Doors are still not CLOSED by Supreme Court for CAMPA COLA building residents

Yesterday I read reported judgements of CAMPA COLA building residents.

Many things in judgement are there which are not reported in proper perspective by media.

I would mention here about only one thing not properly projected in media.

On Earlier date, Attorney General sought time to give some proposal to Supreme Court about alternative arrangement which can be made for residents of CAMPA COLA residents.

Supreme Court recorded his statement.

Next date, Attorney General said that after examining facts of this case, he has not
been able to come up with any concrete proposal.

So Supreme Court recorded his statement and passed order.

Doors are not closed.


If any proposal has to be made in this case, it has to come from Maharashtra Government. In Judgement, neither Maharashtra Government nor Central Government has said categorical NO.

Some burden is there on Maharashtra Govt because the buildings are there since about 1984 or so. About 29 years. Many owners may have changed. Many laws have been changed.

As per my limited understanding, what these legal obligations are on State Government is not clear from judgement. 

Perhaps, there appears lack of proper legal concepts in such cases. Buildings could be illegal. But residents are not illegal. If they were legal, they must also have some kind of right to live and to be protected against pick and choose type arbitrary implementation of laws. 

Others do not seem to be clear on this. I am also having no clues about legal obligations of State in such exceptional cases. The obligations can be political as well as legal, but I am not clear enough to specify them.

Supreme Court has not totally closed doors. Even today if Maharashtra Government or Central Government will go to Supreme Court with some concrete proposal, Supreme Court may not refuse to listen to them.

Haresh Raichura
30/11/13







-(C) Copyright. All the articles written on this blog are with original thinking and copyright comes in as soon as they are written and published. I have acknowledged source wherever I remembered. It is permitted to share or retweet or like or to repost this blog material or to quote from them acknowledging name of author. But recently I have noticed a CEO of a Company on LinkedIn who copied from my blog and published it in his own name. I also noticed someone in Ahmedabad doing same thing and publishing material from my blog on Facebook under his name. This is one thing no author would like to approve. On internet everything these people do has digital footprints which cannot be erased. Plagmarism or credit pouching is not a good thing to do. Cyber laws are new but they are in force.

Do you know that from "Combination of words you use", someone can read your mind? #Psychoanalysis #Freud #SelfImprovement

I first read about this subject in a book of Dr. Sigmund Freud titled "Psychoanalysis for everyday life".

I found the subject in chapters on "Analysis of slips of tongue and slips of pen" and how to read hidden motives of a person from such slips.

Later, I extended this knowledge to interpret hidden motives of a person from "Combination of words he uses".

This method worked well over years for me and saved me from many decent looking personalities, who were hiding their secret motives behind their courteous and 'helpful looking' mannerism.

But by profession, I am a lawyer, not a psychologist. So I have nothing systematic to offer here. Those who feel interested, should refer to original work of Dr. Freud.


Haresh Raichura
30/11/2013






-(C) Copyright. All the articles written on this blog are original and copyright comes in as soon as they are written and published. It is permitted to share or retweet or like or to repost this blog material or to quote from them acknowledging name of author. But I noticed a CEO of a Company on LinkedIn who copied from my blog and published it in his own name. I also noticed someone in Ahmedabad doing same thing and publishing material from my blog on Facebook under his name. This is one thing no author would like to approve. On internet everything these people do has digital footprints which cannot be erased. Plagmarism or credit pouching is not a good thing to do. Cyber laws are new but they are in force.

Focusing on One PassWord daily - A method of conscious self improvement #Motivation #Inspiration

UI learned this method from leading newspaper Hindustan Times. At that time probably Vir Sanghvi was at helm of affairs of this very popular newspaper. He must have introduced this method to make his newspaper more popular.

The method was something like this. The newspaper would daily publish one PASSWORD. Reader has to memorise this.

Then some one will ask you password, when your car may be halted at traffic point or at petrol pump. If you give right answer, some reward was given.

Analysing This Method


Many of us fail to reach success because we daily start in too many directions.

This PASSWORD, method suggested that daily, you may choose only one word. Memorise it only for one day. The word will have automatic influence on your will power and your subconscious mind.

For example, for today, you may choose a PASSWORD called, "Courtesy". Decide to remember this word for whole day. By evening on reflections, you may find that today you were more courteous to others than usual.

Another example, choose one PASSWORD called, "Due Diligence" for today. Remember this phrase today whole day. On evening on reflection, you may find that you were more diligent in most of your actions.

Another example. Try password phrase "Happy and Harmonious". Remember this as your password of today. By evening you may feel more happy and more harmonious. 

Try this method, if it helps you, use it more.

My failed experiment



So far as I am concerned, I once tried to adopt this method. I used to daily change password to open my computer. If I fail to recall it, my computer would not open. This became daily headache. Daily I used to forgot my password. Daily I had to call a computer expert to reopen my computer. Then finally I gave up.

Haresh Raichura
30/11/2014

-(C) Copyright. All the articles written on this blog are original and copyright comes in as soon as they are written and published. It is permitted to share or retweet or like or to repost this blog material or to quote from them acknowledging name of author. But I noticed a CEO of a Company on LinkedIn who copied from my blog and published it in his own name. I also noticed someone in Ahmedabad doing same thing and publishing material from my blog on Facebook under his name. This is one thing no author would like to approve. On internet everything these people do has digital footprints which cannot be erased. Plagmarism or credit pouching is not a good thing to do. Cyber laws are new but they are in force.

Rape Cases: Courts should award compensation of 5 to 6 Lakh to victim #Law #India

Once rape is proved, the criminal courts have three powers:

1) To award Jail Sentence

2) To impose fine

3) To award compensation to be paid by convicted person to the victim of rape.

The compensation can be or should be about ₹5 Lakh to ₹6 Lakh depending on status of parties.

Same way, when it is found that complaint of rape is found false, the man should be compensated.

Haresh Raichura
29/11/13

SC: Do not mix up word "Informant" and word "Complainant". They mean different things

When a person gives a complaint to police under Sec 154, he is INFORMANT. Do not use word "complainant" to describe him.

When a person walks in a court of Magistrate and gives complaint under Sec. 200, he is COMPLAINANT. Do not use word "Informant" to describe him.

SC judgement dated 19/11/13 in Criminal Appeal No. 1948 of 2013

2013 (14) Scale 59 para 12

Haresh Raichura
29/13/2013

Supreme Court: A woman's body is not a man's plaything and he cannot take advantage of it.

This Supreme Court judgement is dated 19.11.2013 by Hon'ble Justice Sudhansu Jyoti Mukhopadhya and Hon'ble Justice V. Gopal Gowda JJ.

The Supreme Court judgement can be found on official website of Supreme Court of India, by searching in judgements by dates.
The observation is in para 13

Criminal Appeal No. 5390 of 2008 Judgement dated 19.11.13

supremecourtofindia.nic.in

Haresh Raicjura
29:11/13

Horse Blinds - Easiest tool for success in any field #Inspiration #Success #SelfImprovement

I had read this story many years ago.

A daughter of a famous Hollywood hero has entered in film industry.

She was new. She asked her father about what should she do to become a successful actress.

Father said to her, "Wear Horse Blinds".

In a horse cart, some flaps are fixed on sides of eyes of a horse. These are horse blinds.

Because of this, horse cannot see sideways. The horse can see only road on front in which it has to lead cart.

The advice given by actor to her door, virtually meant, do not be distracted by anything from work.

Do not see any one except those with whom you are working. Do not see anything except your road. Just wear "Horse Blinds".

Stop seeing anything except your goal and road to go on.

Haresh Raichura
29/11/13

Clients are not supposed to tell lawyers that they have indeed committed crime

The law says that if anyone tells a lawyer that he has committed crime, then lawyer's duty is to inform police. (At least as per law).

Therefore, client tells the lawyer that he is innocent and he is framed in false case.

The pleading of lawyer also states in the beginning that "My client is innocent, he is falsely implicated by police. He has been framed by his enemies."

Then Judge hears and decides.

This is how the system works.

Haresh Raichura
29/11/13

Main reasons why some people are very much afraid of being arrested #Law #India #Arrest

There are guidelines of Supreme Court to protect a person' life when he is in police custody.

There is no provision in law which authorises police to torture a person when he may be in police custody.

In 24 hours after arrest, the man has to be produced before Magistrate. A medical examination of a person can be ordered before he is arrested and when he is produced before Magistrate, so as to rule out possibilities of physical torture.

And yet some people have excessive fears of police custody. Particularly, when a person has lot of personal enmity with many big people.Or when he may be illiterate and poor.

Here, there are some serious dark areas. The law is lax. There are not enough safeguards.

The courts will be always willing to prevent physical torture or excesses on a man in police custody. But the judge should be first apprised of the genuine fears. If he is convinced, he can pass all necessary orders.

There have been some cases where Courts have directed that interrogation of accused in police custody must be made only in presence of his lawyer or that it must be video graphed.

But orders of judges depend on facts of each cases.

Haresh Raichura
29/11/13

Witness : Difference between his statement before a police and his statement before a Magistrate under 164 #Law #India

The statements are like to steps on a stair. One by one they build a chain.

When a witness gives statement to police, police records it. But police cannot ask witness to sign it. Later it is open to witness to say that he never said this to police. He can say that Police added something on his own.

But when a witness gives a Statement under 164 before a Magistrate, it is difficult for witness to change his statement before another judge when trial will begin.

The statement before Magistrate has more weight. It frees witness from fear of pressure for changing his statement at the time of trial.

Haresh Raichura
29/11/13


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Request to TV Debaters: Please do not comment on Live-Cases. You may be hurting case of some parties #India #Media #Law

It gives lot of publicity to speculate and comment on sensational Live-Cases.

But this always hurt one of such party to case. Sometimes, damage TV Debaters can inflict can go into millions of rupees.

One should be very cautious while debating on TV about Live Cases.

If debate is must and is in public interest, then debate should be on issues, not on persons.

Haresh Raichura
29/11/13

"In-camera proceedings in court" does not mean proceedings before camera #India #Law

"In-camera proceedings in court" is not a correct expression. It means public was not allowed to watch proceedings. Proceedings were held either in chamber or in a room where public was not allowed to be present and watch.

It does not necessarily mean that the proceeding were held before camera, like shooting in film.


Haresh Raichura
29/11/13

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3 Tips on how to write a good blog

1) Write what at least one person somewhere can use it or can be benefited
by knowing about it.

2) Be brief. No one has time to read more.

3) Always Review before you publish.


Haresh Raichura
29/11/13

What is Pre-Arrest Transit Bail? Understanding Law #India (10 Lines)

India is a big country. Suppose you are in Assam. A crime against you is registered in Chennai.

Since Crime is registered in Chennai, you may have to travel from Assam to Chennai. Because only Chennai court can grant bail you bail.

But suppose you apprehend that you may be arrested by police, even before you can reach in compound of Chennai Court.

Then what?

Then, you can move for Pre-Arrest- Transit bail to High Court in Aasam.

Then, if that High Court thinks it fit, it can order that till you reach from Assam to Chennai court, if police wants to arrest you, it will release you on bail. But in all such case, accused has to co-operate in investigation.

This is the concept of pre-arrest- anticipatory bail, in short.

Haresh Raichura
29/11/13

Can one apply for Patent for inventing new type of walking stick? Understanding Patent Law #India #Law

I do not have come across patent cases. But a twitter friend dealing in patent work, told me three requirements for registering a patent:-

1) Invention should be New, not something already in use. (If already in use, then you must prove that its was first discovered by you) 

2) It should not be obvious. (For example, you cannot invent a window which allows air to pass through. It is obvious. All windows are supposed to let pass the air)

3) Invention should have some industrial, commercial or market potential.

Now let us think about a Walking Stick.

If I invent a walking stick which can be folded in such a way that you can carry it like ball pen in pocket, then this is something new, it can be patented.

If the process of folding walking stick is complicated, first you have to fold left, then right, then press, then left, then right etc.. Then this is a complicated process. This is not obvious process, so patent can be applied.

Third, if a walking stick can be folded up like a ball pen and can be carried in pocket, then it has certainly marketability and commercial application. So third requirement is also fulfilled.

This is how I understand this law.

Haresh Raichura
29/11/13

+ 1 An open request to Hon'ble Judges of Supreme Court and High Courts.

I have some litigants/ Appellants who are willing to admit 2nd Degree Murder. They are willing to undergo 10 years jail.

According to them, courts below wrongly convicted them of 1st Degree Murder and wrongly sentenced them to jail for their whole life.

According to them, they were poor, within age group of 18 to 20. Whatever happened, had happened due to their sudden loss of temper, stupidity and anger.

Since they were poor, they could not hire expert lawyers. They could not argue their case properly in courts below. And hence they are languishing in jail due to poverty and lack of emotional education.

If Superior Courts, can extend principle of Plea Bargaining (After notice to complainant and State Governments), they are willing to undergo jail for 10 years. They are willing to pay more fine and compensation to victim. They want them to be permitted to plead guilty of 2nd degree murder under Sec. 304(2). 

This is only a humble request to consider the limitations of laws if possible. This is also a request to law makers if amendment in law if possible. This is also a request to elite class of society who can request law maker to consider the issue. I have no personal interest in this issue. I have not written this to seek undue publicity or to show disrespect to otherwise normal procedure of stating our arguments only in court.


Haresh Raichura
27/11/13

Mrig Trishna - A desire to keep searching for something which we already have nearby

This desire has been explained by many seers, saints, story tellers and philosophers.

Some of us keep searching for something which we already possess, or which talent or knowledge is already within us, or something which is already nearby within our reach.

Poets have explained this by constant search of aKasturi Mrig ( A kind of deer) for a sweet fragrance, which this Kasturi Mrig already is already possessing source of fragrance in its belly button !

In search of this fragrance, the deer keeps searching in jungle for its whole life, never knowing that fragrance was coming out only from its own belly button.

The poets say that many of us have this instinct, or habit or a fallacy built in within us.

When we gain this knowledge of this Kadturi Mrig Mistake, our pursuit of happiness or fragrance is over. We feel at peace and completeness within us. We feel as if we have arrived at our destination. We suddenly notice and find that talent, skill, or  means of becoming rich for which we were searching, are there, already nearby and within our reach !

A paradigm shift takes place the moment we can clearly see our Mrig Trishna !

See if you too are chasing any such Mrig-Trishna.

What you are searching all over world, may be already within you or may be just nearby within your reach !

Haresh Raichura
27/11/13



(C) Copyright

The Problem of Judges when murder has taken place inside a house - Understanding Law

It was a small village.

A woman was found burnt in kitchen.

There were seven family members inside house at that time. It included a very aged grand mother and sister in law who had come for vacation only one day earlier.

The police was told that it was suicide.

Upon investigation, police found that it was a murder.

Seven members in house were arrested and handed over to court for trial of
murder.

The trial court sent all 7 to life imprisonment jail for life. This included aged grand mother and also the sister in law who had came one day earlier.

High Court confirmed sentence. In Supreme Court, on behalf of convicted, we had engaged a top prominent senior advocate to argue case.

Supreme Court dismissed appeal. Review petition was also dismissed.
These people may be somewhere in jail at present.

I have forgotten all other aspects of the case.

The problem of Judges is like this :

How will you get independent eye witnesses when a murder has taken place inside a house?


The police will naturally rely on what other family members said to them. If they are found to be lying, it means they are involved.

And there is Sec.34 IPC about common intention. The Judge can send all the seven to jail. It is not necessary for him to say who did what.

The law here is truly troublesome.

Haresh Raichura
26/11/13

Do you know that police cannot arrest any person from compound of any court without permission of Judge of that Court?

Every Judge has complete control over his court. Every chief judge of every court has complete control over the court premises.

The police cannot arrest anyone from any court premises without permission of Judge of That court.

I do not remember the exact provisions in this regard. But such things have come to my notice many times.

Once a man enters in premises of any court, he is supposed to be free from fear of any undue police arrest.


Haresh Raichura
26/11/13

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Supreme Cour Practice And Procedure: When some party has died before judgement of High Court

Normal rule is : Parties in High Court and parties in Supreme Court should be same.

But sometimes it is noticed that some party has died even before the High Court judgement.

A question arises, where application of substitution of legal heirs should be filed. In High Court or in Supreme Court?

The law or practice is not very clear as per my view, as on today.

Once Supreme Court said that such application should be filed only in High Court.

Whereas it is practically very difficult to go back in High Court after judgement. Sometimes whole judgement of High Court becomes nullity if the death of sole respondent or sole appellant was before the date of High Court Judgement.

This is a vexatious situation.

Best course, I suggest is, as per my present view, to file such application in Supreme Court only. If other side does not take technical objection, the application can be allowed. If other side takes serious objection, then court can decide the issue. It has all the powers under Order 47 Rule 1 read with Art. 142 to pass necessary orders.

Haresh Raichura
26/11/13

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Supreme Cour Practice And Procedure: When one of parties has died after High Court Judgement

Normal Procedure is : The parties in High Court and parties in Supreme Court should be same.

But sometimes, some party has died after judgement of High Court. Then petition in Supreme Court should be filled along with application for Substitution of heir, Application for Condonation of delay in filing substitution application (When application is made after 90 days of death) and Application for amendment of cause title of petition.

Haresh Raichura
26/11/13

About One Man who used to daily take dead bodies from hospital for cremation- Unique Social Service #Inspiration #India

It was many years ago. I do not remember much.

He was a poor Rixawala in Junagadh in Gujarat. Daily he will park his rixa at government hospital to inquire about any unclaimed dead body.

There were always one or to unidentified dead bodies. Probably these were dead bodies of one or two beggars or poor footpath dwellers. No one may have come forward to claim these dead bodies.

This man will take this dead body to cremation ground. If dead man looked
liked a Hindu, he will do cremation as per Hindu custom. If dead body looked
like Muslim, he would do burial as per Muslim customs.

This was his free social service. After doing these work, he will start earning his daily bread by plying his rixa.

I do not remember much about this man. This was about 35 years ago.

Haresh Raichura
25/11/13

3 Things which most businessmen do not know about trademark, copyright #India #Law #Trademark #Copyright

1) It is not compulsory for a businessman to register his trade mark or copyright.

2) If someone copies his business trademark or copyright, he can always
bring legal action to stop him from doing such things.

These actions are known as
"Legal actions of Passing off".

This he can do even if he had not registered
his trademark or copyright.


3) It is always beneficial to register a trade mark or a copyright. By registering it, he gets several legal benefits which he may not get if does not register it.

The Point is: It is not compulsory to do so.

Haresh Raichura
25/11/2013

Supreme Court Practice And Procedure: for changing advocate on record in Supreme Court (Not advised)

Neither advocates in Supreme Court, nor judges in Supreme Court encourage
litigants to allow changing of advocates.

Sometimes, case may not be going on as per expectation of litigant. So litigant often may want to change his advocate on record. But neither other advocates like to accept such briefs, nor judges encourage such things.

The Supreme Court a Rules say that no advocate on record shall file a
Vakalatnama in Supreme Court without first obtaining a NO OBJECTION from
earlier advocate on record.

If he gives NO OBJECTION, than Court has no objection for allowing change of
advocates on record.

But if earlier advocate refuses to give NO OBJECTION because of some unpaid
fees or for other reasons, than litigant is required to file an Application before
Chamber Judge to exempt him from requirement of filing NO OBJECTION.

Normally, as per my experience, Chamber Judge also asks litigant to get NO OBJECTION and gives some date.

The Court does not encourage practice of changing advocates without
just cause.

Haresh Raichura
25/11/13

President or any minister cannot direct or influence registration of FIR #Law #India

I had read a reported case of Supreme Court.

A girl had sent a telegram to the then President of India, Dr. Kalam.

She complained that she has been raped by Mr. X and police
is not registering F I R.

The President's Office forwarded the telegram which reached to
police officer. police registered FIR.

Investigation made. Trial held. Man convicted by Trial Court.
Appeal dismissed by High Court.

Supreme Court found that conviction was not based on reliable
evidence. It noted that it was improper for President's office to influence
registration of FIR.

Supreme Court set aside conviction.

The point is :


President or any minister cannot direct or influence registration or
investigation of FIR as per Law in India

Haresh Raichura
24/11/13

5 Tips for Young Women who may be suffering from sexual harassment #Law #India

1) Always remember Abraham Lincoln's Statement : There is an equally strong good man for an every equally strong bad man.

However bad and strong anyone may be, there is always an equally a good and strong man who can help you out. Find them. Many such persons are listed in Who's Who in India book. Problem which may be a Mountain-Size problem for you, is only a paper weight size problem for them. Even a smallest judge in a nearest court or a good lawyer in your nearest court, is a strong person.


2) Such good men keep themselves aloof and away. They do not like to be involved with either bad men or their victims. They will help only if you seek their help in such a way that they do not have to get personally involved in your misfortune. They will not like to create their personal enmity with anyone because of your problem.


3) Laws have great powers. But Judges need unimpeachable evidence to clearly see what has happened immediately before the incident and what happened immediately after the incident.

The complainant as well as accused may be lying on actual event. But judges look for verification of truth from timeline and demographic area surrounding the incident. This knowledge gives them power.


4) SMS, mobile calls, email records, travel tickets, etc. are documentary and digital evidence, which cannot be easily created or tempered with - because they have time stamps on them.

These help the judges to see truth.


5) Do not much rely on oral and non documentary evidence. They have no time stamps on it. These are comparatively weak proofs.

They can change under pressure.


Haresh Raichura
24/11/13

Step by Step Procedure after a FIR is registered (explained in 29 lines)

Crimes are of two types. Those were police can arrest without
warrant, are Cognizable and serious crimes- Like murder, rape etc.

Crimes where police cannot arrest without warrant by court, are called
non-Cognizable.

When first information is given to police of crime, it is registered in a register
of FIR and serial number is given.

In 24 hours, a copy of FIR is sent to local court where also it is kept. (So that
main FIR in police station is not tempered with. This is a safeguard). Anyone
can get copy of FIR by applying to court or to police.

Then, statements of witnesses are recorded. Witnesses cannot be asked to
sign below statement recorded by police. (This is a safe guard to ensure
that police do not take statements by force).

After all evidence is gathered, in 90 days, police is supposed to report to
court in either of three format A) Crime is committed. Accused is handed
over to court for trial B) No crime appears to have been made. Let this FIR be
Closed. C) This is a False Complaint. Complainant should be prosecuted
For giving false complaint.

Then Court applies judicial mind and studies all papers produced by police.
If Judge thinks that police has not investigated some part, it can direct
Police to further investigate.

If Judge thinks that no crime is made out, he will close FIR.

If Judge finds that false complaint was made, it will start prosecution
against complainant for giving false information.

If crime appears to have been made out, court will proceed with trial accused.

If Judge finds that some one else is also involved in crime, the Judge will
also start case against him too.

If witness refuse to come to court to give evidence, court can issue warrant
against witness also. If judge finds that witness is lying, he can take
action against witness also.

Haresh Raichura
23/11/13

How and Why of the PEER PRESSURE system which is evolved to punish erring Supreme Court and High Court Judges #India #Judiciary

The Makers of Constitution wanted that High Court Judges and Supreme Court Judges 

should have the freedoms to decide cases fearlessly, without fears of any
Superior authority.

In fact they wanted to insulate each Judge in
such a way that even Chief Justice of India cannot ask any judge
of Supreme Court or High Court to give judgement in any particular
way.

So they said, only Parliament can remove a High Court or
Supreme Court Judge.

Judges then began to judge fearlessly.

Then it was noticed that some High Court Judges were found
to be giving undue favours for undue reasons. The question marks
came up against integrity of some judges.

Then concept of Transferring one
High Court Judge to other High Court came up. Some judges were

Transferred

It worked for some time.

Again after some time it was noticed that some erring
judges refuse to be corrected even after transfer.

They were adamant.

Then a concept came, where Chief Justice of High Court
will withdraw all cases from such judge.

He will be paid salary,
but will not be assigned any cases to decide.
This was public humiliation of that judge.

It worked for some time.

Then after some years, it was found that it was a must and necessary
to impeach and remove some judges.

Merely not giving cases to him was not enough. So concept
of Judge's Inquiry and reference to Parliament to impeach
etc came.

But then again, all remedies look inadequate.

Some remedies suggested were worse than the problem.


If you constitute a body of 10 people to inquire against any Judge
of SC or HC, then each of these 10 person will be in position
to dictate terms or influence judgements of
All Judges of High Court and Supreme Court.

Each of the 10 person will be in position to demand any favour
from any judges of any High Court or Supreme Court.
The remedy is worse than problem itself.


This does not look a good idea.

Then a concept of PEER PRESSURE came.

If a High Court Judge or Supreme Court Judge is found to
have committed some wrong, the Chief Justice will constitute
a Committee of Three Judges to hold some PEER PRESSURE
AND FACT ASCERTAINING COMMITTEE.

Then action against that Judge steps will be taken by Chief Justice
against that judge.

These steps may also directing CBI or other
authorities to initiate appropriate proceedings against the Judge.

There are many other steps which they can take against the
erring Judge.

But all need not be spelled out here.

This is how our system works at present.

Probably this is the best possible method in my view. If we want to have

Independant Judiciary, peer pressure is the best remedy.

Haresh Raichura
22/11/13

Two Lama on What is Meditation- an imaginary conversation

In the mountains of Tibet

Younger Lama asked Elder Lama,

"What is Meditation ?"

Elder Lama replied, "Meditation means to step back from the world."

"Why one would want to step back from the world? Do people want to escape from the realities of world ?" Asked Younger Lama.

"Our bodies are programmed to go on automation mode. We think automatically. We react automatically. We choose automatically. We do automatically. We live automatically. When people meditate, they temporarily escape from automation."

Younger Lama thought for about five minutes and than asked, "Hindu's speak about Mokhsh (Liberation) as ultimate goal of a being. Some philosophies talk about Self Actualisation. Do these philosophies have something to do with 'Freeing oneself from automation'? "

Elder Lama replied, "Yes. When you step back from the world, you temporarily become free from automation. And than you experience your spirit."

Haresh Raichura
22/11/13

6,00,000 Psychiatrists are needed in #Delhi against present strength of 300 - Can this be true?

I recently read a detailed article on internet. It said that lifestyle in Delhi is stressful so much that 6,00,000 psychiatrists are needed against present strength of about 300 psychiatrists in Delhi.

I find it hard to believe. But it is also obvious that in so many crimes, effect of mental illness and sudden eruption of madness is visible.

I hope some authentic medical person or journalist will throw light on this.

Haresh Raichura
22/11/13

Power of LinkedIn to connect people after 55 years -

55 Years ago, I was hardly about 4 years old. My grand father had a factory to manufacture soaps in Jamnagar of Gujarat.

Yesterday, I got connected on LinkedIn with a retired Sale Tax officer who had done Sales Tax Assessment of soap factory of my grand father.

Thanks to power of LinkedIn.

Haresh Raichura
21/11/13

Judges : Are they Law Interpreters or are they Law Enforcers, or are they something more?

If I am not mistaken, Judicial system started around 1600.AD.

The First Judges had no laws to guide them. They made laws and further enforced their orders.

Same thing is today. In areas, where there are no laws but something needs to be done, they make laws and also enforce them. They have the power to send to jail anyone who does not obey their orders.

For example, law regarding minimum service period of IAS officer should be about two years, before that they can be transferred.

At present there is no law.

So Supreme Court directed Law making body to pass such law in three months.

If no such law is passed, then Supreme Court will make a Law and will enforce it.


If the law is made, the judges will first see that the law is right or not. And then they will interpret as it should be and then they will enforce it, as per facts of each cases.

To say that judges are only interpreters of law or are only enforcers of law, is to restrict and to underestimate their powers.

The Job of Judges is to Judge and to send to jail anyone who does not obey order.

The laws are their guidelines. Some are mandatory as per their views,some are discretionary as per their views. They have the Final Say.

No law making body can tie their hands to chairs by passing laws.

They are Lords de facto. Appeals against their orders lies only to God.

Haresh Raichura
21/11/13

Contempt of Court Law - Explained in 8 lines #Law #India #Judiciary

If a person calls his mother as..... 'Hi, my Father's wife!', it is contempt.

Even if it is 100% truth! it is contempt.

Same is about Judges and Courts.

For Contempt Law, it is not important whether what is
said it Truth or not.

What is important is, how it is said... Is it said in such a way that it reduces
faith of people in Judiciary?.. If yes, then probably,
it will be held as Contempt of Court.

Haresh Raichura
20/11/13

66A Some lawyers are getting job of supervising digital footprints of clients

Internet viewing, blogging etc have started creating problems.

One person in high office is afraid to use email or to see internet or blogs.
The reason is many persons hold high offices in public view. Each visit to internet leaves digital and permanent footprints.
You never know how they can be used and by whom
and for what purpose.

Cyber laws are creating problems.

In meantime, in field of cyber law, new tasks have come.
Applications are developed by which lawyers can supervise
digital footprints of clients and can advise them whenever
it is necessary to remove such digital footprints.

The cyber laws are moving ahead.

Haresh Raichura
20/11/13

Every Judge is a Law Enforcer, but every Law Enforcer is not a Judge - Difference #Law #Judiciary #India

The difference is simple.

Everyone who enforces Law is a Law I enforcer.

In this way, a Judge, a Police, a Sales Tax officer etc are Law Enforcer.

But a Judge has to also think 1) Should this law be enforced in this case
at all in the light of fact scenario and 2) If Yes, then how much law should
be enforced.

These two questions makes him different than other Law Enforcers.

Haresh Raichura
20/11/13

All THIRD PARTY or Activists' FIRs and PILs in Intern's sexual harassment case are meaningless - A View

Criminal law is settled in this area as per my view.

It does not recognise Public Interest Litigation in criminal cases. All third party FIR, or FIR filed by activists cannot put criminal law into motion.

Only and only, it is the right of Intern to decide whether to put criminal law in to motion or not. No FIR can be registered at the instance of media, or activists or social organisations.

This is my view.

Others could have different views.


Haresh Raichura
19/11/13

Unusual diagnostic and treatment method of a doctor : Catch patient by collar and shake him up #Medical #Doctor #Science

I have seen a jolly doctor in my childhood.

He had unusual diagnostic and treatment method. His dispensary was always overcrowded.

He will catch the patient by collar and shake him and will ask him in a thunderous voice,"What have you done?"

Now in retrospect, I realise that he was in fact checking body resistance and mind alertness of patient before giving medicine.

Secondly, I had noticed an unusual method of treatment. He will write medicine in code words. The medicine was to be collected from compounder. The compounder was told to grind all tablets into a mixed powder and to prepare equal doses.

The patients were never told what was diagnose. They never knew which medicines were prescribed.

They felt recovered 25% the moment doctor caught them by caller and shook them up. In next 24 hours they used to feel completely or 90% recovered.

Haresh Raichura
19/11/13

Why don't they use Reports of Lie Detector Tests in Courts? Will this not help courts? #India #Law #Judiciary

The Constitution says that "An accused will not be forced to give evidence against himself in any court. He has right to remain silent."


And therefore, Courts do not allow Reports of Lie Detector Tests on Records of Case. Another reason often given is, that such reports are not very reliable.

In Narco Test, case, it has been held that a person cannot be forced to give narco test because it will force him to give evidence against himself and this will violate Constitutional Right.

About other medical reports of Blood Samples/ DNA tests /Finger prints/hair samples/ Handwriting Expert Report/ Bone Tests

All these reports can be produced in Courts. Blood report can be relied upon to convict a person for taking drug or wine. DNA reports can also be relied.

In all such cases, a Person is not forced to say anything against himself. It is the BODY of that PERSON which is giving evidence against that person.

In my view, Lie Detector Test Report may not be admissible for what a person said. But it can be admissible to prove that the BODY of Accused was lying during the test.


This is a fine point of law. It has to be first raised and argued in Trial Court. Then only higher courts can examine this question. This can certainly help courts.


Haresh Raichura
18/11/13

Story of a Monkey who slapped a Lion - Caution Tip for Young Lawyers

A monkey saw that a Lion was sleeping in a zone "Reserved Only for Monkeys". There was a clear govt notification and rule in this regard. The rule further provided that if any lion found sleeping in this zone, he will be sentenced to six months jail.

The Lion has clearly violated rule. He was a trespasser in Zone Reserved only for Monkeys.

"Something must be done for benefit for all monkeys", this monkey thought.

He went near the sleeping lion and slapped him on face.

The Lion jumped up with roar. The money ran. The lion ran after monkey to catch him.

When Monkey reached near a tree, he saw a copy of newspaper Times of India lying under tree. He immediately sat down under tree, folded newspaper in front of him and hid behind newspaper, pretending as if he was engrossed in reading newspaper.

The Lion came running there. He saw some monkey reading Times of India under a tree. He asked, "Excuse me, did you see a monkey running from here?"

Without looking up from newspaper, Monkey replied,"Which monkey? The Monkey who slapped Lion?"

The Lion broke down,"Has it been published in Times of India?"

Monkey said,"Yes. It is out in New York Times also."

The Lion slumped down on Earth. His all courage had gone. He was shamed all over world as 'Lion who was slapped by a small monkey'. He was overwhelmed with sadness and sat down there.

After one hour, the monkey removed the newspaper from his face to see if the Lion had gone away. The Lion was still there. He saw the monkey and instantly killed the monkey.

The Moral of Story for Young Lawyers:

As you enter Bar, you may see many illegal things going in the world.

But do not rush to file a Public Interest Case. If the court entertains petition, you may become famous. Your name may appear in Times of India and New Your Times. You may feel victorious and famous.

But after few months, everyone will forget the case. And there may be consequences.
Avoid such things.


Haresh Raichura
15/11/13

An unwritten medical Rule of Four (Told by a rural family doctor) #India #Medical

In last 30 years, medical service world has changed. The Family Doctors are vanishing. Only Specialists doctors are now considered Doctors. The place of MBBS doctors are being filled up with BAMS doctors.

Now even going to Govt hospitals have become costly. The poor are prescribed medicine which cost them salary of a month. There is no check on doctors prescribing too much costly brand medicines to poor. Many die without medicines. No data available.

The Rule of Four


Years ago a Family Doctor told me about an written Rule of Four.

He said, we check whether patient survives Four Minutes. If he does, then we see if he survives Four hours. If Four hours are cleared, then we wait and see if he survives Four months. If he remains well for Four Months, we check if he survives Four Years.
This is general thumb Rule of Four.

Haresh Raichura
15/11/13

Examples of Extra-ordinary Concentration on Work - The Concentration of Couple who founded Reader's Digest #Psychology #SelfImprovement

This story I remember to have read many years ago.

The couple who founded Reader's Digest had a unique method to work.

When on work, they will not speak with each other. If any of them had any query, they will 'Talk' with each other by writing and by exchanging chits.

Now pause here and try to understand effect of above method.

By keep talking trivia, we often lose lot of concentration.

A rule to not speak when on serious work, has enormous benefits.

Haresh Raichura
14/11/13

Once a Judge asked a lady Junior Advocate,"Please do not wear dress which show cleavage. It disturbs me."

This is from my memory.

Once a Judge asked a lady advocate, not to wear low cut dress which showed cleavage. He said it is disturbing his concentration on focusing on hearing of case.

The lady advocate did not like the stricture. In fact it stirred lady advocates of Bar. They protested against the undignified remark of the judge.

.....

Here, I am neither defending the judge nor defending the lady advocate.

All I say is this. Court room has its own dignity. Every lawyer and judge is expected to wear dignified dress so as it may enhance dignity of court.

Every judge is de facto King of his court. He has all the powers on how to conduct hearing before his court.

I remember a case.

An outside advocate, who had no cases, used to come daily in court and sit in second row. He will keep moving and tilting his head all the day, as if he is approving or disproving judge.

This disturbed judge. This advocate's entry in court got banned.

I remember another case when I was in High Court. A client was very unhappy that his case was not coming up for hearing. His lawyer advised him to go and sit in court daily from 10am to 4pm.

The client began to sit daily in court. After 10 days, the Judge got disturbed. He asked him what was his case. The judge listed his case next day and finished it.

The point is : Judges are also human beings. Things which can distract their attention from judicial hearing, may well be avoided.


Haresh Raichura
13/11/13

Do you know that every criminal court in India has powers to summons any document from anyone in India? #Law #India

This power is given to every criminal court in India under Sec.91 of Criminal Procedures Laws.

Advocate for defence or advocate for prosecution can apply or court on its own can use this power.

The application should state that certain documents are with certain person. These documents are necessary for defence or for prosecution.


If the court is satisfied, it will so order and will call for those documents.

Haresh Raichura
13/11/13

Liability of Builders who sell unauthorised construction and govt which allow it to come up #Law #India

There are laws for town planning and building regulations.

These laws normally provides that a "Clearance Certificate for permission to live" will not be given to builder, unless it is verified by a competent government servant that all regulations are followed.

But suppose a builder violates the rules.

He also does not go to Government officer for clearance certificate.

Then he sells such constructions to customer who buy it without insisting on clearance certificate.


Then what?


The laws are not clear here. The laws does not say what punishment will be given to those

1) Who construct illegally
2) Who sell without clearance certificate and
3) Who buy without such clearance
4) Who live in unauthorised construction
5) Area Inspector and Police Inspector who allowed unauthorised construction to come up in their area.

The Laws are also not clear on Who will be Area Inspector or police inspector who can be held responsible if such construction comes up in his area.

Law making is faulty in these areas.

There are Laws of Tort under which damages can be claimed. But these are time consuming and are hardly any relief to poor citizens who become roofless overnight.


Haresh Raichura
12/11/13

A teacher's son, who worked his way to top in Legal Circles of India #Law #India #Lawyer #Judiciary

In caption of this post, I have used word WORKED. This word has some meaning in this story.

His father was a teacher in a school in a district place. He studied there up to matriculation.

Thereafter, in between 1960 to 1970, he shifted to a metropolitan city where his brother was in some service. He stayed at his brother's home.

Worked part time. Paid his fees for admission in college.

He completed graduation there while working part time. He also completed law graduation. All the time he worked part time to meet his expanses and fees.

Then he moved to Supreme Court.

In Supreme Court, there are lots of people with talents and high qualifications.

But people who can also put in hard work are always in demand. In fact, there is shortage of people who can work hard for many hours.


He came and made his space immediately. He joined an office. He worked hard. His work was appreciated.

Then one day, his senior, became a Judge of Some High Court, leaving all his chamber and cases to care of this Junior advocate.

The chamber and all pending cases and chamber came to this hard working Junior advocate as if destiny had favoured him for his hard work.

Thereafter, he progressed non stop. He is now among the top richest and successful senior advocates of Supreme Court.

Whenever, wherever, I see him, he is always seen working on some matter.

But that does not mean he is an obsessive worker.

He also spends equal time in socialising with people.

He has achieved excellent work-and-life balance.

I never ever saw him wasting even a single minute.


I can describe him as TIME INVESTOR. He invested every minute of his time to some fruitful actions.

If he has time, and if someone sits down to pen down his biography, I am sure that his life will inspire many young talents of India.

I have not mentioned here his name. Because I have no permission to do so.

Haresh Raichura
11/11/13

An IAS friend who has married through civil marriage procedure. #Ethics #PublicLife #India #IAS

This was about 35 or so years ago. After passing IAS preliminary examination, I was taking training for main examination at Ahmedabad.

I lived in a hostel room along with two others.

One of the three of us cleared main examination and become IAS.

I didn't try second time and chose to join Law.

After one year, the IAS friend married.

To set an example, he married in Civil Marriage Registrar office. To set an example to people.... about not to spend too much money in marriages and dowry etc.

Today, he is at highest post in Government.

The point : Some IAS officers are the best among us. They work without seeking credits. It is hard times for them to maintain ethics in corrupt political environment.
Supreme Court should lay down some laws under Art.142 at earliest for such honest IAS officers.

Haresh Raichura
10/11/13

No. I cannot eat your free banana - said an old time High Court Judge #TrueStories #Law #Judiciary #India

Next generation will not believe that once High Court Judges in India sat very high standards of integrity.

My generation has only heard this story from our seniors.

A Gujarat High Court Judge was travelling in a train. The general talks were going on with fellow travellers.

Then one traveller took out bananas from his bag and distributed to fellow passengers.

The Judge refused to accept Banana and said,"No. I am a Judge. I cannot accept your free banana".

Here is another true story, when I shifted my law practice from Gujarat High Court to Supreme Court, I met President of High Court Bar Association, and said that as a parting gift, I wanted to offer ice cream to every member of Bar Association.

He agreed. The ice creams was called and served to all members of Bar. The President also sent ice cream to Judges in chambers.

One Judge objected. How can we accept free ice cream from a lawyer? The other Judges pacified him. 'There is no harm. He is leaving our High Court and shifting to Supreme Court. We are not going to give him any orders. So no harm in taking ice cream.'

The Judge who objected to free ice cream, later retired and came to Supreme Court to practice as Senior Advocate.

Then he told me about this story.


Haresh Raichura
10/11/13

Lawyer's life becomes more 'Structured' after he is elevated as Judge

I was hearing a conversation in court of then Supreme Court Judge Justice Rajendra Babu when he was presiding as Judge in Court 2 in Supreme Court. later, he retired as Chief Justice of India.

A Senior advocate mentioned about Judge's habit of reading a lot of books and wondered how it could have been affected after his elevation as Judge.

Judge said,"It does not affect much except that after you become a judge, life becomes more structured. The activities began to fall in pre-structured time slots."

......


I have heard about many lawyers and other persons who live in structured way of life. Every routine of their life is allocated a fixed time slots and schedules.

I have found that this requires a lot of discipline to live as per pre decided schedules.

A lawyer's life is full of uncertain events. It requires a great effort to fix time slots and to live as per time slots.

But before a person can start moulding himself into a structured life, he must have a burning desire to develop time management skills. He must be clear on why he wants this skill and what are the enormous benefits he is going to reap out of his time management skills.

In life of Supreme Court lawyers, Sundays are very hectic. Counsels are to be briefed for Monday admission matters. Most counsels keep Saturday off and give appointment on Sunday afternoon.

To live a well structured life is a challenge for lawyers.

Haresh Raichura
9/11/13

Art of Making a List of Dates, chronologically, to find out truth and to examine any matter critically

Supreme Court Justice R. M. Lodha once said, "List of dates does not lie".

It means if we want to discover truth behind any scene, case, reported news or any fact study, first put all facts chronologically and date wise.

While making, this list, do not insert in it your interpretations, inferences, impressions, or what client may have told you etc.

Just facts and nothing but facts.
Begin at the beginning.

None of the available and facts should be allowed to escape. The list should not be of selective dates.

Once and objective list is made Truth Speaks From It On Its Own.

This is how great Judges and Lawyers prepare their cases. The hard work here is to Get Your Facts Straight

My senior Vasant Desai used to say, " Try to build your case on solid facts. If you build your arguments on law, a Judge can take a different view and can go against you. But he cannot change or substitute facts to go against you."

A criminal lawyer is supposed to imagine and reconstruct a crime scene on minute to minute basis. Then if any exaggeration, false statement is made, it can be torn apart.

Tasks assigned to Juniors in big law offices:

In big law office, a fresh Junior advocate is
asked to :

A) First, arrange all papers in a file as per dates chronologically.

B) Then, prepare a computerised list of Documents, showing in columns, serial number of document, date of document, nature of document and remarks.

The Point: In every case Facts are in a Jumble.

It is really a hard work to put them as per dates and chronology. But this is a very great help to Senior Advocates and Judges.

If a Junior Advocate has made neat and tidy list of dates in about a hundred cases, he will have good chance of being engaged by Senior Advocates.

Haresh Raichura
8/11/13
-(C) Copyright

Life of thoughts : Life of butterflies :- How long do they live !

New thoughts are born every morning. New butterflies are born every morning.

In the morning they look so beautiful. The thoughts look so good. As if we have discovered new planets full off opportunities !!

Butterflies look so beautiful. Amazing colours !

But how long will they live?

Some thoughts live for an hour or two.
Some thoughts live for a day or two.
Some thoughts live for a week or month.

Then new thoughts replaces old thoughts. Old thoughts just die out.
New butterflies replace old butterflies.

I am looking for a lasting thought !
A thought which can look as refreshing as it is just now - for the whole life!

A thought with which I can live by.


Haresh Raichura
7/11/13

GITA: As I understand. Some random understandings.

GITA: These battles between Good and Bad are not one time shows. These battles were in past and will continue in future also

GITA: A warrior's duty is to fight. Not to think thoughts to avoid wars. These wars are predestined and are bound to happen.

GITA: You may have to fight with your own and with those whom you worship. Remove their attraction from your mind.

GITA: Those warriors are truly blessed who find themselves in battlefield. Their honour is in fighting.

GITA: Result of every action depends on many factors other than Doer. Even if you may be Doing a thing, you are not full owner of result.

GITA: A man is tied down to doing of bad things because of control of sensual desires over mind.

GITA: Whatever be the dilemma, ultimately it you and only you who have to take decision. Do what you think fit.

GITA: Mind is more powerful than a snake. Not easy to tame it. Practice being with Me. That is the way to tame your mind.

GITA Whenever sins of sinners exceed tolerance of Glorious and Strong persons, I re-appear in every century to destroy evil persons.

GITA: If you do not feel motivated to do self-interestless tasks, then start dedicating your each task to me.

GITA : Karma Yog essentially means ability to do good tasks without expectations.

GITA : All tasks done with some expectations binds your mind.

GITA : Path of Action is the best path for you.

Haresh Raichura
7/11/13

Drafting and Pleadings of unlimited length waste lot of Judicial Time in #India #Judiciary #Law

In law courses, there is a subject of Drafting and Pleadings. All papers to be filed in Courts must conform to certain rules.

Nothing but that which is relevant, necessary and brief.

But if we scan rules and laws, there are no prescriptions about maximum length of pleadings to be filed in courts.

Over years, many judges have tried to curtail size of pleadings. But without any success. The pleadings continue to be of unlimited length.

There is an unwritten law which is not taught in law colleges. The more lengthy and more pages of pleadings means more money for lawyers.

This unwritten law continues to stretch size of pleadings in courts.

In one judgement Supreme Court has criticised the casual way in which affidavits are drafted and filed. In recent judgement, Supreme Court criticised the way Delay Condonation applications are drafted, filed and the casual way in which they are dealt by judges.

At one point in past, Supreme Court set up a Committee to decide how Special Leave Petitions in Supreme Court should be drafted and filed. Rules were amended. Forms were prescribed.... And yet, it is same.

Every year Supreme Court takes examinations to select advocates who can draft well. But this has no meaning. Because even those who have not taken any such examinations are also allowed to draft petitions of Supreme Court.

People often complain that judge had not read what was written in case. This has more to with quality and quantity of pleadings, and less to do with efficiency of Judge.


Haresh Raichura
7/11/13

To focus more on what one should not do is truer Art of Life - #Krishna #GITA

As I understand from GITA:

1) To do something against law, against nature's Law, against conventions, against acceptable norms is Vikarma : Things one must not do.


2) To do what one should be doing, ought to be done routinely, almost automatically, without conscious thought.

3) This third is very important. There are things which one should not do even if one can do it, even if it is legal to do it, even if it is acceptable to do such things. This is the true Karma . Here, you have to use WILL POWER TO RESTRAIN FROM DOING THAT THING.

As per GITA, as I understand, a person should be very clear about all above three things in life.

The more focus and more energy should be devoted to (3).

That brings a disciplined, principled and overall balanced life.


Haresh Raichura
7/11/13

Thought Leaders in Supreme Court of #India - The Process

In fact, not only Supreme Court, but in every court, there are Thought-Leaders, they lay down new principles of law, they lead society in better directions.

Normally, these Lead Thoughts are found in judgements of court. But Judges are not the only Thought Leaders. There is team work involved.

The case presents a complex situation. Then suddenly a new thought strikes to a Junior advocate. He checks his new thoughts in existing law books and commentaries. He becomes clear. He discusses it with some senior advocates or with colleagues.

The lead thought is presented by him to Judge. The other side puts counter arguments. The Judge reflects and decides. He discusses with other judges. Contemplates.

And then he writes judgement. It becomes a lead Judgement.

This is a collective process. Inputs come from various thought leaders.


Haresh Raichura
7/11/13

From a page boy to Chief Justice of Supreme Court of India #Inspiration #India #Law #Judiciary

Yes. He was a page boy. His family had economic problem. Poverty. He had to start working as page boy even when his study was not complete. He started helping his family with his salary of a page boy and also borne his school fees.

Life was a struggle. He was working as a page boy in office of a lawyer's firm in Mumbai.

His job was to serve tea to lawyers and to move files from this table to that table.

Well, if you have dedication to work you do, if you have such loyalty that people can trust with their confidential files, if you have strong desire to learn, if you do not waste time in gossiping about world, if you are fair in your dealing with others, if you have no habit of back biting others in their absence.. the chances are high that you will rise and shine.

This page boy also moved ahead in life while serving in office of lawyer. He completed his study. He completed law graduation. Became a lawyer.

After becoming lawyer, daily morning, at 7:00 am he used to leave home with his son. He will drop his son in school at about 7:45 and then will reach to Mumbai High Court at about 9:00 am. Much earlier than all other advocates who start trickling about after10:00am.

In early hours in high court library, he used to read.

The Judges called him to Bench. He became a Judge of Mumbai High Court. Later he was elevated to Supreme Court of India. Eventually, he became Chief Justice of India.

I remember his few words: "Your first principles should be clear."

In any branch of knowledge, there are some first principles. You have to find out and master these First Principles. All laws will be thereafter easy to master.

Similarly, you may be in share trading, wholesale business, scinence, politics, film industry or anywhere. In each area, there are some First Principles. You must be first clear on these First Principles. Then only you can be master in your occupation.

Haresh Raichura
6/11/13

His name is Chief Justice S.H. Kapadia, former Chief Justice of India.

When one person becomes rich more than necessary, many other people become more poor than necessary #India #Economics

This fact need to be retold again and again by prominent economists. A person cannot become rich without making some more people poorer. Thus the rich can be few only. Poor becomes in millions.

Natural resources and growth contributes to wealth. But when one person corners it to the exclusion of others, he becomes rich and others become poor.

The mankind will become worse than a rat race if everyone has one simple goal to become richer than others.

Media is daily seducing us to buy more more and more. To possess more and more. This makes us all necessary to become rich to buy those things.

Therefore, the fundamental truth must be underlined. We all cannot become richer than others. It is logically impossible. And we cannot become rich and enjoy luxuries without making someone poorer.

These thoughts may not stop our striving to become richer than others.

But these knowledge will certainly make us pause and think if our compass is showing right direction

Haresh Raichura
6/11/13

Jats who refused to be divided into Hindu and Muslim in 1927 #India #Secular #Communal #Jats

A very aged Senior Advocate in Supreme Court, who himself is a Jat, told me this story.

He shared two memories.

First, when they used to go to school, they used to pass through a shelter home for disabled cows. They used to touch cows with affection while going to schools.

Secondly, he said, in 1927 or so, there were no Hindu Jat and Muslim Jat. They all were just Jats. Muslim Jats were called Chhotu Kha with affection.


A British Collector asked them to fill up forms and specify whether they were Hindu or Muslim.

The Jat refused to do so. Them simply filled up forms describing them as Jats only.

Haresh Raichura
5/11/13

Self Conscious - Self Doubting personalities and Kaizen principle #Psychology #SelfImprovement

Some personalities are labelled as introvert, self conscious, self doubting, low self esteem or having "inferiority complexes".

I have never been able to fully understand all these terms.

But as I understand, there is a personality which tries constantly for self improvement. Every second, they are conscious.

After every social interaction they think whether they have said anything wrong, could they have said some thing better ?

They are often down with their own feelings of inadequacy.

This is called a negative quality.

But looking it at differently, it is a positive quality of Kaizen. A person is trying to become better and better every second.

In my view this is a positive quality. This is one of the reasons of progress of many great personalities.

Haresh Raichura
5-11-13

Truth, Sex and dark areas of human mind or human behaviors - My view #Psychology #Law #Rapes

About 40 year ago, I read a book on morals, written by a Christian author, addressed to young age people.

It said, Sex is like a wolf. The more you feed, stronger it becomes, and demands more.

At that time, I had also read ancient scriptures which said, Sex is like a fire. To satisfy it is like pouring oil on fire. Fire grows more.

Then, I read work of Dr. Sigmund Freud. He first time did scientific investigation in dark areas of mind from where sensual thoughts arise.

At the same time, I had also read a book titled "In defence of Sensuality".

Then I read about Mahatma Gandhi, who had shown courage to put his own sensual thoughts, as objectively as possible.

Then I read books of psychologies where psychologists had put blunt and explicit questions to college students to survey truth around sex beliefs and drives.

As I look back over the issue, I think more investigation is still needed.

Sex drives are pre-programmed in all animals. They are driven to procreate and multiply. This is how the world continues to live on. This is how we are created.

But at which point, these drives over possess an animal, controls it and forces it to break social boundaries and violence? And to commit rapes?

Rapes are instances were sex drives have possessed its victims and they are driven to self destructive paths.

Psychiatrists speak about biochemicals. Sociologists speak about social circumstances. Some blame parents. Laws speak about crime and punishments.

In my view : An issue is not properly understood until it can be controlled.


In my view, all the sciences put together, have not still understood these sensual drives and their Tipping Off points.


Haresh Raichura
5/11/13

An example: Knowledge not applied is useless trivia in mind

About 40 years ago, I learned a tip from a book.

"Before doing anything, ask yourself two questions: 1) Is it necessary to do it? Is it right to do it?"


I still remember myself standing near a bookshelf in Junagadh District Public Library. I still remember opening of pages of book at random, reading this and digesting this. It appealed strongly in my mind. It became memorised for life there and then.

Over the years, I remember to have used this tip while resolving some very crucial "Do or not to Do" dilemmas. This tip helped.

But barring these few isolated situation, I do not apply this tip in real life. This tip is just like a show case piece in my knowledge.

This is an example to show that knowledge gathered but not put in practice has little value.

Haresh Raichura
5/11/13



-(C) Copyright

Legally seems impracticable and impossible for EC to Ban opinion polls- An opinion #India

I do not think it is practicable or legally possible for EC to Ban opinion polls.

Because Election Commission gets it powers under notification. The Election is declared only in FIVE States.

It means it has no jurisdiction for opinion polls on REST OF INDIA.


Secondly, if I am not mistaken, this whole issue has been in past debated in Supreme Court and it is held that EC can ban only Exit Polls and such polls prior to two days of Election.

I am not sure about details of this case. But I have vague impression that debate was there on this issue in Supreme Court earlier.


Haresh Raichura
4/11/13

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Home made lunch in Gujarat High Court - preference of Gujarati for home made lunch

In Delhi, I am since about 23 years. But I have not been able to get home made lunch served in Supreme Court. We have to take lunch in court canteens.

These foods are laced with high spices and one cannot take it everyday.

Gujarati people have preference to eat home made lunch wherever they may work.

In Mumbai, there is unique tiffin dabbawala service.

In Gujarat High Court, some people regularly serve "Actually home made Lunch tiffins". The quality of this lunch service is very good.


In Court life of lawyers, they have to take food at noon which they normally take in court canteens.

Court Canteens sell fast food and fried spiced food. In long run it affects health of lawyers.


Haresh Raichura
4/11/13




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Tip for young lawyers/Students - Collect good character certificates as much as you can

In 1982, when I had just joined advocacy, a young lawyer friend gave me this suggestion.

He said, all such good character certificates help when we want government job.

I listened. But did not feel motivated to do so. I have always some problem when I have to ask some favour from some one. One has to go to some one and request for a good character certificate. This was a problem for me.

One of my senior lawyer had put it in my mind, "If you have to say Please, then say it to Almighty God. Why say please to people of this world? "

Well, so he kept collecting good character certificates and I kept watching.

He got immediately appointment as Labour Court Judge in about six months. His life got set and stable with fix salary and status. Later he retired as a Industrial Court Tribunal Judge with good salary and pension. It helped him to collect good character certificates.

This tip is for those who believe in living a secure life.

There are many who believe in living an insecure life of a fisherman.

He never knows what will he get next day. They enjoy insecurity and they cannot do job under any master. They enjoy insecure life.

Point: It does help to collect good character certificates from whomever we can get, if one is inclined to seek a job.

Haresh Raichura
4/11/13



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Serious Implication: Marriage with Girl above 15 age not void : Trial Court #Delhi #India

As reported in today's Times of India, a Delhi Court has held that a marriage with girl below age 18 and above age 15 are not null, but are voidable only.

It means, unless girl or boy want to cancel such marriage in court, such marriage will remain valid.

The implication of this judgement are wide and serious.

When a boy seduced and eloped and married with a girl below 18, parents used to lodge FIR of rape and such marriage were not recognised.

Now scene has changed. A girl above 15, even if she may not have attained maturity, will be liable to be seduced into marriage .

This is only trial court judgement.

It is desired that it be examined by High Court and Supreme Court to examine wide implication of this judgement.

Haresh Raichura
3/11/13

Revolutionary Thougt: Crime Investigation: Application to Magistrate for video recording of postmortem

Science and technology are moving fast. But law has not catch up fast.

At present, there are no rules that each postmortem has to be video recorded.

But Magistrates do have powers to so order in the interest of Justice.

If death has taken place in suspicious circumstances, if it is desired that postmortem be Video recorded, than affected or interested person can apply to Magistrate to direct police to video record entire postmortem.

The question of cost may arise. Applicant may have to deposit such costs if court so directs. It may be discretionary though.

As soon as FIR is registered, court has power to direct that any part of investigation be video recorded, be it statement of witnesses, place of incident, recovery of weapon etc.

These are new areas of criminal law which needs to be explored, debated to reduce corruption and secure fair investigation of crime.

Haresh Raichura
3/11/13



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Can husband be convicted under 306 if wife commits suicide because divorce is given by husband?

The above point is involved in an upcoming appeal in Supreme Court. Husband had extra marital affair. He gave divorce to wife. Next day wife committed suicide. The question is whether conviction of husband under Sec.306 for abetment of suicide is justified?

Haresh Raichura
1/11/13

Case of eight labourers who travelled on a truck from Madhya Pradesh to Gujarat

The truck was fully loaded with small metal stones (Kapchi) used in road making.
One masonry worker and seven labourers were sitting on overloaded truck and were on their way from Madhya Pradesh to Gujarat.

Truck met with an accident and turned turtle.

One masoner died.
Seven labourers were injured.

A lawyer filed claim cases for the legal heirs of deceased masonor and other labourers who were travelling on truck.

The Insurance Company denied liability on ground that it was a goods vehicle, there was no permission to carry travellers.

The lawyer arged that all these person were travelling with their goods and belonging and therefore, insurance company was liable.

First court rejected this argument. It awarded compensation but said it can be recovered only from Driver and Owner of the truck.

The claimants and his lawyer were disappointed. There was no possibility of recovering compensation award from driver or from owner of truck.

They went to High Court. High Court denied relief.

The matter came to Supreme Court.
The Supreme Court noticed plight of poor man who had died. It increased amount and directed insurance company to pay.

Law point Yet to be Argued and Settled

Even if Owner and Driver breach terms of policy, such breach cannot dissolve statutory liability of Insurer to third parties in the event of accident. If there is breach of condition of policy, insurance company has to pay to claimant and then recover it from owner and driver.


Haresh Raichura
1/11/13
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