strange loud noise from his throat for begging purpose.
The people used to give him left over food. He used to collect this left over food from houses and used to feed his family.
The strange noise he used to make from his throat left impression on my memory.
Thereafter, in Ahmedabad or Delhi, I have not seen such beggars who come at night to collect excess and left over food.
I think now people throw away excess and left over food or they pass them in drain.
Haresh Raichura
30/10/13
Every night at about 10 pm, a beggar used to come in street. He could not speak. So he used to make a strange loud noise from his throat for begging purpose.
The people used to give him left over food. He used to collect this left over food from houses and used to feed his family.
The strange noise he used to make from his throat left impression on my memory.
Thereafter, in Ahmedabad or Delhi, I have not seen such beggars who come at night to collect excess and left over food.
I think now people throw away excess and left over food or they pass them in drain.
Haresh Raichura
30/10/13
October 29, 2013
A blind advocate who argued a case in Supreme Court of #India #Law #Advocate
This was many years ago in Supreme Court.
I still remember it was in court no.4 and if I am not mistaken, the court was presided by Justice Nanavati.
A blind advocate had came from some place to argue a case in Supreme Court.
He was assisted by a Junior advocate.
He stated his arguments before court. Judges replied him and disagreed with him. They dismissed case.
I was fascinated to see a blind advocate. I wondered how he must be preparing his case? How did he do his Law graduation etc.
Unfortunately, media did not report this case. It could have inspired many blind men to pursue law degree.
Haresh Raichura
29/10/13
I still remember it was in court no.4 and if I am not mistaken, the court was presided by Justice Nanavati.
A blind advocate had came from some place to argue a case in Supreme Court.
He was assisted by a Junior advocate.
He stated his arguments before court. Judges replied him and disagreed with him. They dismissed case.
I was fascinated to see a blind advocate. I wondered how he must be preparing his case? How did he do his Law graduation etc.
Unfortunately, media did not report this case. It could have inspired many blind men to pursue law degree.
Haresh Raichura
29/10/13
Lawyers who serve poor litigants, often shine up in due course: Reasons
An aged lawyer, once told me, "If you can separate fees and cases separately, it helps".
What he meant to say was something like this:
A lawyer wants two things a) Cases and b) Fees.
Priorities are different. Some lawyers give A priority to fees.
Some Lawyers give a A priorities to cases, and B to fees that may come from cases.
The lawyer who gives A priority to cases, gets more cases. With each case his commercial experience and knowledge increases. He adds value to himself with each case.
Lawyers who give A priority to fees, set a boundary. They have minimum criteria, below which, they will not accept a case, however good case it may be. Their policy brings them benefits according to their policy.
In long run, it is the advocate who has done more cases, is more knowledgeable, more experienced, more seasoned, and more in demand.
There can be different views on which of the above two policy is better. Each advocate has to decide as per his situation, limitations and compulsions.
Haresh Raichura
29/10/13
What he meant to say was something like this:
A lawyer wants two things a) Cases and b) Fees.
Priorities are different. Some lawyers give A priority to fees.
Some Lawyers give a A priorities to cases, and B to fees that may come from cases.
The lawyer who gives A priority to cases, gets more cases. With each case his commercial experience and knowledge increases. He adds value to himself with each case.
Lawyers who give A priority to fees, set a boundary. They have minimum criteria, below which, they will not accept a case, however good case it may be. Their policy brings them benefits according to their policy.
In long run, it is the advocate who has done more cases, is more knowledgeable, more experienced, more seasoned, and more in demand.
There can be different views on which of the above two policy is better. Each advocate has to decide as per his situation, limitations and compulsions.
Haresh Raichura
29/10/13
If you are unsuccessful, then you are either in a car without steering wheel or in a car without brakes- A retired SC Judge
In his farewell address to Supreme Court Bar, a retiring Supreme Court Judge gave example of a man with two cars.
In his one car, there was no steering wheel. He can drive car, but he had no control on where he was going.
In his another car, steering wheel was there, but there were no brakes. He had directions. He had targets. He was knowing where he was going. But he had no brakes. He did not know where and when to stop.
The Judge explained, to be successful in life, we need to have both, a steering wheel and brakes.
The Judge was Hon'ble Justice P. P. Noalekar.
Haresh Raichura
29/10/13
In his one car, there was no steering wheel. He can drive car, but he had no control on where he was going.
In his another car, steering wheel was there, but there were no brakes. He had directions. He had targets. He was knowing where he was going. But he had no brakes. He did not know where and when to stop.
The Judge explained, to be successful in life, we need to have both, a steering wheel and brakes.
The Judge was Hon'ble Justice P. P. Noalekar.
Haresh Raichura
29/10/13
A mantra suggested by a retired SC Judge:- Restrain, Restrain and Restrain
One Supreme Court judge, while retiring in his welfare address to Supreme Court Bar, said his mantra in life was "Restrain, Restrain and Restrain"
I remembered this, but could not understand it. Years have rolled by and still I am not sure what does this Mantra means.
The Judge was Justice Quadri. He lived a pious and honest life.
As far as I can understand, meaning of the Mantra is similar to something said in Gita : "To not to do (Akarma) is the real deed (Karma).
Every minute our mind and body are in "Auto mode". They keep doing thousands of things daily automatically or semi automatically.
When we give command "Restrain" to mind or body. It halts. It obeys.
As I understand, meaning of mantra Restrain, is to exercise self control on body and mind against various things which we are tempted to do. A self discipline comes when we begin to use command "Restrain" on our mind and body.
Haresh Raichura
29/10/13
I remembered this, but could not understand it. Years have rolled by and still I am not sure what does this Mantra means.
The Judge was Justice Quadri. He lived a pious and honest life.
As far as I can understand, meaning of the Mantra is similar to something said in Gita : "To not to do (Akarma) is the real deed (Karma).
Every minute our mind and body are in "Auto mode". They keep doing thousands of things daily automatically or semi automatically.
When we give command "Restrain" to mind or body. It halts. It obeys.
As I understand, meaning of mantra Restrain, is to exercise self control on body and mind against various things which we are tempted to do. A self discipline comes when we begin to use command "Restrain" on our mind and body.
Haresh Raichura
29/10/13
October 28, 2013
Junior Advocates who want to become High Court Judges should always wear a good suit - said a Judge
Presently he is a sitting judge in a High Court. But some years ago he was my friend and he also used practice in Supreme Court.
One day, he asked me from where I had purchased my very good looking coat!
I told him that it was a Diwali Gift from a client. The coat was made probably by some South Delhi tailor.
Then he explained reason behind his query. He said one should always remain best suited. If we remain best suited, the Chief Justice or some judges may notice us. And if they see merit in us, we may get a chance to be appointed as High Court Judge.
I only smiled and forgot.
After some years he was elevated as High Court Judge and he is presently a Judge in some high court.
I write this for benefit of Junior advocates. There is really no harm in remaining always best suited.
Haresh Raichura
28/10/13
One day, he asked me from where I had purchased my very good looking coat!
I told him that it was a Diwali Gift from a client. The coat was made probably by some South Delhi tailor.
Then he explained reason behind his query. He said one should always remain best suited. If we remain best suited, the Chief Justice or some judges may notice us. And if they see merit in us, we may get a chance to be appointed as High Court Judge.
I only smiled and forgot.
After some years he was elevated as High Court Judge and he is presently a Judge in some high court.
I write this for benefit of Junior advocates. There is really no harm in remaining always best suited.
Haresh Raichura
28/10/13
October 26, 2013
Fees of Senior Advocates in Supreme Court of India in1960 #Judiciary #Law #India
A very old advocate who is practising in Supreme Court, since those days, told me this.
Fee of all Senior Advocate used to be same. Standard fees. No one superior, no one was inferior.
Rs.1040/- per appearance in court. Out of this fee, Rs.40/- used to go to his clerk.
If case comes up on next date hearing, fee was automatically reduced to Rs.640/- per appearance in court. Out of this fee, RS.40/- used to go to his clerk.
If after winning a case, if clients used to offer more by way of gift, the senior advocates used to refuse any more than their standard fees.
One such senior advocate was Vishwanath Shashtri.
After one case was won, his client gifted him a car.
He refused car by saying, "Your car is too small. I am too tall for your car."
Haresh Raichura
26/10/13
Fee of all Senior Advocate used to be same. Standard fees. No one superior, no one was inferior.
Rs.1040/- per appearance in court. Out of this fee, Rs.40/- used to go to his clerk.
If case comes up on next date hearing, fee was automatically reduced to Rs.640/- per appearance in court. Out of this fee, RS.40/- used to go to his clerk.
If after winning a case, if clients used to offer more by way of gift, the senior advocates used to refuse any more than their standard fees.
One such senior advocate was Vishwanath Shashtri.
After one case was won, his client gifted him a car.
He refused car by saying, "Your car is too small. I am too tall for your car."
Haresh Raichura
26/10/13
Requirements for becoming an Advocate-on-Record in Supreme Court #India
All advocates cannot file vakalatnama or matter in Supreme Court.
Only, Advocates who are on Roll of Supreme Court as Advocates-on-Record can file vakalatnama or matter.
To be an advocate-on-record in Supreme Court following are requirements:
1) Minimum four years practice as an advocate.
2) Thereafter training for one year under any advocate-on-record of Supreme Court having 10 years standing as advocate on record.
3) After completing training he has to pass an Examination which is being taken by Supreme Court every year.
4) After passing the examination, he can apply for registration as an Advocate-on-record of Supreme Court.
Haresh Raichura
26/10/13
Only, Advocates who are on Roll of Supreme Court as Advocates-on-Record can file vakalatnama or matter.
To be an advocate-on-record in Supreme Court following are requirements:
1) Minimum four years practice as an advocate.
2) Thereafter training for one year under any advocate-on-record of Supreme Court having 10 years standing as advocate on record.
3) After completing training he has to pass an Examination which is being taken by Supreme Court every year.
4) After passing the examination, he can apply for registration as an Advocate-on-record of Supreme Court.
Haresh Raichura
26/10/13
October 25, 2013
A lawyer should not use harsh / emotional language in pleadings or during oral arguments.
Normally, I am sober. But sometimes, harsh injustice to client, insensitivity of system, colours up my eyes and I find myself unable to control my harsh emotions.
Today, one judge asked me to read first line of second of Page of my case. There I had started emotional story of my client by using opening harsh words, as if I am writing a blog....
I realised my mistake.
The courts rooms are Rooms of Reasons.
Here, rival parties may be angry on may be burning with passions of revenge and fires of injustice.
But lawyers and judges are supposed to reason in passion free atmosphere of law. Emotional expressions here disturb reasoning process.
The Judge censored. "Please do not use such harsh words."
The words of the Judge were few. But they had impact.
I hope to improve and tone down harshness from my words and pleadings.
Haresh Raichura
25/10/13
Today, one judge asked me to read first line of second of Page of my case. There I had started emotional story of my client by using opening harsh words, as if I am writing a blog....
I realised my mistake.
The courts rooms are Rooms of Reasons.
Here, rival parties may be angry on may be burning with passions of revenge and fires of injustice.
But lawyers and judges are supposed to reason in passion free atmosphere of law. Emotional expressions here disturb reasoning process.
The Judge censored. "Please do not use such harsh words."
The words of the Judge were few. But they had impact.
I hope to improve and tone down harshness from my words and pleadings.
Haresh Raichura
25/10/13
Three things learned from Harivanshrai Bachhan's immortal poem Madhushala
Poets themselves do not know how it happens. But sometimes immortal poems come out from their souls.
In my view, Madhushala, a famous poem by Harivanshrai Bachhan is one such immortal Poem.
The poem has many deep meanings. But I could grasp following three lessons:
1) Everyday morning, everyone start in search of a Madhushala (where his cravings of feeling good and feeling intoxicated can be fulfilled).
Everyone starts in every morning, in pursuit of such Happiness.
Psychiatrists have defined this chemical as Dopamine. We all have daily need to produce this chemical and to feel happy.
To escape this cravings for feel of being intoxicatedly and happy, the best way is to learn to keep one's poise through out the day.
2) Secondly, Life is like a jungle. Everyone shows you to different paths. Signboards indicate different roads.
Follow any ONE path. But then stick to it. You will find the way. You will find your Goal or Madhushala. Stay the course.
3) Thirdly, In life, everyone is living like a half-drunk.
Someone is intoxicated by power, someone by wealth, someone by his or her some other passions or possessions or fortunes. Some are drunk by their sense of knowledge or position.
Take a step back.
Look at these half drunk world.
And try to keep your poise through out the day.
Haresh Raichura
25/10/13
In my view, Madhushala, a famous poem by Harivanshrai Bachhan is one such immortal Poem.
The poem has many deep meanings. But I could grasp following three lessons:
1) Everyday morning, everyone start in search of a Madhushala (where his cravings of feeling good and feeling intoxicated can be fulfilled).
Everyone starts in every morning, in pursuit of such Happiness.
Psychiatrists have defined this chemical as Dopamine. We all have daily need to produce this chemical and to feel happy.
To escape this cravings for feel of being intoxicatedly and happy, the best way is to learn to keep one's poise through out the day.
2) Secondly, Life is like a jungle. Everyone shows you to different paths. Signboards indicate different roads.
Follow any ONE path. But then stick to it. You will find the way. You will find your Goal or Madhushala. Stay the course.
3) Thirdly, In life, everyone is living like a half-drunk.
Someone is intoxicated by power, someone by wealth, someone by his or her some other passions or possessions or fortunes. Some are drunk by their sense of knowledge or position.
Take a step back.
Look at these half drunk world.
And try to keep your poise through out the day.
Haresh Raichura
25/10/13
October 24, 2013
Can Price rise of Onions, be subject matter of a PIL? Yes. Two reasons
First, NAFED, a body exporting and importing onions is held to be a 'State' by a 1981 Madras High Court judgement. Therefore it is subject to jurisdiction of High Court and Supreme Court.
Second, Preventions of Black marketing Law, casts a DUTY on every states to issue necessary notifications to prevent black marketing and hoarding of essential items.
Each state has duties under the law.
Second, Preventions of Black marketing Law, casts a DUTY on every states to issue necessary notifications to prevent black marketing and hoarding of essential items.
Each state has duties under the law.
Courts can certainly seek transperancy and can intervene if policies are not based rational criteria.
Haresh Raichura
24/10/13
Haresh Raichura
24/10/13
A cognitive exercise to make better choices
Some years ago, I had read this method.
By cognitive, I mean state of mind when we are not making automatic choices, but are following some specific conscious thoughts.
A psychologist suggested, every minute you can zero in on Two Choices from multiple choices.
Once you have zeroed in on two choices, you have to decide one of it which may be looking better.
This is like saying: ______ is better than _______.
Standing up is better than sleeping.
Walking is better than sitting.
Doing it now is better than doing it later.
Etc. there can be many such examples.
But the point is : You have to force thinking process to frame clear cut two choices. Then, it is easier to choose one of it.
Haresh Raichura
24/10/13
By cognitive, I mean state of mind when we are not making automatic choices, but are following some specific conscious thoughts.
A psychologist suggested, every minute you can zero in on Two Choices from multiple choices.
Once you have zeroed in on two choices, you have to decide one of it which may be looking better.
This is like saying: ______ is better than _______.
Standing up is better than sleeping.
Walking is better than sitting.
Doing it now is better than doing it later.
Etc. there can be many such examples.
But the point is : You have to force thinking process to frame clear cut two choices. Then, it is easier to choose one of it.
Haresh Raichura
24/10/13
October 23, 2013
Aggressive advocacy - High stake cases - Collateral damage on health
Court rooms are war rooms.
When a young advocate enters in Bar, he is usually very aggressive. He needs to win in every case, he needs to make high money and fame.
Urgent cases are to be filed. Urgent orders are to be obtained. Money is to be made.
Some advocates work up to 2 am in night.
They conquer many wars.
But each court room fight is coupled with health cost. Stress builds up before a case. It falls after a case.
After 20 years, health costs are seen in form of diabetes or blood pressure or other diseases.
Then truth downs on him.
An advocate is nothing but a pawn in process of destiny. People suffer justice or injustice as per their destiny or Karma.
Then they realise:
Health was not worth losing for them. Sleep was not worth losing for them.
Haresh Raichura
23/10/13
When a young advocate enters in Bar, he is usually very aggressive. He needs to win in every case, he needs to make high money and fame.
Urgent cases are to be filed. Urgent orders are to be obtained. Money is to be made.
Some advocates work up to 2 am in night.
They conquer many wars.
But each court room fight is coupled with health cost. Stress builds up before a case. It falls after a case.
After 20 years, health costs are seen in form of diabetes or blood pressure or other diseases.
Then truth downs on him.
An advocate is nothing but a pawn in process of destiny. People suffer justice or injustice as per their destiny or Karma.
Then they realise:
Health was not worth losing for them. Sleep was not worth losing for them.
Haresh Raichura
23/10/13
A Supreme Court senior Advocate, who next day, returned fees to small labourers
This is more than 10 years ago. The Senior Advocate was B. K. Mehta. He was former Chief Justice of Gujarat High Court.
Some poor labourers had come to me to fight their case in Supreme Court of India. They wanted to engage B.K. Mehta as Senior Advocate.
I arranged meeting. At that time his fee was 35,000/-. Since these were poor labourers, I requested him to accept case for RS.10.000/-only. He agreed.
Labourers paid.
Next day B.K.Mehta rang me up and said you take this 10,000 and give it back to those labourers. (Probably, conscience within him told him something)
He did their case free.
Point: Retired High Court judges who come to Supreme Court, to practice as senior advocates have usually come to serve judiciary and to keep them active. Most of them are noble souls.
Haresh Raichura
23/10/13
Some poor labourers had come to me to fight their case in Supreme Court of India. They wanted to engage B.K. Mehta as Senior Advocate.
I arranged meeting. At that time his fee was 35,000/-. Since these were poor labourers, I requested him to accept case for RS.10.000/-only. He agreed.
Labourers paid.
Next day B.K.Mehta rang me up and said you take this 10,000 and give it back to those labourers. (Probably, conscience within him told him something)
He did their case free.
Point: Retired High Court judges who come to Supreme Court, to practice as senior advocates have usually come to serve judiciary and to keep them active. Most of them are noble souls.
Haresh Raichura
23/10/13
"Quickly, quickly" - Mantra of an Industrialist to accomplish more
Many years ago, I had read a story of a Pune based industrialist.
He attributed his success to Mantra "Quickly, Quickly."
He believed that whatever he was supposed to do, he was supposed to do it quickly quickly.
I have not yet tested this mantra. But it seems to make sense.
Cricketers are supposed to score quickly. They cannot afford to lose even a single run.
In his later life, Vijay Merchant, great cricketer was doing lot of social service. Once I had occasion to see him at work. He was supported by four stenographers who were quickly taking notes of answers he was giving to a pile of letters.
Famous author Earl Stanly Gardner, creator of Parry Mason, character, used to dictate his novels to four stenos. Later he was also holding a word record for writing maximum novels in a year.
This mantra called "Quickly, quickly" must be working good for many.
Haresh Raichura
23/10/13
He attributed his success to Mantra "Quickly, Quickly."
He believed that whatever he was supposed to do, he was supposed to do it quickly quickly.
I have not yet tested this mantra. But it seems to make sense.
Cricketers are supposed to score quickly. They cannot afford to lose even a single run.
In his later life, Vijay Merchant, great cricketer was doing lot of social service. Once I had occasion to see him at work. He was supported by four stenographers who were quickly taking notes of answers he was giving to a pile of letters.
Famous author Earl Stanly Gardner, creator of Parry Mason, character, used to dictate his novels to four stenos. Later he was also holding a word record for writing maximum novels in a year.
This mantra called "Quickly, quickly" must be working good for many.
Haresh Raichura
23/10/13
October 22, 2013
M.C. Mehta - Role model for those who want to file PIL in Supreme Court #India
I first heard about him in 1982. I purchased his book of public interest litigations for RS.80/-.
It contained copies of Public Interest Litigations filed by him in Rajasthan High Court along with orders therein.
It seems that later he moved to Supreme Court and continued to file PIL in Supreme Court.
His reputation was upright. His petitions were mostly on industrial pollutions in the country. Important laws of PIL are developed in his cases.
He was detached with the work he was doing. His job was only to do research, compile facts and to place them before court and to assist court.
He never craved for publicity or TV interviews. He was a humble and gentleman. Having no enmity with forces against whom he fought.
Later he was also given international awards for his work.
Haresh Raichura
22/10/13
It contained copies of Public Interest Litigations filed by him in Rajasthan High Court along with orders therein.
It seems that later he moved to Supreme Court and continued to file PIL in Supreme Court.
His reputation was upright. His petitions were mostly on industrial pollutions in the country. Important laws of PIL are developed in his cases.
He was detached with the work he was doing. His job was only to do research, compile facts and to place them before court and to assist court.
He never craved for publicity or TV interviews. He was a humble and gentleman. Having no enmity with forces against whom he fought.
Later he was also given international awards for his work.
Haresh Raichura
22/10/13
#Gandhiji's modified view of principle of - Stay the Course
The cliche "Stay the Course" means once you have started a work, you should continue to do it irrespective of temptations, obstacles and challenges.
Efforts should be persistent..... Stay the Course.
At one place in his autobiography, Gandhiji wrote about his belief.
He said, once a work is started, it should be continued unless it becomes morally wrong to do it.
It means, stay the course unless it becomes immoral to do so.
Haresh Raichura
22/10/13
Efforts should be persistent..... Stay the Course.
At one place in his autobiography, Gandhiji wrote about his belief.
He said, once a work is started, it should be continued unless it becomes morally wrong to do it.
It means, stay the course unless it becomes immoral to do so.
Haresh Raichura
22/10/13
October 21, 2013
Main Fact which must be proved to prove Criminal Conspiracy: Meeting of mind to do an illegal act
Criminal Conspiracy is a provision to convict those who commit crime but remain behind curtain.
It must be proved that players of alleged unlawful act had "meeting of mind" to do the said unlawful act.
This is a State of Mind. There are legal methods to prove "Criminal State of Mind". There are highly technical concepts craved out by Courts over many years of judicial experiences.
The court looks at different proved facts to see if case of conspiracy is made out. "Meeting of mind can be inferred from various other facts."
Haresh Raichura
21/10/13
It must be proved that players of alleged unlawful act had "meeting of mind" to do the said unlawful act.
This is a State of Mind. There are legal methods to prove "Criminal State of Mind". There are highly technical concepts craved out by Courts over many years of judicial experiences.
The court looks at different proved facts to see if case of conspiracy is made out. "Meeting of mind can be inferred from various other facts."
Haresh Raichura
21/10/13
Mastery of Facts and Mastery of Laws are two different things #Law
Lawyers are required to prepare a case in two parts.
First part deals with setting out relevant facts supported by relevant evidences. This requires application of analytical skill to facts of case.
Second part is relating to latest knowledge of law governing the subject of the law-points emerging from the proved or undisputed facts of each case.
Mastery of facts is usually time consuming. It is proportionate to time devoted to reading of case papers.
Mastery of Law is about time spent on research of law on special point involved, coupled with the knowledge of trends in current law.
Both are equally important. But some lawyers love to master facts and some lawyers like to evolve and ponder over law-points.
Few lawyers are good at both.
Haresh Raichura
21/10/13
First part deals with setting out relevant facts supported by relevant evidences. This requires application of analytical skill to facts of case.
Second part is relating to latest knowledge of law governing the subject of the law-points emerging from the proved or undisputed facts of each case.
Mastery of facts is usually time consuming. It is proportionate to time devoted to reading of case papers.
Mastery of Law is about time spent on research of law on special point involved, coupled with the knowledge of trends in current law.
Both are equally important. But some lawyers love to master facts and some lawyers like to evolve and ponder over law-points.
Few lawyers are good at both.
Haresh Raichura
21/10/13
Once CBI registers a FIR, only It is the Court which has power to close case
The Law of FIR is simple.
Once a FIR is registered, next day a copy of FIR must be sent to to court.
If after investigation, if any investigatin agency finds that no crime is there, then it has to send a Closure report of investigation, with material investigated.
Then it is for Court to decide whether to accept this Closure Report or not.
Haresh Raichura
21/10/13
Once a FIR is registered, next day a copy of FIR must be sent to to court.
If after investigation, if any investigatin agency finds that no crime is there, then it has to send a Closure report of investigation, with material investigated.
Then it is for Court to decide whether to accept this Closure Report or not.
Haresh Raichura
21/10/13
October 20, 2013
Two methods to win an Appeal in Supreme Court #India
There are over a thousand advocates/Lawyers/Senior advocates in Supreme Court, who are wiser and more experienced than me. They know many methods to win an appeal in Supreme Court.
But, I know only two methods to win an appeal in Supreme Court. They are A and B.
A. Method Prepare arguments in two parts.
First, meet the reasoning of High Court Judge head on. Mostly people who come to Supreme Court are aggrieved by High Court Judgement.
High Court usually gives some reasons. Try to meet and demolish these reasons head on. Deal with them. Do not avoid them.
Secondly, show how total injustice is occurred to your client.
B. Method: Here you do not have to deal with reasons given by High Court.
Even if High Court's reasons are right, it doesn't matter.
Supreme Court has ample powers to pass any order in interest of Justice, even if all orders passed by all courts are totally legal.
Here, build your arguments in two parts.
First, show how total injustice has occurred to your client.
Second, show that there is no other subsequent stage or forum where this injustice can be redressed.
If you can satisfy Supreme Court judges in this way, they will themselves find out a way to do justice to your client.
Haresh Raichura
20/10/13
But, I know only two methods to win an appeal in Supreme Court. They are A and B.
A. Method Prepare arguments in two parts.
First, meet the reasoning of High Court Judge head on. Mostly people who come to Supreme Court are aggrieved by High Court Judgement.
High Court usually gives some reasons. Try to meet and demolish these reasons head on. Deal with them. Do not avoid them.
Secondly, show how total injustice is occurred to your client.
B. Method: Here you do not have to deal with reasons given by High Court.
Even if High Court's reasons are right, it doesn't matter.
Supreme Court has ample powers to pass any order in interest of Justice, even if all orders passed by all courts are totally legal.
Here, build your arguments in two parts.
First, show how total injustice has occurred to your client.
Second, show that there is no other subsequent stage or forum where this injustice can be redressed.
If you can satisfy Supreme Court judges in this way, they will themselves find out a way to do justice to your client.
Haresh Raichura
20/10/13
October 19, 2013
Supreme Court's Powers to settle disputes between any two or more States of India
Supreme Court is the only court where suits can be filed by one State of India against another State or States of India.
Dispute can be of any type.
Supreme Court has the original jurisdiction to try such suits and for this purpose rules of procedures are also made.
Haresh Raichura
19/10/13
Dispute can be of any type.
Supreme Court has the original jurisdiction to try such suits and for this purpose rules of procedures are also made.
Haresh Raichura
19/10/13
Big Ant was crawling on a wall. It met a small Ant on way. Big Ant asked Small Ant, "Who's going to win #Delhi #Election?"
A Big Ant was crawling on a wall.
It met a small Ant on way.
Big Ant asked Small Ant, "Who's going to win Delhi Election?"
"I don't know.....But did you smell sugar anywhere", replied the Small Ant.
Small Ant had hardly any time to discuss politics.
Haresh Raichura
19/10/13
It met a small Ant on way.
Big Ant asked Small Ant, "Who's going to win Delhi Election?"
"I don't know.....But did you smell sugar anywhere", replied the Small Ant.
Small Ant had hardly any time to discuss politics.
Haresh Raichura
19/10/13
Joy of Helping Someone Anonymously- #Krishna-Sudama relations-mentoring
Joy of Helping Someone Anonymously- #Krishna-Sudama relations-mentoring
There is a special kind of joy in helping someone anonymously.
When you are helping someone anonymously, Without Leaving Evidences And Without Being Seen, that person feels as if God has made miracle in his life.
I have met persons who have helped me a lot without letting me know - though I cannot discuss their names.
#Gandhiji had experienced many such incidents when, at last minute, help and money was sent to him by anonymous well wishers. Some details are found in his autobiography.
In Hindu scripture, there is story of #Krishna and #Sudama where Krishna helps Sudama without letting him know.
-Haresh Raichura
19/10/13
-Haresh Raichura
There is a special kind of joy in helping someone anonymously.
When you are helping someone anonymously, Without Leaving Evidences And Without Being Seen, that person feels as if God has made miracle in his life.
I have met persons who have helped me a lot without letting me know - though I cannot discuss their names.
#Gandhiji had experienced many such incidents when, at last minute, help and money was sent to him by anonymous well wishers. Some details are found in his autobiography.
In Hindu scripture, there is story of #Krishna and #Sudama where Krishna helps Sudama without letting him know.
-Haresh Raichura
19/10/13
-Haresh Raichura
#Delhi Problems of poor Electricity driven auto rixa drivers
Pollution free electricity driven rixa have started plying on roads of Delhi.
One such driver told me their problems:
1) No bills are being given by most of the manufacturers. So they have no ownership documents.
2) Though this is also a Motor Vehicle, under definition of law, they or their passengers cannot get insurances cover against accidents.
3) Due to elections in Delhi no rules appear to have been made.
4) They are uncertain what restrictions etc they may be made subjected to after Delhi Election is over.
5) Most are poor who run this rixa by taking loans from relatives.
They feel unprotected and unsecured because of uncertainties.
Haresh Raichura
19/10/13
One such driver told me their problems:
1) No bills are being given by most of the manufacturers. So they have no ownership documents.
2) Though this is also a Motor Vehicle, under definition of law, they or their passengers cannot get insurances cover against accidents.
3) Due to elections in Delhi no rules appear to have been made.
4) They are uncertain what restrictions etc they may be made subjected to after Delhi Election is over.
5) Most are poor who run this rixa by taking loans from relatives.
They feel unprotected and unsecured because of uncertainties.
Haresh Raichura
19/10/13
#India Gold treasure hunt- How much share a person who discovered/ or heirs of King are entitled to ->
Gold treasure hunt- How much share a person who discovered/ or heirs of King are entitled to ->
My understanding of law relating this issue is:
1) Treasure found underneath earth belongs to the State.
2) If treasure is found from land of your ownership, then State is bound to give certain percentage as may have been specified in law.
But in recent event, a person saw in his dream about treasure lying under some public land. How much share such person is entitled to is not specified in law.
The treasure may be belonging to some ancient King. But those states merged in India and privy purse was paid. So heirs of such kings may not have any legal rights.
-Haresh Raichura
19/10/13
My understanding of law relating this issue is:
1) Treasure found underneath earth belongs to the State.
2) If treasure is found from land of your ownership, then State is bound to give certain percentage as may have been specified in law.
But in recent event, a person saw in his dream about treasure lying under some public land. How much share such person is entitled to is not specified in law.
The treasure may be belonging to some ancient King. But those states merged in India and privy purse was paid. So heirs of such kings may not have any legal rights.
-Haresh Raichura
19/10/13
October 18, 2013
Effect of Raja Harishchandra on Supreme Court of India and on #Gandhiji
Effect of Raja Harishchandra on Supreme Court of India and on #Gandhiji
First, about effect on Gandhiji. According to psychologists bricks are building up in brain in early childhood.Images on mind in this age control mind throughout his life.
In Early Childhood, Gandhiji was impressed by a drama of Raja Harishchandra. Essence of drama is If you stick to Truth, lot of suffering starts heaping up on you. If you still stick to truth whatsoever may happen to you, then a miracle happens. Kingdom of divine happiness is restored.
This role model of Raja Harishchandra affected Mahatma Gandhiji throughout his life.
Second, now about Effact of Raja Harishchandra on Supreme Courtof India.
In 1995 around, a pro-government judge was elevated to Supreme Court. He gave drastic judgements in Compulsory Land Acquisition laws, in favour of Government and against poor land owners and farmers.
There was a provision that against low amount suggested by Collector, within few weeks application must be made to Court to increase the amount of compensation for forcibly taken land by law.
The Supreme Court Judge strictly interpreted this provision and said that If time limit of these few weeks was missed,you are bound to accept what little amount government offered. I You lose your right ask higher compensation through court.
Many times, this award or suggestion were kept hidden and farmers learn them only after several weeks, after time limit.
Thereafter, after learning about this award, if any farmer went to court to increase amount, his case was dismissed in view of law laid down by Hon'ble Supreme Court.
After retirement of Hon'ble Judge, rumours were heard that he made representation to President of India, that since he had saved crores of amount to government, and since he delivered highest number of judgements, he should be re-appointed as ad hoc Supreme Court judge for one year. (I have no authentic information on this. Just overheard in Bar Library)
The President of India did not give him extension.
In the meantime, judicial fraternity, judges as well as Lawyers all over country were unhappy with the strict law laid down by the retired judge.
Then one day, my similar case was listed before a bench presided by Hon'ble Justice B P Singh. My client, a poor farmer was denied opportunity to approach court for higher compensation on the ground that it was time barred by few weeks.
I cited an old Supreme Court Judgement titled RAJA HARISHCHANDRA and argued that time limit should start running from the date of knowledge and not from the date of Award.
Hon'ble Justice B.P.Singh accepted my argument and accepted earlier Supreme Court judgement titled Raja Harishchandra And he delivered a new judgement on lines of Raja Harishchandra Case.
Lakhs of farmers started getting benefit of this new judgement. The Law became just and fair.
----
This is how I see Effact of Raja Harishchandra on Supreme Court of India.
----
For those who have never seen Supreme Court of India building, let me say, just opposite Court of Chief Justice of India, a black marble statue of Mahatma Gandhi sits. The statue keeps meditating 24/7. Now and then some sparrows come and sit on shoulders of Mahatma Gandhiji. But it is ok. Statue is washed regularly and is kept clean.
This statue of Mahatma Gandhi makes us sober whenever we look at him.
Haresh Raichura
18/10/13
-Haresh Raichura
First, about effect on Gandhiji. According to psychologists bricks are building up in brain in early childhood.Images on mind in this age control mind throughout his life.
In Early Childhood, Gandhiji was impressed by a drama of Raja Harishchandra. Essence of drama is If you stick to Truth, lot of suffering starts heaping up on you. If you still stick to truth whatsoever may happen to you, then a miracle happens. Kingdom of divine happiness is restored.
This role model of Raja Harishchandra affected Mahatma Gandhiji throughout his life.
Second, now about Effact of Raja Harishchandra on Supreme Courtof India.
In 1995 around, a pro-government judge was elevated to Supreme Court. He gave drastic judgements in Compulsory Land Acquisition laws, in favour of Government and against poor land owners and farmers.
There was a provision that against low amount suggested by Collector, within few weeks application must be made to Court to increase the amount of compensation for forcibly taken land by law.
The Supreme Court Judge strictly interpreted this provision and said that If time limit of these few weeks was missed,you are bound to accept what little amount government offered. I You lose your right ask higher compensation through court.
Many times, this award or suggestion were kept hidden and farmers learn them only after several weeks, after time limit.
Thereafter, after learning about this award, if any farmer went to court to increase amount, his case was dismissed in view of law laid down by Hon'ble Supreme Court.
After retirement of Hon'ble Judge, rumours were heard that he made representation to President of India, that since he had saved crores of amount to government, and since he delivered highest number of judgements, he should be re-appointed as ad hoc Supreme Court judge for one year. (I have no authentic information on this. Just overheard in Bar Library)
The President of India did not give him extension.
In the meantime, judicial fraternity, judges as well as Lawyers all over country were unhappy with the strict law laid down by the retired judge.
Then one day, my similar case was listed before a bench presided by Hon'ble Justice B P Singh. My client, a poor farmer was denied opportunity to approach court for higher compensation on the ground that it was time barred by few weeks.
I cited an old Supreme Court Judgement titled RAJA HARISHCHANDRA and argued that time limit should start running from the date of knowledge and not from the date of Award.
Hon'ble Justice B.P.Singh accepted my argument and accepted earlier Supreme Court judgement titled Raja Harishchandra And he delivered a new judgement on lines of Raja Harishchandra Case.
Lakhs of farmers started getting benefit of this new judgement. The Law became just and fair.
----
This is how I see Effact of Raja Harishchandra on Supreme Court of India.
----
For those who have never seen Supreme Court of India building, let me say, just opposite Court of Chief Justice of India, a black marble statue of Mahatma Gandhi sits. The statue keeps meditating 24/7. Now and then some sparrows come and sit on shoulders of Mahatma Gandhiji. But it is ok. Statue is washed regularly and is kept clean.
This statue of Mahatma Gandhi makes us sober whenever we look at him.
Haresh Raichura
18/10/13
-Haresh Raichura
October 17, 2013
SC:Even with illegally or improperly procured documentary proofs, you can file case of corruption against any public servant->
Supreme Court of India : Even with illegally or improperly procured documentary proofs, you can file case of corruption against any public servant->
Case: Umesh Kumar Versus State of Andhra Pradesh
Hon'ble Judges :Dr. B.S. Chauhan and S.A.Bobde JJ.
Date of Judgement 6/9/2013 Supreme Court of India
Criminal Appeal No.1305/2013: 1304/2013
Para: 27. It is a settled legal proposition that even if a document is procured by improper or illegal means, there is no bar to its admissibility if it is relevant and its genuineness is proved. If the evidence is admissible, it does not matter how it has been obtained. However, as a matter of caution, the court in exercise of its discretion may disallow certain evidence in a criminal case if the strict rules of admissibility would operate unfairly against the accused. More so, the court must conclude that it is genuine and free from tampering or mutilation. This court repelled the contention that obtaining evidence illegally by using tape recordings or photographs offend Articles 20(3) and 21 of the Constitution of India as acquiring the evidence by such methods was not the procedure established by law. (Vide: Yusufalli Esmail Nagree v. The State of Maharashtra, AIR 1968 SC 147; Magraj Patodia v. R.K. Birla & Ors., 1970 (2) SCC 888; R.M. Malkani v. State of Maharashtra, AIR 1973 SC 157; Pooran Mal v. Director of Inspection, Income-Tax, New Delhi & Ors., AIR 1974 SC 348; and State (NCT of Delhi) v. Navjot Sandhu alias Afsan Guru, (2005) 11 SCC 600).
-Haresh Raichura
17/10/13
Case: Umesh Kumar Versus State of Andhra Pradesh
Hon'ble Judges :Dr. B.S. Chauhan and S.A.Bobde JJ.
Date of Judgement 6/9/2013 Supreme Court of India
Criminal Appeal No.1305/2013: 1304/2013
Para: 27. It is a settled legal proposition that even if a document is procured by improper or illegal means, there is no bar to its admissibility if it is relevant and its genuineness is proved. If the evidence is admissible, it does not matter how it has been obtained. However, as a matter of caution, the court in exercise of its discretion may disallow certain evidence in a criminal case if the strict rules of admissibility would operate unfairly against the accused. More so, the court must conclude that it is genuine and free from tampering or mutilation. This court repelled the contention that obtaining evidence illegally by using tape recordings or photographs offend Articles 20(3) and 21 of the Constitution of India as acquiring the evidence by such methods was not the procedure established by law. (Vide: Yusufalli Esmail Nagree v. The State of Maharashtra, AIR 1968 SC 147; Magraj Patodia v. R.K. Birla & Ors., 1970 (2) SCC 888; R.M. Malkani v. State of Maharashtra, AIR 1973 SC 157; Pooran Mal v. Director of Inspection, Income-Tax, New Delhi & Ors., AIR 1974 SC 348; and State (NCT of Delhi) v. Navjot Sandhu alias Afsan Guru, (2005) 11 SCC 600).
-Haresh Raichura
17/10/13
Maverick method of DEFEATING PROCRASTINATION. #Psychology
Maverick method of DEFEATING PROCRASTINATION.
Years ago, I had read a book titled Maverick.
It prescribed following steps to beat procrastination.
1) Go and sit in your office at your convenient time.
2) Once you sit, decide when you will stand up from your chair. Fix a time. You are not to stand up before this time.
3) Keep all work to be done files on your left side.
4) Now lift a file on top and put it on your right side. Then second file. Then next, till whole pile of file is over.
5) Now begin in the same way and start shifting files from Left to right.
6) Keep doing this exercise till you actually get momentum to actually start working on files.
-------
I have not tried as yet this method. I keep procrastinating about trying this method :)
Haresh Raichura
17/10/13
Haresh Raichura
Years ago, I had read a book titled Maverick.
It prescribed following steps to beat procrastination.
1) Go and sit in your office at your convenient time.
2) Once you sit, decide when you will stand up from your chair. Fix a time. You are not to stand up before this time.
3) Keep all work to be done files on your left side.
4) Now lift a file on top and put it on your right side. Then second file. Then next, till whole pile of file is over.
5) Now begin in the same way and start shifting files from Left to right.
6) Keep doing this exercise till you actually get momentum to actually start working on files.
-------
I have not tried as yet this method. I keep procrastinating about trying this method :)
Haresh Raichura
17/10/13
Haresh Raichura
Gandhiji's confession about his INTIMATE EUROPEAN CONTACTS and 'Hollowness of many of his pretensions'
Gandhiji's confession about his INTIMATE EUROPEAN CONTACTS and 'Hollowness of many of his pretensions'
I found following paragraph in his book "My experiments with truth" in chapter XI INTIMATE EUROPEAN CONTACTS
"Now again, as I start on this chapter, I find myself confronted with a fresh problem.
What things to mention and what to omit regarding the English friends of whom I am about to write is a serious problem.
If things that are relevant are omitted, truth will be dimmed.
And it is difficult to decide straightaway what is relevant, when I am not sure about the relevancy of of writing this story.
I understand more clearly today what I read long ago about the inadequacy of all autobiography as history.
I know that I do not set down in this story all that I remember.
Who can say how much I must give and how much I must omit in the interest of truth.
And what would be the value in a court of law of the Inadequate evidence being tendered by me of certain events in my life?
If some busybody were to cross-examine me on the chapters already written, he could probably shed much more light on them, and If it were a hostile critic's cross-examination, he might even flatter himself for having blown up 'the hollowness of many of my pretentions'
Emphasis and underlines in above paragraph are supplied by me. I have only tried to highlight his trueness in telling us that he has not been able to write all that he remembered.
-Haresh Raichura
17/10/13
I found following paragraph in his book "My experiments with truth" in chapter XI INTIMATE EUROPEAN CONTACTS
"Now again, as I start on this chapter, I find myself confronted with a fresh problem.
What things to mention and what to omit regarding the English friends of whom I am about to write is a serious problem.
If things that are relevant are omitted, truth will be dimmed.
And it is difficult to decide straightaway what is relevant, when I am not sure about the relevancy of of writing this story.
I understand more clearly today what I read long ago about the inadequacy of all autobiography as history.
I know that I do not set down in this story all that I remember.
Who can say how much I must give and how much I must omit in the interest of truth.
And what would be the value in a court of law of the Inadequate evidence being tendered by me of certain events in my life?
If some busybody were to cross-examine me on the chapters already written, he could probably shed much more light on them, and If it were a hostile critic's cross-examination, he might even flatter himself for having blown up 'the hollowness of many of my pretentions'
Emphasis and underlines in above paragraph are supplied by me. I have only tried to highlight his trueness in telling us that he has not been able to write all that he remembered.
-Haresh Raichura
17/10/13
October 16, 2013
Reasons why Courts are unable to quash any POLITICALLY MOTIVATED F.I.R
Reasons why Courts are unable to quash any POLITICALLY MOTIVATED F.I.R
Whenever Government changes, CBI and Police also change tracks.
They begin to file F.I.R. Against office bearers, ministers, and workers of outgoing politically party.
These cases are prima Facie political.
Even today, in every states, Ruling Party of each state uses Police power to file political cases on rival party workers.
One such issue come up before Supreme Court in Case of Bhajanlal Versus State of Haryana.
Supreme Court noticed that it was a POLITICALLY MOTIVATED F.I.R. And yet it said, we cannot quash this F I R on ground that it is politically motivated. Because to do so will amount to letting go many serious crimes unpunished
If F I R shows material of some offence, police is bound to register and investigate. Many new things may further come during investigation. It is not proper to quash a F I R on ground that it is politically biased.
Thus misuse of police and CBI will continue.
Haresh Raichura
16/10/13
Haresh Raichura
Whenever Government changes, CBI and Police also change tracks.
They begin to file F.I.R. Against office bearers, ministers, and workers of outgoing politically party.
These cases are prima Facie political.
Even today, in every states, Ruling Party of each state uses Police power to file political cases on rival party workers.
One such issue come up before Supreme Court in Case of Bhajanlal Versus State of Haryana.
Supreme Court noticed that it was a POLITICALLY MOTIVATED F.I.R. And yet it said, we cannot quash this F I R on ground that it is politically motivated. Because to do so will amount to letting go many serious crimes unpunished
If F I R shows material of some offence, police is bound to register and investigate. Many new things may further come during investigation. It is not proper to quash a F I R on ground that it is politically biased.
Thus misuse of police and CBI will continue.
Haresh Raichura
16/10/13
Haresh Raichura
October 15, 2013
Never take a backward step, once you have taken a forward step - Gujarati poet Narmad
Never take a backward step, once you have taken a forward step - Gujarati poet Narmad
In his times, he was a revolutionary poet. Earlier, it was thought that all poems, must conform to rhyme patterns.
He made departure from this view and wrote poems in his own style.
The above line is from his famous poem. It means that in life, in whatever field you may be, once you have taken a forward step, you should never take a backward step.
Long essay can be written on benefit of this principle. To advance in life, this an important rule.
This poem was taught to us in primary school text books.
-Haresh Raichura
15/10/13
In his times, he was a revolutionary poet. Earlier, it was thought that all poems, must conform to rhyme patterns.
He made departure from this view and wrote poems in his own style.
The above line is from his famous poem. It means that in life, in whatever field you may be, once you have taken a forward step, you should never take a backward step.
Long essay can be written on benefit of this principle. To advance in life, this an important rule.
This poem was taught to us in primary school text books.
-Haresh Raichura
15/10/13
New focus of Judiciary: Balancing Fundamental Rights of people
New focus of Judiciary: Balancing Fundamental Rights of people
Every law and every action of Government is crosschecked with fundamental rights of citizens.
Courts have duty to struck down such laws or actions which may violate fundamental rights.
The trend has slightly changed.
During hearing of case, former Chief Justice S. H. Kapadia said, time has come when we have to seek a balance between this rights.
For example one action may be violating Art.21 of one person and yet it may be necessary to protect Right of 19(g) of another person. Here the court will have to balance these fundamental rights, looking at larger good of people.
Hence, the new trend is more towards balancing fundamental rights and less towards absolutely protecting fundamental rights.
Haresh Raichura
15/10/13
Every law and every action of Government is crosschecked with fundamental rights of citizens.
Courts have duty to struck down such laws or actions which may violate fundamental rights.
The trend has slightly changed.
During hearing of case, former Chief Justice S. H. Kapadia said, time has come when we have to seek a balance between this rights.
For example one action may be violating Art.21 of one person and yet it may be necessary to protect Right of 19(g) of another person. Here the court will have to balance these fundamental rights, looking at larger good of people.
Hence, the new trend is more towards balancing fundamental rights and less towards absolutely protecting fundamental rights.
Haresh Raichura
15/10/13
October 14, 2013
Heirs of 110 who died in temple stampede CAN FILE SUIT FOR DAMAGES in Law Of Tort as per 2008 Katju Judgement on negligence
Heirs of 110 who died in temple stampede CAN FILE SUIT FOR DAMAGES in Law of Tort as per 2008 Katju Judgement on negligence.
The stampede in which yesterday about 110 died at a temple in Madhya Pradesh is shocking case of negligence in administration.
In 2008 Judgement of Supreme Court, Justice Katju has discussed entire western law of tort and has examined its applicability in India.
He has held that government bodies cannot escape their liability in tort of law for its negligence and has found them liable.
Unfortunately, law of tort cases are still unfamiliar in India and very few are filed. But the law is there. Prima facie it seems that temple stampede is not a natural accident. It prima facie seems case of negligence by some State Authorities.
-Haresh Raichura
14/10/13
The stampede in which yesterday about 110 died at a temple in Madhya Pradesh is shocking case of negligence in administration.
In 2008 Judgement of Supreme Court, Justice Katju has discussed entire western law of tort and has examined its applicability in India.
He has held that government bodies cannot escape their liability in tort of law for its negligence and has found them liable.
Unfortunately, law of tort cases are still unfamiliar in India and very few are filed. But the law is there. Prima facie it seems that temple stampede is not a natural accident. It prima facie seems case of negligence by some State Authorities.
-Haresh Raichura
14/10/13
October 13, 2013
Junior Lawyers who also know of professional stenography, get easy placement with big lawyers and get high remuneration- Reasons
Junior Lawyers who also know of professional stenography, get easy placement with big lawyers and get high remuneration- Reasons
For any Senior Lawyer, a Junior lawyer knowing professional stenography is an asset. He can save lots of time of Senior Lawyer.
In most cases, Senior Lawyer can dictate one or two key points of case and can delegate rest of work to Junior lawyer.
I have seen them getting immediate engagement with very senior and most famous lawyers.
They are often indispensable to such lawyers.
-Haresh Raichura
13/10/13
For any Senior Lawyer, a Junior lawyer knowing professional stenography is an asset. He can save lots of time of Senior Lawyer.
In most cases, Senior Lawyer can dictate one or two key points of case and can delegate rest of work to Junior lawyer.
I have seen them getting immediate engagement with very senior and most famous lawyers.
They are often indispensable to such lawyers.
-Haresh Raichura
13/10/13
October 12, 2013
Learning (For Junior Lawyers) from Shri Fali S. Nariman, Senior Advocate - "Do not use pen/paper. Use your head."
Learning (For Junior Lawyers) from Shri Fali S. Nariman, Senior Advocate - "Do not use pen/paper. Use your head."
There are many things to learn from him.
Many years ago, once he was sitting in Library of Supreme Court and was telling about what his Senior had taught him.
Once he was making some notes from cases. His senior saw him. He told him, "Do not use pen and paper. Instead use your head."
It is true. Our brain's most capacities remain unutilized.
-Haresh Raichura
11/10/13
There are many things to learn from him.
Many years ago, once he was sitting in Library of Supreme Court and was telling about what his Senior had taught him.
Once he was making some notes from cases. His senior saw him. He told him, "Do not use pen and paper. Instead use your head."
It is true. Our brain's most capacities remain unutilized.
-Haresh Raichura
11/10/13
Learning (For Junior Lawyers) from Shri Ram Jethmalani, Senior Advocate
Learning (For Junior Lawyers) from Shri Ram Jethmalani, Senior Advocate
There are many things which can be learned from him. There are also many things one may not like to learn from him.
To my mind, two things can appeal to young lawyers:
1) It is heard that in his early days of advocacy, he had taken pain to memorise entire Criminal Procedure Code. He could recite all sections backward also.
What more can bring mastery in criminal law? Procedural Law is the key.
2) Secondly, he is reported to have said that he has tonnes of money, but he makes this money from his 10% of clients only.
This is a lesson. In 90% work a lawyer should not look at fees. This 90% work will bring him 10% rich clients from whom a lawyer can charge his dream fees
-Haresh Raichura
11/10/13
There are many things which can be learned from him. There are also many things one may not like to learn from him.
To my mind, two things can appeal to young lawyers:
1) It is heard that in his early days of advocacy, he had taken pain to memorise entire Criminal Procedure Code. He could recite all sections backward also.
What more can bring mastery in criminal law? Procedural Law is the key.
2) Secondly, he is reported to have said that he has tonnes of money, but he makes this money from his 10% of clients only.
This is a lesson. In 90% work a lawyer should not look at fees. This 90% work will bring him 10% rich clients from whom a lawyer can charge his dream fees
-Haresh Raichura
11/10/13
Learning (For Junior Lawyers) from former Chief Justice of India Justice M M Punchhi
Learning (For Junior Lawyers) from former Chief Justice of India Justice M M Punchhi
There are many things which I learned from this great Judge.
Following is one thing which may immediately inspire young lawyers.
It is heard that when he joined Bar, he first typed out entire Constitution of India.
In my view, it shows two things a) He had determination to succeed b) He had stamina to type out an entire book - ability to work hard
The Constitution of India is foundation stone of all laws. Once you have understood it, you can easily understand other laws.
-Haresh Raichura
11/10/13
There are many things which I learned from this great Judge.
Following is one thing which may immediately inspire young lawyers.
It is heard that when he joined Bar, he first typed out entire Constitution of India.
In my view, it shows two things a) He had determination to succeed b) He had stamina to type out an entire book - ability to work hard
The Constitution of India is foundation stone of all laws. Once you have understood it, you can easily understand other laws.
-Haresh Raichura
11/10/13
October 11, 2013
Learning form Nani Palkhiwala - A legend. #Law #India #Judiciary
Learning form Nani Palkhiwala - A legend
I had hardly one opportunity to see him in Supreme Court. That day, there was buzz in Supreme Court Bar that "Nani Palkhiwala was coming !
I had also gone to "see" him in First Court.
I had read his book "We, the People".
1) In preface, he said once he started practice, he kept studying briefs one by one as if it were a train.
Psychologists call this process as "Flow". When you are doing one thing after another non stop, it is called flow. Best of you comes out when you are in flow.
2) In book he said, it is good that in early morning we read some good classical literatures or poetry. It feels up one with enthusiasm to go and beat the dust of the day.
3) One thing I had heard about him.
Once an advocate came to brief him and said, this case was covered in their favour by a judgement. Nani Palkhiwala said, then you should go to some other counsel.
It means, you do not grow if you keep doing easy to do cases.
4) He believed in Fate. According to him man has freedom to do whatever he wants to do, just like a dog with chain in its neck. Dog has freedom to move, but not beyond length of chain.
5) He wanted to become professor of English. But he was rejected in interview. So he took up law and became a legend.
Here also, Fate shaped his destiny.
6) Once he had a case in Supreme Court. He had to fly form Bombay to Delhi. But he suddenly fell ill with fever. He cancelled journey.
The flight in which he was supposed to board, crashed in air and sank in sea immediately after take off.
Here also, Fate saved his life.
Haresh Raichura
11/10/13
I had hardly one opportunity to see him in Supreme Court. That day, there was buzz in Supreme Court Bar that "Nani Palkhiwala was coming !
I had also gone to "see" him in First Court.
I had read his book "We, the People".
1) In preface, he said once he started practice, he kept studying briefs one by one as if it were a train.
Psychologists call this process as "Flow". When you are doing one thing after another non stop, it is called flow. Best of you comes out when you are in flow.
2) In book he said, it is good that in early morning we read some good classical literatures or poetry. It feels up one with enthusiasm to go and beat the dust of the day.
3) One thing I had heard about him.
Once an advocate came to brief him and said, this case was covered in their favour by a judgement. Nani Palkhiwala said, then you should go to some other counsel.
It means, you do not grow if you keep doing easy to do cases.
4) He believed in Fate. According to him man has freedom to do whatever he wants to do, just like a dog with chain in its neck. Dog has freedom to move, but not beyond length of chain.
5) He wanted to become professor of English. But he was rejected in interview. So he took up law and became a legend.
Here also, Fate shaped his destiny.
6) Once he had a case in Supreme Court. He had to fly form Bombay to Delhi. But he suddenly fell ill with fever. He cancelled journey.
The flight in which he was supposed to board, crashed in air and sank in sea immediately after take off.
Here also, Fate saved his life.
Haresh Raichura
11/10/13
October 10, 2013
Convicted to life imprisionment on basis of words of a three year old child
Convicted to life imprisionment on basis of words of three year old child
In last week, I overheard about this case.
From what I overheard in court room, it looked that murder had taken place inside house. Relatives in house gave police statements that wife was killed by husband and they had no role in death.
In court, every witness changed their statements. They said they had not seen husband killing the wife.
Police had also cited a three year old child witness. Judge inquired with child. The child said Papa killed Mummy
This was the only witness who supported case of prosecution.
The judge then examined several other circumstances and convicted husband. The conviction was upheld by High Court. And Supreme Court also dismissed appeal.
Point: "Law may be blind. But Judges are not"
-Haresh Raichura
10/10/13
In last week, I overheard about this case.
From what I overheard in court room, it looked that murder had taken place inside house. Relatives in house gave police statements that wife was killed by husband and they had no role in death.
In court, every witness changed their statements. They said they had not seen husband killing the wife.
Police had also cited a three year old child witness. Judge inquired with child. The child said Papa killed Mummy
This was the only witness who supported case of prosecution.
The judge then examined several other circumstances and convicted husband. The conviction was upheld by High Court. And Supreme Court also dismissed appeal.
Point: "Law may be blind. But Judges are not"
-Haresh Raichura
10/10/13
"Accused are threatening me to withdraw complaint", a lady said to Judge. Judge said,"You cannot withdraw this complaint even if you want...Tell them."
"Accused are threatening me to withdraw my complaint", a lady said to Judge. Judge said,"You cannot withdraw this complaint even if you want...Tell them."
A scene in District Court
Once a complaint is registered as FIR, the complainant has no power to withdraw it. Only High Court or Supreme Court can cancel it.
The lady had filed some complaint against some accused. The District Judge had granted them bail.
So lady came with an application. She said she complained to police many times, but no one in police station is doing anything.
She had come with an application to withdraw complaint.
The District Judge said, he had dealt with only bail application. He is no more in charge of case. Once FIR is registered, only High Court or Supreme Court can cancel it. Complainant cannot withdraw it.
If complainant is threatened she should make proper application of "Cancelling Bail of Accused" or other complaint under other provision of law. But she cannot withdraw an FIR
-Haresh Raichura
10/10/13
A scene in District Court
Once a complaint is registered as FIR, the complainant has no power to withdraw it. Only High Court or Supreme Court can cancel it.
The lady had filed some complaint against some accused. The District Judge had granted them bail.
So lady came with an application. She said she complained to police many times, but no one in police station is doing anything.
She had come with an application to withdraw complaint.
The District Judge said, he had dealt with only bail application. He is no more in charge of case. Once FIR is registered, only High Court or Supreme Court can cancel it. Complainant cannot withdraw it.
If complainant is threatened she should make proper application of "Cancelling Bail of Accused" or other complaint under other provision of law. But she cannot withdraw an FIR
-Haresh Raichura
10/10/13
"If other side has done "setting with police", you should have lodged a FIR"- said District Judge
"If other side has done "setting with police", you should have lodged a FIR"- said District Judge
The scene was in a trial court. Tenant said to the judge, "The complainant who complained against me is juvenile but his uncle is property dealer. They asked me to vacate or they will file case on me through police and some recovery will be found"
The Judge said, how can I believe your story without any proof? You should have immediately lodged a FIR.
The point: Oral allegations by accused cannot be relied by court unless supported by evidence. In such case, tenant should have immediately lodged FIR or complaint in court.
Haresh Raichura
10/10/13
The scene was in a trial court. Tenant said to the judge, "The complainant who complained against me is juvenile but his uncle is property dealer. They asked me to vacate or they will file case on me through police and some recovery will be found"
The Judge said, how can I believe your story without any proof? You should have immediately lodged a FIR.
The point: Oral allegations by accused cannot be relied by court unless supported by evidence. In such case, tenant should have immediately lodged FIR or complaint in court.
Haresh Raichura
10/10/13
October 9, 2013
Legal reasons why Death Penalty is not given in every murder case
Legal reasons why Death Penalty is not given in every murder case
The law says that if Murder is Proved punishment will be either Life Imprisionment or Death Sentence.
The constitutionality of this law was challenged on the ground of arbitrariness. Because the section provides no guidelines as to when to give life sentence and when to give death sentence.
The Supreme Court upheld validity of above section with clarification that Death Sentence in Rarest of Rare Crime and in other cases Life Imprisionment.
Then a question arose: Which crime can be considered "Rarest of Rare"?
Time to time judges have laid down which crimes are considered Rarest of Rare.
But they also said, no hard and fast rule can be laid. In each case they will decide whether it is rarest of rare crime or not.
Thus, this is a question of fact in each case.
Haresh Raichura
9/10/13
The law says that if Murder is Proved punishment will be either Life Imprisionment or Death Sentence.
The constitutionality of this law was challenged on the ground of arbitrariness. Because the section provides no guidelines as to when to give life sentence and when to give death sentence.
The Supreme Court upheld validity of above section with clarification that Death Sentence in Rarest of Rare Crime and in other cases Life Imprisionment.
Then a question arose: Which crime can be considered "Rarest of Rare"?
Time to time judges have laid down which crimes are considered Rarest of Rare.
But they also said, no hard and fast rule can be laid. In each case they will decide whether it is rarest of rare crime or not.
Thus, this is a question of fact in each case.
Haresh Raichura
9/10/13
October 8, 2013
"A Lawyer never wins or loses any case. It is the client who loses or wins a case."- said a colleague
"A Lawyer never wins or loses any case. It is the client who loses or wins a case."- said a colleague
That day, I had lost a good case. Justice was in favour of my client but there were so many blunders in leading evidence in trial court.
I was sitting in Supreme Court library and was trying to adjust myself to loss of case. I must be looking sad.
Then a colleague advised, "Remember always. A Lawyer never wins or loses any case. It is the client who loses or wins a case."
-Haresh Raichura
9/10/13
That day, I had lost a good case. Justice was in favour of my client but there were so many blunders in leading evidence in trial court.
I was sitting in Supreme Court library and was trying to adjust myself to loss of case. I must be looking sad.
Then a colleague advised, "Remember always. A Lawyer never wins or loses any case. It is the client who loses or wins a case."
-Haresh Raichura
9/10/13
This Court is great. We are not great."- said a Supreme Court Advocate.
"This Court is great. We are not great."- said a Supreme Court Advocate.
Today met an advocate who had filed a number of PIL petitions in Supreme Court.
The advocate was quite humble. She said, "This is Court is a great court. We are not great. We should do nothing that may dim image of this Court. It is a great privilege to practice and argue before Supreme Court."
Haresh Raichura
8/10/13
Today met an advocate who had filed a number of PIL petitions in Supreme Court.
The advocate was quite humble. She said, "This is Court is a great court. We are not great. We should do nothing that may dim image of this Court. It is a great privilege to practice and argue before Supreme Court."
Haresh Raichura
8/10/13
October 7, 2013
SC: Death of a poor wall painter in accident. Compensation enhanced from 2.5 Lakh to 16.96,000/- Landmark Case
SC: Death of a poor wall painter in accident. Compensation enhanced from 2.5 Lakh to 16.96,000/- Landmark Case
Supreme Court Judges have laid down new parameters for accident claim cases.
The Hon'ble Judges who laid down new law were Hon'ble Justice G. S. Singhvi and Hon'ble V. Gopala Gowda
Supreme Court Judges have laid down new parameters for accident claim cases.
The Hon'ble Judges who laid down new law were Hon'ble Justice G. S. Singhvi and Hon'ble V. Gopala Gowda
Civil Appeal No. 8251 of 2013 Judgement is dated 3/10/13 titled Shanobano.
This judgement will help Lakhs of poor victims of accident who have no documents to prove their income.
In this case counsel for widow and children of painter was Saroj Raichura.
Haresh Raichura
7/3/13
This judgement will help Lakhs of poor victims of accident who have no documents to prove their income.
In this case counsel for widow and children of painter was Saroj Raichura.
Haresh Raichura
7/3/13
Power of Supreme Court to transfer any case from court of one State to court of another State
Power of Supreme Court to transfer any case from court of one State to court of another State
Such powers of Supreme Court are at two places:
1) For Civil Cases: Sec. 25 of Code of Civil Procedure
2) For Criminal Cases: Sec. 406 of Code of Criminal Procedure
Haresh Raichura
7/10/13
Such powers of Supreme Court are at two places:
1) For Civil Cases: Sec. 25 of Code of Civil Procedure
2) For Criminal Cases: Sec. 406 of Code of Criminal Procedure
Haresh Raichura
7/10/13
Do you know that once cases to be filed in Supreme Court were required to be printed in printing press?
Do you know that once cases to be filed in Supreme Court were required to be printed in printing press?
Yes. They were required to be printed in press. The Judges used hear case on basis of printed case books.
Then rules changed when cyclostiled, made from stencil cut typed papers were allowed to be filed.
Then xerox machines and computers came.
Now typed or computer typed case with photocopies are allowed to be filed.
Time and technology changes procedural rules.
Haresh Raichura
7/10/13
Yes. They were required to be printed in press. The Judges used hear case on basis of printed case books.
Then rules changed when cyclostiled, made from stencil cut typed papers were allowed to be filed.
Then xerox machines and computers came.
Now typed or computer typed case with photocopies are allowed to be filed.
Time and technology changes procedural rules.
Haresh Raichura
7/10/13
Main issue which need to be checked before filing a writ petition in High Court
Main issue which need to be checked before filing a writ petition in High Court
Authority against which you want to complaint, must have "Some Legal Obligation to act in a certain way"
This legal obligation may arise from fundamental rights, from some Central Act, from Some State Act, or some rules, some circulars, some schemes etc.
Then you must have made a representation to authority to act as per law and to redress your complaint.
If they still do not listen, then writ can be filed. Then High Court gets power to issue writ of mandamus to direct authority to act as per law.
Haresh Raichura
7/10/13
Authority against which you want to complaint, must have "Some Legal Obligation to act in a certain way"
This legal obligation may arise from fundamental rights, from some Central Act, from Some State Act, or some rules, some circulars, some schemes etc.
Then you must have made a representation to authority to act as per law and to redress your complaint.
If they still do not listen, then writ can be filed. Then High Court gets power to issue writ of mandamus to direct authority to act as per law.
Haresh Raichura
7/10/13
After a case is lost in High Court, time limit for filing case in Supreme Court
After a case is lost in High Court, time limit for filing case in Supreme Court
There are mainly two rules:
If the order is of Delhi High Court, petition should be filed within 60 days.
For all other High Courts, the rule is that petition should be filed within 90 days.
There are also some other rules. But main are above two.
Haresh Raichura
7/10/13
There are mainly two rules:
If the order is of Delhi High Court, petition should be filed within 60 days.
For all other High Courts, the rule is that petition should be filed within 90 days.
There are also some other rules. But main are above two.
Haresh Raichura
7/10/13
October 6, 2013
What you can do when the whole world says that your opinion is absolutely wrong?
What you can do when the whole world says that your opinion is absolutely wrong?
Years ago, I had read a novel titled "No Highway" by Nevil Shute
An aviation scientist was flying on plane. He was working on a theory that every air craft metal has an age. After certain hours of flying, every air craft is bound to crash in air automatically.
Suddenly, he found that the plane in which he was flying was about to complete its metal age flying hours. If his theory was right, then the plane in which he was travelling was liable to crash in the air in two hours.
Neither Pilot nor anyone was ready to believe him or to stop flight. There were yet no evidence of his theory.
The scientist was facing a situation of No Highway. No one was ready to listen to his opinion or theory.
As he saw, life of everyone on flight was in danger.
He decides to act as per his belief. He does a mad act which compulsorily stops plane from further flying.
This is how he acted as per his belief even if the whole world was against him.
20 years after this novel was published, scientists actually found that theory described in novel was right and it was cause behind many air craft crashes.
This novel inspired me a lot.
Haresh Raichura
6/10/13
Years ago, I had read a novel titled "No Highway" by Nevil Shute
An aviation scientist was flying on plane. He was working on a theory that every air craft metal has an age. After certain hours of flying, every air craft is bound to crash in air automatically.
Suddenly, he found that the plane in which he was flying was about to complete its metal age flying hours. If his theory was right, then the plane in which he was travelling was liable to crash in the air in two hours.
Neither Pilot nor anyone was ready to believe him or to stop flight. There were yet no evidence of his theory.
The scientist was facing a situation of No Highway. No one was ready to listen to his opinion or theory.
As he saw, life of everyone on flight was in danger.
He decides to act as per his belief. He does a mad act which compulsorily stops plane from further flying.
This is how he acted as per his belief even if the whole world was against him.
20 years after this novel was published, scientists actually found that theory described in novel was right and it was cause behind many air craft crashes.
This novel inspired me a lot.
Haresh Raichura
6/10/13
"Don't stand in lobby of court. Sit inside court."- Judge said to lawyer
The incident is small. The meaning is very deep.
My case was called out. I was waiting outside court. It took me about a minute or more for reaching from door of crowded court to in front of Judge.
The Judge was Justice S.P. Bharucha. He later also became Chief Justice of India.
Judge asked me, "Where were you?"
I said, "I was just outside the court waiting for my case."
Judge said, "Don't stand in lobby. Sit in Court."
This was a small incident.
The deeper meaning is :
There are two types of lawyers. Those who are always inside the court. And those who are mostly outside the court.
Those who sit inside the court are usually more weightier ( and wealthier) than those who usually remain outside the court.
-Haresh Raichura
6/10/13
My case was called out. I was waiting outside court. It took me about a minute or more for reaching from door of crowded court to in front of Judge.
The Judge was Justice S.P. Bharucha. He later also became Chief Justice of India.
Judge asked me, "Where were you?"
I said, "I was just outside the court waiting for my case."
Judge said, "Don't stand in lobby. Sit in Court."
This was a small incident.
The deeper meaning is :
There are two types of lawyers. Those who are always inside the court. And those who are mostly outside the court.
Those who sit inside the court are usually more weightier ( and wealthier) than those who usually remain outside the court.
-Haresh Raichura
6/10/13
Copy Cat Rules of Easy Success
Copy Cat Rules of Easy Success
There was a time when originality of anything was appreciated, praised and rewarded.
Now a class of people have come up who have reached success by following "Copy Cat Rules"
Go to two or three years back in timeline.
Find out what was most successful then.
Than copy it and present it as something new with some new titles.
It works. The world is too big. Information is now in palm.
Mostly successful movies are based on ideas lifted from previous successful movies of world.
The culture has changed.
Haresh Raichura
6/10/13
There was a time when originality of anything was appreciated, praised and rewarded.
Now a class of people have come up who have reached success by following "Copy Cat Rules"
Go to two or three years back in timeline.
Find out what was most successful then.
Than copy it and present it as something new with some new titles.
It works. The world is too big. Information is now in palm.
Mostly successful movies are based on ideas lifted from previous successful movies of world.
The culture has changed.
Haresh Raichura
6/10/13
Learning from Alfred Adler: Competition between First Child and Second Child to win more attention of parents
Learning from Alfred Adler: Competition between First Child and Second Child to win more attention of parents
Years ago, I had read a book of psychologist Alfred Adler, titled "Understanding of Human Nature"
The point which appealed me most was about his analysis of competition between children.
When first child is born, he gets sole attention and love of parents. Within two years of his birth, if second child is born, he notices that his importance is now reduced. The sole attention and love of parents he was getting is now shared by second child. Then a competition begins between them to catch more attention and more love of parents.
Usually, second child outsmarts the first child in life also.
The situation is different if gap between two child is more than three years. According to him, then first Child develop feelings as if he is "Protector and Care Taker" of his younger brother. This feeling remains whole life.
Look around you.
When you see an an elder brother and a younger brother where age gap is less than 2 years, you may find that younger brother is smarter than the elder brother.
I found the book very good which treats each individual as an individual.
Haresh Raichura
6/10/13
-Haresh Raichura
Years ago, I had read a book of psychologist Alfred Adler, titled "Understanding of Human Nature"
The point which appealed me most was about his analysis of competition between children.
When first child is born, he gets sole attention and love of parents. Within two years of his birth, if second child is born, he notices that his importance is now reduced. The sole attention and love of parents he was getting is now shared by second child. Then a competition begins between them to catch more attention and more love of parents.
Usually, second child outsmarts the first child in life also.
The situation is different if gap between two child is more than three years. According to him, then first Child develop feelings as if he is "Protector and Care Taker" of his younger brother. This feeling remains whole life.
Look around you.
When you see an an elder brother and a younger brother where age gap is less than 2 years, you may find that younger brother is smarter than the elder brother.
I found the book very good which treats each individual as an individual.
Haresh Raichura
6/10/13
-Haresh Raichura
Learning from Emerson (Very Short Point)
Years ago, I read Emerson's most famous essay titled "Self Reliance". It instantly changed my views.
I particularly remember his two points:
First point
1) An ordinary man sees open land and and barren land. An intelligent man sees buildings which are yet to come up on this land and farms which are yet to be ploughed on barren land.
Second Point
2) Look at the great man of all times. They said nothing new which was not already in your heart. But you had no courage to speak what is in your heart. But they had courage to speak what was in their heart. That made them great men.
-Haresh Raichura
6/10/14
I particularly remember his two points:
First point
1) An ordinary man sees open land and and barren land. An intelligent man sees buildings which are yet to come up on this land and farms which are yet to be ploughed on barren land.
Second Point
2) Look at the great man of all times. They said nothing new which was not already in your heart. But you had no courage to speak what is in your heart. But they had courage to speak what was in their heart. That made them great men.
-Haresh Raichura
6/10/14
October 5, 2013
Court cannot gag media from reporting a court case permanently - It can however direct postponement of reporting
Court cannot gag media from reporting a court case permanently - It can however direct postponement of reporting- Supreme Court
Open Justice is not an absolute right. When media reporting of trial is likely to effect witnesses, when it is likely to prejudice accused or prosecution, when it is likely to adversary affect cool minded reasoning based administration of Justice, court can issue a general gag order that media shall not report about trial till it is concluded.
Court can put such ban temporarily, but it cannot ban media permanently from reporting any case.
No fixed guidelines or rules can be framed for this purpose. In each case, accused or prosecution can make an application to court and the Judge will decide such applications according to facts of case.
Supreme Court has decided this issue after elaborate debate.
-Haresh Raichura
5/10/13
Open Justice is not an absolute right. When media reporting of trial is likely to effect witnesses, when it is likely to prejudice accused or prosecution, when it is likely to adversary affect cool minded reasoning based administration of Justice, court can issue a general gag order that media shall not report about trial till it is concluded.
Court can put such ban temporarily, but it cannot ban media permanently from reporting any case.
No fixed guidelines or rules can be framed for this purpose. In each case, accused or prosecution can make an application to court and the Judge will decide such applications according to facts of case.
Supreme Court has decided this issue after elaborate debate.
-Haresh Raichura
5/10/13
Judge: "Why do you insist on a separate home? Why do you want to separate husband from his parents?
Judge: "Why do you insist on a separate home? Why do you want to separate husband from his parents?
The wife or her lawyer were unable to reply.
The wife had no complaints of torture by husband or in laws. But unreasonably she was insisting that she will not return to matrimonial home unless husband rents a separate house. She just did not want to live with parents or to serve them.
The husband felt very hurt. He felt that she had no business to live with him unless she also accepted and served his parents.
He was very much attached to his father and mother.
According to him, wife had no right to break their home and to insist him to stay away from his parents.
Judge pondered.
He adjourned matter after recess. During recess, judge asked wife and husband to meet him in chamber. He called them separately.
He asked wife, why she insisted on a separate house when there was no complaints against her in laws?
After some reluctance, wife broke down. She said, after her husband goes to work, his father in law was making passes against her. He was ogling her with evil intention. And she felt very very insecure. She was not in position to complain to her husband, because her husband loved his father and mother very much.
Judge understood. He called husband in chamber and persuaded him to get a separate house.
The couple lived happily thereafter.
(Based on a true story told to me by a retired High Court Judge)
Haresh Raichura
5/10/2013
The wife or her lawyer were unable to reply.
The wife had no complaints of torture by husband or in laws. But unreasonably she was insisting that she will not return to matrimonial home unless husband rents a separate house. She just did not want to live with parents or to serve them.
The husband felt very hurt. He felt that she had no business to live with him unless she also accepted and served his parents.
He was very much attached to his father and mother.
According to him, wife had no right to break their home and to insist him to stay away from his parents.
Judge pondered.
He adjourned matter after recess. During recess, judge asked wife and husband to meet him in chamber. He called them separately.
He asked wife, why she insisted on a separate house when there was no complaints against her in laws?
After some reluctance, wife broke down. She said, after her husband goes to work, his father in law was making passes against her. He was ogling her with evil intention. And she felt very very insecure. She was not in position to complain to her husband, because her husband loved his father and mother very much.
Judge understood. He called husband in chamber and persuaded him to get a separate house.
The couple lived happily thereafter.
(Based on a true story told to me by a retired High Court Judge)
Haresh Raichura
5/10/2013
October 4, 2013
Judge asked, "Do you think we are fools?". Senior Advocate smiled and replied....
Judge asked, "Do you think we are fools?". Senior Advocate smiled and replied....
Here, the Senior Advocate was arguing and was trying to prove that the White is black and the black is actually white.
Judge suddenly got angry and asked,"Do you think we are fools?"
Senior Advocate smiled and replied," Sir, if I say Yes, I will be committing contempt of court. And if I say No, I will be guilty of committing perjury."(Perjury means to tell lie in court)
.... (Based on a true story)
Haresh Raichura
4/10/13
Here, the Senior Advocate was arguing and was trying to prove that the White is black and the black is actually white.
Judge suddenly got angry and asked,"Do you think we are fools?"
Senior Advocate smiled and replied," Sir, if I say Yes, I will be committing contempt of court. And if I say No, I will be guilty of committing perjury."(Perjury means to tell lie in court)
.... (Based on a true story)
Haresh Raichura
4/10/13
"It is we judges who are answerable to God, and not you", said the Judge M.B.Masaria
"It is we judges who are answerable to God, and not you", said the Judge M.B.Masaria
He was a magistrate in Junagadh when I joined Bar in 1982.
I lacked confidence and I was apprehensive while appearing before judges. I always thought that I have not prepared well and I am not ready to argue my case.
One day, this kind judge, M. B. Masaria called me in his chamber and said,"You should not be afraid in arguing your case- whether you are prepared or not. It is the Judge who has to pass the right order. It is the Judge who is answerable to God and not you."
Since that day, my fear of arguing cases was gone.
Haresh Raichura
4/10/13
He was a magistrate in Junagadh when I joined Bar in 1982.
I lacked confidence and I was apprehensive while appearing before judges. I always thought that I have not prepared well and I am not ready to argue my case.
One day, this kind judge, M. B. Masaria called me in his chamber and said,"You should not be afraid in arguing your case- whether you are prepared or not. It is the Judge who has to pass the right order. It is the Judge who is answerable to God and not you."
Since that day, my fear of arguing cases was gone.
Haresh Raichura
4/10/13
How lawyers admit their mistakes during hearings in Court.
How lawyers admit their mistakes during hearings in Court.
A. General Rule of Admitting a mistake
After admitting a mistake, do not add "but...". Do not try to justify mistake. Do not try to explain your mistake. Add nothing after admitting a mistake.
If you want to add something then add, "This will not happen again".
This is a good way of admitting a mistake.
In Court Rooms
It is duty of advocates to make correct statements of facts. Errors in understanding of law can be condoned because there are multiple way in which law can be understood. Mistakes in facts are frowned upon by courts.
When a lawyer is found to have made a mistake, if judge has pointed out mistake, he says, I am obliged, Sir. I made a mistake. I stand corrected."
If other side lawyer has pointed out mistake, he says, I am obliged to my learned brother for pointing out this. I stand corrected."
Thus, there are many nice ways of admitting a mistake.
The more nice you be, the more nice you are.
Haresh Raichura
4/1013
A. General Rule of Admitting a mistake
After admitting a mistake, do not add "but...". Do not try to justify mistake. Do not try to explain your mistake. Add nothing after admitting a mistake.
If you want to add something then add, "This will not happen again".
This is a good way of admitting a mistake.
In Court Rooms
It is duty of advocates to make correct statements of facts. Errors in understanding of law can be condoned because there are multiple way in which law can be understood. Mistakes in facts are frowned upon by courts.
When a lawyer is found to have made a mistake, if judge has pointed out mistake, he says, I am obliged, Sir. I made a mistake. I stand corrected."
If other side lawyer has pointed out mistake, he says, I am obliged to my learned brother for pointing out this. I stand corrected."
Thus, there are many nice ways of admitting a mistake.
The more nice you be, the more nice you are.
Haresh Raichura
4/1013
October 3, 2013
Why it takes 20 to 25 years to Supreme Court to struck down a law as UNCONSTITUTIONAL ? Some short reasons
Why it takes 20 to 25 years to Supreme Court to struck down a law as UNCONSTITUTIONAL ?
Some short reasons
The law under which unconstitutional laws are struck down is called "Law of Interpretation of Statues". This is a Judge-made law - developed by judges with experiences over last 500 years.
To struck down a law, it requires long debates. Sometimes debates and arguments in courts require months of hearing and arguments.
1. Three Types of Courts in India have powers to struck down law as unconstitutional. You can file a civil suit for declaring law unconstitutional in court of any Civil Judge nearest to you. You can file writ in High Court and in Supreme Court.
2. Earlier, some lawyers filed petitions in High Court and some choose to file in Supreme Court.
3. Then law changed. If you are challenging any State Law, go to High Court of that State. If you are challenging any Central Law, then come to Supreme Court.
4. Then law changed. Even for challenging a Central Law, you have to first file petition in High Court.
5. People challenged Central Law in many High Courts. So to avoid conflicting decisions, Supreme Court transferred such cases in Supreme Court.
6. Then again law changed. Instead of transferring such cases to itself from various High Courts, Supreme Court transferred all such cases to any one High Court.
7. Then if any party is aggrieved by that decision, it can appeal to Supreme Court.
8. So at present, if you want to challenge any State or Central Law, first you have to fight in High Court. There it may take about 10 years. ( Rough estimate). Then an appeal will come to Supreme Court and again it may take many years before final verdict comes.
This does not mean that Supreme Court cannot take a direct petition against any law. It can. But it uses it's power judiciously. Direct petitions are normally not encouraged.
Well, there is a cliche: "Whatever you see, has some reasons to be there."
You may not fully know the reasons, but it doesn't really matter. Law is a self purifying process. It takes it's own time.
Haresh Raichura
3/10/13
-Haresh Raichura
Some short reasons
The law under which unconstitutional laws are struck down is called "Law of Interpretation of Statues". This is a Judge-made law - developed by judges with experiences over last 500 years.
To struck down a law, it requires long debates. Sometimes debates and arguments in courts require months of hearing and arguments.
1. Three Types of Courts in India have powers to struck down law as unconstitutional. You can file a civil suit for declaring law unconstitutional in court of any Civil Judge nearest to you. You can file writ in High Court and in Supreme Court.
2. Earlier, some lawyers filed petitions in High Court and some choose to file in Supreme Court.
3. Then law changed. If you are challenging any State Law, go to High Court of that State. If you are challenging any Central Law, then come to Supreme Court.
4. Then law changed. Even for challenging a Central Law, you have to first file petition in High Court.
5. People challenged Central Law in many High Courts. So to avoid conflicting decisions, Supreme Court transferred such cases in Supreme Court.
6. Then again law changed. Instead of transferring such cases to itself from various High Courts, Supreme Court transferred all such cases to any one High Court.
7. Then if any party is aggrieved by that decision, it can appeal to Supreme Court.
8. So at present, if you want to challenge any State or Central Law, first you have to fight in High Court. There it may take about 10 years. ( Rough estimate). Then an appeal will come to Supreme Court and again it may take many years before final verdict comes.
This does not mean that Supreme Court cannot take a direct petition against any law. It can. But it uses it's power judiciously. Direct petitions are normally not encouraged.
Well, there is a cliche: "Whatever you see, has some reasons to be there."
You may not fully know the reasons, but it doesn't really matter. Law is a self purifying process. It takes it's own time.
Haresh Raichura
3/10/13
-Haresh Raichura
When a Law passed by Law Makers can be struck down by courts as UNCONSTITUTIONAL- Some pointers
When a Law passed by Law Makers can be struck down by courts as UNCONSTITUTIONAL- Some pointers
Any law passed by Parliament or any State Legislature can be struck down by Courts as UNCONSTITUTIONAL
- If it violates fundamental rights of citizens described in Constitution
- If it puts unreasonable restriction on fundamental rights of citizens
- If it violates basic structure theory of Constitution
- If it is beyond the powers given by Constitution to the Parliament and the State Legislatures
- If it violates any other provision of Constitution
- If it destroys the Federal and Democratic Structure of Nation
- If it takes away independence of Judiciary
- If it says that certain orders of Government cannot be challenged in Court
- If it is against the spirit of the Constitution.
-Haresh Raichura
3/10/13
Any law passed by Parliament or any State Legislature can be struck down by Courts as UNCONSTITUTIONAL
- If it violates fundamental rights of citizens described in Constitution
- If it puts unreasonable restriction on fundamental rights of citizens
- If it violates basic structure theory of Constitution
- If it is beyond the powers given by Constitution to the Parliament and the State Legislatures
- If it violates any other provision of Constitution
- If it destroys the Federal and Democratic Structure of Nation
- If it takes away independence of Judiciary
- If it says that certain orders of Government cannot be challenged in Court
- If it is against the spirit of the Constitution.
-Haresh Raichura
3/10/13
Do Courts have any say in preparation of voters' lists? Can they say who should be eligible or not eligible to be included in voter list? Yes
Do Courts have any say in preparation of voters' lists? Can they say who should be eligible or not eligible to be included in voter list?
Yes. They have.
This question has been debated and decided by Supreme Court in case of Supreme Court Bar Association by a bench presided by Justice J.M. Panchal.
If in any government or government-aided institute, malpractices are being done in preparation of Voters Lists, the Courts have jurisdiction to step in and to set things right.
-Haresh Raichura
3/10/13
Yes. They have.
This question has been debated and decided by Supreme Court in case of Supreme Court Bar Association by a bench presided by Justice J.M. Panchal.
If in any government or government-aided institute, malpractices are being done in preparation of Voters Lists, the Courts have jurisdiction to step in and to set things right.
-Haresh Raichura
3/10/13
"Show me the Rule that this car parking is reserved for you?"- Lawyer challenged Chief Justice of Bombay High Court
"Show me the Rule that this car parking is reserved for you?"- Lawyer challenged Chief Justice of Bombay High Court
This is a story from pre partition days of India. Name of this lawyer was K.L.Gauba.
He was practising in Bombay High Court. The parking for cars of lawyers and cars of
Judges were separate.
One day, he came early and parked his car right in the parking slot reserved for Chief Justice of Bombay High Court.
He refused to move his car unless Rules were shown that this parking slot was reserved for Chief Justice of Bombay High Court.
He was right. There were no rules. Legally, no one can remove his car without his permission.
Thereafter Rules were framed by Bombay High Court for parking slots for Judges and lawyers.
Those were days of great lawyers and great judges who believed in rule of law.
Today, any one can put signboard on gate of his house saying "No Parking Here".
Some have also put signboards that "No parking here. If parked, air will be taken out from car tyres".
These are signboards which are not based on Rules.
But no one challenges. We do not believe much in Rule of Law. Or do we?
-Haresh Raichura
3/10/13
This is a story from pre partition days of India. Name of this lawyer was K.L.Gauba.
He was practising in Bombay High Court. The parking for cars of lawyers and cars of
Judges were separate.
One day, he came early and parked his car right in the parking slot reserved for Chief Justice of Bombay High Court.
He refused to move his car unless Rules were shown that this parking slot was reserved for Chief Justice of Bombay High Court.
He was right. There were no rules. Legally, no one can remove his car without his permission.
Thereafter Rules were framed by Bombay High Court for parking slots for Judges and lawyers.
Those were days of great lawyers and great judges who believed in rule of law.
Today, any one can put signboard on gate of his house saying "No Parking Here".
Some have also put signboards that "No parking here. If parked, air will be taken out from car tyres".
These are signboards which are not based on Rules.
But no one challenges. We do not believe much in Rule of Law. Or do we?
-Haresh Raichura
3/10/13
Learning from former Attorney General M. C. Setalvad
Learning from former Attorney General M. C. Setalvad
There are many things to learn from his his autobiography called "My Life".
His method which impressed me most was "Keep a Register of Books you read"
He used to keep a register. Whenever he read a new book, he used to note it in a register.
Lawyers read a lot of books in their life. Habit of keeping a register of books you read has great value.
It is like a bank pass book go your knowledge.
-Haresh Raichura
3/10/13
There are many things to learn from his his autobiography called "My Life".
His method which impressed me most was "Keep a Register of Books you read"
He used to keep a register. Whenever he read a new book, he used to note it in a register.
Lawyers read a lot of books in their life. Habit of keeping a register of books you read has great value.
It is like a bank pass book go your knowledge.
-Haresh Raichura
3/10/13
October 2, 2013
Governor has no option but to sign the Lokayukt Bill, second time passed by Gujarat Legislative Assembly
Governor has no option but to sign the Lokayukt Bill which is second time passed by Gujarat Legislative Assembly
After passing any Bill, Legislative Assembly has to send it to The Governor for signature. After Governor signs, it becomes Act or Law.
Here, the Governor has a option. If he has some objection or different view, he can send it back to Legislative Assembl with his remarks.
If the Assembly passes this bill again, with or without amenments, and sends it to Governor for signature, then the Governor has no option but to sign it.
Therefore in my view, the Governor has no option but to sign the Lokayukt Bill which Assembly has sent it second time for signature.
-Haresh Raichura
2/10/13
After passing any Bill, Legislative Assembly has to send it to The Governor for signature. After Governor signs, it becomes Act or Law.
Here, the Governor has a option. If he has some objection or different view, he can send it back to Legislative Assembl with his remarks.
If the Assembly passes this bill again, with or without amenments, and sends it to Governor for signature, then the Governor has no option but to sign it.
Therefore in my view, the Governor has no option but to sign the Lokayukt Bill which Assembly has sent it second time for signature.
-Haresh Raichura
2/10/13
Can you file PIL to Increase Retirement Age of Supreme Court and High Court Judges? No- as of now
Can you file PIL to Increase Retirement Age of Supreme Court and High Court Judges?
Recently one such petition was dismissed by Supreme Court.
Life span of people is increased. People (Politicians, Lawyers etc work effectively up to age 85).
A Supreme Court Judge retires at 65. High Court judge at 62.
They have to keep looking for jobs to keep them active up to 85.
They look forward to post-retirement dignified posts which only Govt can give.
This need can be decreased if age of High Court Judges is increased up to 68 and of Supreme Court Judges at 70.
But this a Govt and Legislative function. The Courts as of now cannot give any directions in this regard.
Haresh Raichura
2/10/13
Recently one such petition was dismissed by Supreme Court.
Life span of people is increased. People (Politicians, Lawyers etc work effectively up to age 85).
A Supreme Court Judge retires at 65. High Court judge at 62.
They have to keep looking for jobs to keep them active up to 85.
They look forward to post-retirement dignified posts which only Govt can give.
This need can be decreased if age of High Court Judges is increased up to 68 and of Supreme Court Judges at 70.
But this a Govt and Legislative function. The Courts as of now cannot give any directions in this regard.
Haresh Raichura
2/10/13
October 1, 2013
Discussion between a Senior Advocate and a Junior Advocate- A day in Supreme Court.
Discussion between a Senior Advocate and a Junior Advocate-
A day in Supreme Court.
Junior Advocate suggested and instructed Senior Statements about what is to be submitted to court.
"No", said Senior Advocate. "That is a wrong statement. If you want to make that submission than you have to argue. I cannot appear."
Then he added, "I have two principles. 1) Do not make an incorrect statement to court. 2) Do not make a false statement to court."
-Haresh Raichura
1/10/13
A day in Supreme Court.
Junior Advocate suggested and instructed Senior Statements about what is to be submitted to court.
"No", said Senior Advocate. "That is a wrong statement. If you want to make that submission than you have to argue. I cannot appear."
Then he added, "I have two principles. 1) Do not make an incorrect statement to court. 2) Do not make a false statement to court."
-Haresh Raichura
1/10/13
Why matriculation certificate is looked differently in Juvenile Law and in Service Law: Reasons
Why matriculation certificate is looked differently in Juvenile Law and in Service Law: Reasons
1) In Service Law :Many times people give wrong birth date at time of joining service. Sometimes they do intentionally to gain some benefits and sometimes they do it due to bonafide mistakes.
Most service rules provide that such mistakes can be corrected within Two years of joining service. There are procedures prescribed under every rules.
Law is settled by Supreme Court that at fag end of service, neither government nor employee can change date of birth. The underlying principle is, for many years, employee keep getting benefits under certain age. Then, at time of his retirement, if he says that he is younger, entitled to more years of service,such plea cannot be entertained.
2) In Juvenile Law there are two relevant rules for this.
a) If a person was juvenile at time of committing crime, this question he can raise anytime. Even for first time in Supreme Court.
b) Juvenile Law says that Matriculation Certificate will be considered by courts as conclusive proof of age.
These are the main difference between these two laws.
The courts are bound to judge as per applicable laws.
Haresh Raichura
1/10/2013
-Haresh Raichura
1) In Service Law :Many times people give wrong birth date at time of joining service. Sometimes they do intentionally to gain some benefits and sometimes they do it due to bonafide mistakes.
Most service rules provide that such mistakes can be corrected within Two years of joining service. There are procedures prescribed under every rules.
Law is settled by Supreme Court that at fag end of service, neither government nor employee can change date of birth. The underlying principle is, for many years, employee keep getting benefits under certain age. Then, at time of his retirement, if he says that he is younger, entitled to more years of service,such plea cannot be entertained.
2) In Juvenile Law there are two relevant rules for this.
a) If a person was juvenile at time of committing crime, this question he can raise anytime. Even for first time in Supreme Court.
b) Juvenile Law says that Matriculation Certificate will be considered by courts as conclusive proof of age.
These are the main difference between these two laws.
The courts are bound to judge as per applicable laws.
Haresh Raichura
1/10/2013
-Haresh Raichura
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