January 31, 2014

Machinery inside our mind

Does a Mantra lose its power if we know its meaning or if we disclose our Mantra to others?

I do not know much about Mantra.

Mantra basically means a Mind Machine.

A machine produces same result for whoever may be operating the machine.

Therefore, Mantra is a machine comprised of some words. It produces same result for whoever may be chanting the Mantra.

Some Yogi, put a caveat. He said if you disclose your Mantra to someone, it may lose its effacacy.

In ancient times, these Mantra were in Sanskrit language.

The person who chant these mantra need not necessarily know meaning of Mantra.

These Mantra were supposed to work better if we have blind faith in them even without knowing their meaning.

Now we are new times.

Science of Mantra is ignored. It is being forgotten.

I read somewhere - "If we chant Mantra 'Om Adityay Nama:' our enemies starts being destroyed on their own. I tried this Mantra. It looked working many a times.

I tried Gayatri Mantra. I felt it also working hundreds of times.

But the scientists will not believe us. They need empirical evidence.

To document Mantra and its result, is difficult job.

Rich do need to sponsor research in this area.

Haresh Raichura
1152




Advice of Judge: In case of personal injustice, do not go to social forums - Just take legal action

A Supreme Court judge was recalling his days as a senior advocate in a High Court.

One of his junior had parked his car on a sideline outside High Court.

A policeman saw the parked car. This was no place for lawyers to park their cars. He just went near the car and deflated air from all its tyres.

When the junior lawyer came out after court work, he saw that policeman had deflated air from tyres of his car.

He was enraged. His work in other courts suffered. His day and his mood was spoiled.

Next day, he told this story to his senior advocate. He had prepared a representation to President of High Court Bar Association. He wanted President to take up the issue with highest police officers to ensure that police do not misbehave with cars of lawyers.

Here, the senior advocate cautioned him and pointed out to him consequences of his action.

If he will gather lawyer community around his problem, then the police man will also gather members of police community against lawyers.

It will become a fight of Lawyers v. Police.

This will not solve problem. This will only aggravate ego issues on both sides.

He suggested his junior advocate to take legal action instead of taking up issue on social and community forums.

The Junior advocate dropped idea of reaching President of Bar and went to a Magistrate and filed a complaint that some unknown police man had deflated tyres of his car ... even if there is no provision in any police laws to permit police to take out air from car tyres. He pleaded that this was a mischief punishable at law.

The Magistrate accepted his complaint and ordered higher police officer to investigate and to file report about the incident.

Then the months passed by. Because the law takes its own time.

After six months, one day, the junior advocate was with his family.

He parked his car outside High Court. It was the same place where his car tyres were deflated by a police six month ago.

He went inside court to take some files.

When he returned, he saw that someone had come and had given lots of flowers and toys to his children and family. On inquiry, his family told him that some police uncle had come to give gifts of these flowers and toys.

Next day, the junior advocate went to the Magistrate and withdrew his complaint against police.

Moral of the story

If you have a problem, take such actions as may be permissible in law. It does not help to complain to social forums and associations. Do not try to convert your own problem into problem of a community. This may left you clueless and you may see no relief. Best thing to do is to take such legal action as may be provided in law.

The senior advocate who gave this advice to his junior advocate, is now a judge of Supreme Court of India.

Haresh Raichura
1151

Do not take admission in law college with false mark sheet- Bar Council can refuse permission

To become a Lawyer, one has to join a law college.


To join a law college, certain minimum percentage of marks are necessary.

If admission is taken in Law College with fake mark sheet, a problem may arise letter.

Because when a Law Graduate applies for permission to practice as Lawyer, the Bar Council checks everything.

It can decline permission to practice as lawyer if at entry level or at any level, mark-sheet is found to be false.

Haresh Raichura
1150


Ask people "How Do You Know?"- If they hesitate before answering, know that their...

Ask people "How Do You Know?"- If they hesitate before answering, know that their knowledge may not be correct.

They may be saying what they are saying on basis of impressions in their mind.

Their impressions could be based on what "They liked or wanted to believe".

Such knowledge does not stand scrutiny of law.

A SIMPLE ILLUSTRATION
-----------------------------

It is fact that you are reading this blog.

Now suppose you are required to prove in Court of Law that you have read this blog.

How will you prove this?

You will take oath in Court and you will state on Oath that you have read this blog.

But this will not satisfy the Court.

The Judge will ask you "How do you know that you have read this blog? On what basis you say that you have read this blog? Do you have any evidence or eye witness to support that you have read this blog?" The judge will like to know something more about How do you know what you are saying on oath.

You can answer these questions of Judges in following.

1) I keep a diary in which I regularly write what I have learned today from blogs, twitter, Facebook etc. I produce this diary. The page 135 of this diary entry is about this blog which I read on that day.

OR

2) Or you can produce some eyewitnesses who show you reading this blog,

OR

3) You should produce digital evidence.

Whatever you do, basically, you have to satisfy a Judge about How do you know what you are saying on oath.

Haresh Raichura
1149


January 30, 2014

On chess board of Days and Night, destiny with men for pieces plays...

Imagine that there is a big chess board.

The Days are printed as white boxes.

The Nights are printed as black boxes.

Now assume that all of us are pawns standing and moving on this chess board of days and night.

Destiny moves us. We go from one box to another box.

During day time we are standing on a white box.

At night we are standing on a black box.

Then one by one, we, these pawns are slain and put back in pawn-box.

This is the meaning of life and Destiny for all of us.

Probably, Khalil Gibran said this story in a poem.

I read this in a book titled Chequered Board by Nevil Shute.

Haresh Raichura
1148




Too many directions equals to going in no direction. To find one's direction is a bliss

There is a bliss when we find one direction one calling of our life.

We are born to different parents, at different places, with different skills.

Our calling or directions can be different. There are billions of stars in sky. Their paths are different. So different are our paths.

So our calling can also be different. I have tried to follow role models of many persons. I have failed. I ended up with feeling that I am no good.

Then recently, I heard voice of God. It came through voice of a human being.

The voice simply told me, I was great in what I was doing. He said every work which I did on my own was a master piece. He asked me why I was trying to be like others? Why I was trying to do like others? Why I was performing so poorly by trying to do what others do?


I was always trying to go in different directions at same time. I was like a man who was trying to open a locked door with different keys and no key was working.

Perhaps I may have read or heard such words many times in past. Many time I had read that we should do what what we love to do. So far these type of words did not change me.

But this time these words rang differently. The words were loud and clear.

A new born comes in the world, and sees a brand new world! He sees parents who care for him. He sees thousands of things around him. He is no more caged in womb. A bright new world opens before him.

I experienced similar type of sensation. I felt as if I have found calling of my life. I felt as if I have found my path.

And yet here, at this very moment, I feel fear. The clear path which I now see could be an illusion.

I fear that the new light which I am now seeing, may fade away in a couple of days. I may find myself once again in the old rut of thinking.

I may find myself once again boggled down by "Shoulds" of this world. My wife, my son, my staff, my clients, my superiors, my circumstances - all say what I should do and what I should not do.

And at Top of all these, I keep telling myself "What I should do, what I must do". And if I fail to obey these commands, I feel unhappy and deficient.

How far the "Shoulds" of this world continue to keep me down is yet to be seen.

But presently, I do feel that I have found one direction to move forward. One path to walk on it.

The path is, "Do sincerely the tasks which are assigned to you."

All I need to ask myself is "What task is assigned to me today?"

And then to do that task sincerely.

Haresh Raichura
1149



Truth is like a Sword. It cuts. It bleeds. It cures.

Some interviews are painful to see. They use undisputed but uncomfortable truths in form of questions.


Here, interviewer does not want to know anything. He just wants to use sword of selective truth to slain the person who may have come to bare his soul.

Truth is cruel.

Gandhiji says, when we face the truth, it increases our endurance. We become more sober. We learn to live with truth.

And yet, we are afraid to face many truths about us.

We think that know one knows. We think that no one will ever know about it.

But we know this truth. It remains permanently hidden in some part of us. We ignore it. But it never goes.

I have seen that Truth has killed many people. It have seen that it has liberated many people. I have seen that deliberate lies have saved many lives.

I can conclude only this much. Truth has an edge. It cuts like a sword or a knife.

This is a weapon. How and when we use Truth and for what purpose we use it, it all makes us or breaks us.

Some day, I will begin by admitting negative truths about me.

To admit to ourselves, our sins, seems the way forward.

Haresh Raichura
1048

January 29, 2014

Neti Neti - The Great Hindu Mantra to liberate us from all that worries us

"That is not it.. That is not it"

Perhaps, this is the meaning of Mantra Neti Neti.

I am not expert. I do not know exact meaning of the Manta.

I look at star in sky and then I say Neti, Neti.. It means that, that is not star.. It is something else.

I see a corrupt man, and I say, Neti Neti. It means that man is not corrupt. He is something else.

Whatever I see, whatever I think, whatever I hear.. Is not it, it is not finally that.

Neti Neti.

That is not it. I can cancel almost everything I think by challenging it that it is not that.

Neti Neti


Haresh Raichura
1147


Critical Appreciation is better that criticism

Criticism is a negative word. When we criticise someone, we are putting someone down.

Critical Appreciation is positive phrase. It is helpful to those who listen to it. It is also good for those who do critical appreciation of others.

Critical Appreciation, perhaps means, to look for positive aspects of others. We discern what is good in others. We overlook what is deficient in others.

Look at the children. If we underline their positive qualities, they feel happy. Their positive qualities grow faster.

If we keep nagging them, if we keep pointing out what is deficient in them, they feel unhappy. They reject us.

Such is the difference between critical appreciation and criticism.

Haresh Raichura
1146



Limitation on Powers of Supreme Court to REVIEW its own judgements

Under Art. 136, Supreme Court has power to set aside any judgement or order of any court or authority of India.

Under Art.142, Supreme Court has power to pass any order under in the interest of Justice, notwithstanding legal problems in a case.

Under Art. 137, it has power to review its own orders or judgement. But it can do so only if there is apparent error on face of judgement.

Review does not mean "Give us a chance to re-argue a case"

Haresh Raichura
1145


Never mind happiness. Never mind unhappiness.

This is in poem of Narsinh Mehta.

Never mind happiness.

Never mind unhappiness.

These both are stitched in your body with iron string

In your body by Keeper of This World.

No one can avoid happiness.

No one can avoid unhappiness.


Haresh Raichura
1144



January 28, 2014

We all need some Guru or some Life Coach to advance in life.

Structure of our mind is something like this:-

1) We decide to do something.

2) Some expectation of reward, motivates us to do it

3) We do it.,

Here someone else is needed to tell us how we performed our task.

What were our errors. How could we have done better. He should show which part of our action was not correct.

He should give a demo and encourage us to repeat the BETTER method.

Then from that method onward, we stand corrected. We stand improved.

But suppose if we do not find any Guru or Life Coach. Then what.

There is an Eklavya method. He was a tribal boy. No Guru, no life coach were available to him.

He created a clay statue of a leading Guru called Dronachary.

Before this clay statue, he daily practiced Archery.

He would ask clay statue if his practice methods were right or did they need improvement.

Every time he asked a question to statue, an answer flashed in his mind. He improved accordingly.

There is some deep message in this Mahabharata story for all those who complain about not getting a Guru or a Life Coach.

The message is : You need to make a clay statue, or a photo of any leading Guru or any Life Coach to oversee your work.

Haresh Raichura
1143



January 27, 2014

Dhruv Tapasya

This is about ancient Hindu Mythology.

Once I saw in a movie, anout how steadfastly Dhruv did Tapasya to win heart of God.

He stood for one month with his hands joined at chest.

Then for another one month he stood only on one leg.

All the time he kept chanting name of God.


The point is, Tapasya is needed to invoke powers of the Divine. You have to be steady and still for months on one issue. 

It does not involve only mind work. It also involves a task for your body. When your mind is concentrating on something, the body should not be lax. It shopd also be in A DISCIPLINED POSTURE.

Ability to keep one's body in a disciplined posture, is a great exercise in self disciple. 

Haresh Raichura
1142


One legacy of Mahatma Gandhi

It is : An experiment to remove violent words even from our mind, when we may be thinking about our enemy.

Haresh Raichura
1141



"Do not go to Supreme Court - you will be jailed" - Someone had wrongly frightened a lady

I cannot disclose the actual case details. But some one had frightened a lady to death about approaching Supreme Court.

She was told that she will be sent to jail the moment she will approach Supreme Court.

I assured her that there is no harm if you bare your whole truth to Supreme Court. Whatever may be your sins.

Well, she trusted my advice.

And she broke down started weeping on phone when I telephoned her that Supreme Court has granted relief to her.

Such is the power of truth ! 

Whatever may be your sins. Tell the whole truth and then leave things to God.

It was my personal trial also. 

Senior advocate whom I had engaged, had scolded me for writing the whole truth! 

According to him, it was not wise to write whole truth. 

So I was also tense. I also felt relieved when I saw that Truth worked on hearts of judges.

Haresh Raichura
1041

P.s. Supreme Court is last court. To appear before Judges here is like appearing before Gods. Sometime we plead for Justice. Sometimes we plead for forgiveness. Sometimes we plead for compassion. And sometimes we plead for mercy. And sometimes we plead for their help in sorting out legal problems which we have created for us....This court is different than all other courts of country. 


500 Years Ago - A Judge made TWO promises to all the Criminals - Story

500 years ago, law, Justice, Judges etc were at primary stage.

The criminals had no faith in Judiciary.

If a crime was happened, the criminal used to leave society permanently.

He would become an OUTLAW. He would devote rest of his life for committing more and more crimes.

If police caught him, he was either encountered and killed or he was brought in the village and was brutally hanged publicly.

The King was unjust. The police was extortionist. The crime increased. More and more people were becoming outlaws.

Then one day, a Judge made TWO promises to all outlaws.

He said to criminals:

Surrender to law.
Face trials.

I assure you that I will be impartial. I assure you that :

1) No one will be convicted unless there is sufficient evidence,

2) No one will be allowed to collect evidence against you by twisting your hand. No one will torture you to disclose evidence against you.

The message reached in Jungles to the OUTLAWS.

Some of them wanted to repent for their sins.

Some of them wanted to return in society where they can meet their children and parents.

They accepted assurance of the Judge.

They returned and surrendered to police. They were tried by the Judge as per his promise.

Judge acquitted those against whom evidence was not sufficient. He convicted some against whom there was sufficient evidence.

This is how the Judicial System works since 500 or more years.

If judges become biased against criminals, if judges begin to convict them even if evidence is not sufficient, if judges do not protect criminals against police tortures, they will become absconding. They will become OUTLAWS. They will spend rest of their lives in committing more and more crimes.

It makes sense to acquit those criminals against whom evidence is not sufficient. Such acquittals restore faith of Criminal World in Judicial System.

They prefer to surrender to Law than to become an OUTLAW.

Haresh Raichura
1140


Until I joined law, I never thought it could touch every aspect of our life

There are laws to control nursery admission in schools. There are laws to record our birth in the birth register.

The law start affecting us from our birth.

No. Perhaps it start affecting even before we are born in this world. A conceived child has rights in ancestral properties.

The laws continues to touch us even after our death.

For years, our Will can be contested in courts.

If we had made trust of our properties, the court continues to oversee that trust works as per our wishes.

Haresh Raichura
1139



Main Rule of Evolution : All of us can continue to improve, with each new generation.

Life must have begin as a cell in water. But then, one quality of this cell was, it can continuously improve.

From one cell it become two. It divided itself in two parts. One part was concerned with reproduction of new cells and with protection of young cells. It was called the Female. Another part of this cell become Male. It's primary function was to fight with adverse circumstances of nature and to develop survival skills for its family.

Then the story went further. Each cell has capacity to reproduce it's better version.

If this theory is correct, then the new generation is always a better version of the old generation.

But the difference is in experience. The old generation is always better experienced than new generation.

Somewhere, the two generations collaborate. And then the mankind goes forward. This is the story of evolution.

Haresh Raichura
1038



A time comes when a river becomes a sea

Youth is like a river, flowing down from a mountain and rushing towards a sea. There is force. There is youth. There is forceful desire to reach somewhere.

And no one can stop a river. If you build dams in it's path, it will overflow these dams.

It becomes more powerful when there is rain. But even when there is no rain it continuously moves forward.

A time comes when it reaches the sea.

Then it becomes sea. It's existence as river transforms in to existence as sea.

It no more keeps flowing forward.

It adopts cycles of tide and turns. It roars in a rhythm. At full Moon nights, it's tides are highest. It can absorb almost everything.

It's nature changes.

Now the question comes:

How would you classify yourself.

Are you a river or are you a sea?

Haresh Raichura
1137



Bliss lies in not knowing about future

I remember some words of Mahatma Gandhiji:

"I do not want to see in future. God has given me no control over the moment following. I am concerned with taking care of the present moment."

I think that bliss lies in not knowing about future.

To decide that "I do not want to see in future" - is a great thing.

Haresh Raichura
1136


January 26, 2014

Unconditional Acceptance of The World as it is

Imagine you are sitting on a Top of a mountain.

From there you see a small town at the footsteps of mountain.

The houses and the people look very very small.

But from this height you cannot see if the people living in those houses are good people or bad people.

You cannot see whether these small looking people are selfish or not selfish.

This is called unconditional acceptance of the world.

You see no defect in this world. You see no imperfection in this world.

You feel inner peace when you accept the world as it is.

Haresh Raichura
1135



Three Faces of Worry

I worry a lot. There may be many persons who worry like me.

I mainly worry in three areas:

A) To do this or not to do this.

B) Have I done right thing, or have I done wrong thing,

C) Will this happen to me or will this not happen to me.

To deal with A) and B) types of worry, a friend called M. N. Tandon, gave me following advice:-

"Know that you are not the DOER. If He wants to get something done through you, then you will be forced to do it, even if you may not want to do it. And if He, does not want you to do something, then you will not be able to do it, however hard you may try."

As per above his advice, A) and B) type of worries are meaningless.

Regarding C) Type of worry, there is message of Lord Krishna in GITA:-

"That which is going to happen to you is bound to happen and that which is not going to happen to you is never going to happen to you. Therefore, you should neither worry about what has happened to you, nor you should worry about what has yet not happened to you."

The question that troubles me is :-
If I know that worrying in above above A,B, C area is meaningless, then why do I worry?

Haresh Raichura
1134


Feedback by Mr. M.N.Tandon:- 
"You are worrying because you still think that you are the Doer."

It means, the fact that I am worrying proves that I think that I am doer. Until I can change my thinking, I cannot stop worrying. 

Look for Two candles:- One burns itself. One lights up other candles.

There is one candle. It burns itself and gives light to the world till it's death.

Most of are like us. We do some work through out our life. And we give light to the world.

There is another candle. It lights up hundred of candles with its fire. It's contribution to world is better.

Few people are like this second candle. They inspire hundreds of people. Sometimes they keep inspiring people even after their deaths.

Gandhiji, Martin Luthor King,Jr, Nelson Mandela and so many are there.

The reading about their lives, reading their words, inspires people even today.

These are second type of candles.

Haresh Raichura
1133


The place of birth and place of death are often different - Story of a Chaiwala

Old people often do NOT want to change their home in their last years.

But in last years, they are dependant.

They have to shift if their son and children want to shift to a different city or place.

The trees born and die at same place.

But, we all human beings have different stories.

One such story is about a Movie Script Writer.

Many years ago, in Rajkot, in Gujarat, there lived a boy who used to serve tea to customers.

The tea stall was under a tea.

In spare time, when there were no customers, he used to read good books while sitting at this tea stall under the tree.

Later, he became, script writer for movies.

He moved to Mumbai. Lived a luxurious life. He was script writer for many top Gujarati films.

Then old age came.

The luxury of life looked meaningless. The glamour of Mumbai city looked meaning less.

He remembered the old dear Tree under which there was a tea stall and where he spend his early days.

He remembered how he used to serve tea to customers.

He remembered how he use to read good books under the tree when there were no customers.

He shifted from Mumbai, back to Rajkot, to pass last years of his life.

He bought a house near that tree. Daily for his morning walk, he goes near that tree. Sits there for few minutes. And then walks back to home.


Moral of this story.

Memories of early childhood remain with most of us all through out our life.

In later years of life, a desire comes to live at the place where we may have spent our early childhood.

Haresh Raichura
1132

January 25, 2014

Tapasya of Gandhji - He fought two battles at same time

He fought two battles at same time. One battle was to free India from British Rule.

Another battle was constantly going on inside his mind.

To purge untruthful thoughts from his mind.

To purge his mind from attractions of results of his work,

To purge his mind from ego of a doer,

The people used to queue for his Darshan, everyday. He needed to purge his mind from any thoughts which may make him proud.

It was a Tapsya to purify his mind. It was his inner battle which was going on and on in his mind.

Haresh Raichira
1131




Om Peace, Peace, Peace - Ancient Hindu Mantra & Neuro Linguistic Patterns

Every word spoken had bio chemical reactions in brain. Different words pronounced can produce different biochemical and physical reactions in body.

This is now known as a science - Neuro Linguistic Patterns.

There is an ancient Hindu Mantra called , Om Shanti, Shanti, Shanti.

In English in can be translated as " Come ; Peace, Peace, Peace. "

According to Hindus, repeated pronunciation of this Mantra, brings peace in one's inner and outer world.

This Mantra, if pronounced repeatedly, is supposed to reduce. 

I am not aware about scientific studies of effacts of Mantras or affirmations. I do wish that research on this subject be made.

Haresh Raichura
1130



Once CBI gets consent from State to investigate a crime, later State cannot withdraw this consent

There is a law that CBI can take investigation of any State Related crime only in two circumstances :

1) By consent of Concerned State Government,

2) By and under order of a High Court or Supreme Court.

Once the State has given consent for CBI Investigatiom, it cannot later withdraw this consent.

Haresh Raichura
1129



A Law Minister should be an arm of the judiciary - and not arm of the Government.

Maximum, about 2/3 cases pending in courts are about people fighting against the Government.

The law minister is usually a Lawyer. A lawyer is part of Judiciary.

Duty of a Law Minster is to strengthen Law and Judicial System by making smooth laws.

Law Minster should be like an arm of the Judicial System.

Haresh Raichura
1128



Many a cases in courts are lost because "The Parrot did not say that it could speak 7 languages"- Story

There was a farmer. He brought from market a caged parrot who could speak 7 languages. He paid high price for this precious parrot.

He put cage with parrot in his house and went to his farm.

In evening when he returned home, he did not see parrot in cage.

When he inquired with his wife, she told that she thought that the parrot was brought for cooking. So she killed it and she has made nice cooking from it.

"You should't have done this. This was a special parrot. It could speak 7 languages fluently", husband said grimly.

Wife defended her action and said, "Well, when I was killing it, it should have spoken that it could speak 7 languages. It spoke nothing. Had it said so, I would not have killed it."

I think I read above story in a very famous book called "48 laws of power" many years ago. The book can be searched on Google or on online book stores.

This applies very aptly in court cases.

Sometimes, there is a point in case. But the lawyer does not speak this point when matter is being heard.

And therefore the the judge does not decide this point and dismisses the matter.

The matter then reaches up to Supreme Court, and when we speak this point, the Judge asks, show us where this point is argued before the judge in the court below.

Here we feel helpless.

Moral of Story:

It is not enough to have an arguable point. The lawyer must speak it when matter is being argued. Merely, writing in petition is not enough.

Haresh Raichura
1127

Many a cases in courts are lost because "The Parrot did not say that it could speak 7 languages"- Story

There was a farmer. He brought from market a caged parrot who could speak 7 languages. He paid high price for this precious parrot.

He put cage with parrot in his house and went to his farm.

In evening when he returned home, he did not see parrot in cage.

When he inquired with his wife, she told that she thought that the parrot was brought for cooking. So she killed it and she has made nice cooking from it.

"You should't have done this. This was a special parrot. It could speak 7 languages fluently", husband said grimly.

Wife defended her action and said, "Well, when I was killing it, it should have spoken that it could speak 7 languages. It spoke nothing. Had it said so, I would not have killed it."

I think I read above story in a very famous book called "48 laws of power" many years ago. The book can be searched on Google or on online book stores.

This applies very aptly in court cases.

Sometimes, there is a point in case. But the lawyer does not speak this point when matter is being heard.

And therefore the the judge does not decide this point and dismisses the matter.

The matter then reaches up to Supreme Court, and when we speak this point, the Judge asks, show us where this point is argued before the judge in the court below.

Here we feel helpless.

Moral of Story:

It is not enough to have an arguable point. The lawyer must speak it when matter is being argued. Merely, writing in petition is not enough.

Haresh Raichura
1127

January 24, 2014

One word can please one person but it can hurt 10 people at the same time

We speak words. Each word is loaded with some message.

When you speak a word, it may affect the person to whom you are saying. It may slightly affect the person who may be sitting or standing by the person to whom your are saying it.

Some onlooker, who may overhear your words unintentionally, can also get affected.

Ten people, who can be thousands miles away from you can also get affected.

If you are on TV, when you are saying this one word, it can affect mind of a million viewers.

If you your word is written in a published book, you can never know how many people it may affect. The book can get reprinted many years after also. Your word can hurt or please many person.

To know that our each word can hurt or please many people around us and away from us, is the true knowledge of articulation word.

The person who knows articulation of words is always careful with the use of word he speaks.

Haresh Raichura
1126




Nevil Shute - a novelist raised standards of every human being who read his novels.

We are human beings.

There are certain books who make us feel that all of us are very good human beings.

They raise our standards, the moment we read such the books.

The novelist, Nevil Shute who wrote few novels between 1932 to 1950 or so, was one such writer who wrote such books.

His novels not only inspired people, it actually transformed them as they read.

Each of his book make us feel as if That we are good human beings and there are human beings with high standards, living very near us, but we are unable to see them.

Each of his book were soul enriching.

Haresh Raichura
1125



Some progress in police reforms and something that exposes how police do tardy investigations

1) Earlier, police reports, FIR. papers, statements, used to come handwritten.

Very difficult to read these papers.

2) Some HC gave direction that all such papers must be given in typed format.

3) Improvement came. Now we can read better.

How this exposes tardiness in police investigation

In one charge sheet, I saw that statements of three witnesses were typed word to word copy. Only names were typed differently. It means, obviously, these statements were planted or false.

These shows tardiness in police investigations.

Haresh Raichura
1024

January 23, 2014

How medical negligence can be proved- You need to put some doctor's evidence

You cannot prove medical negligence by saying that 1) Certain doctor did not treat well 2) And therefore some patient died.

You have to prove that treatment given by certain doctor was not up to the standards followed generally by doctors.

And to what treatment is generally given by doctors in such cases, you have to find a doctor or a medical student to come in court to say what is the standard of treatment given in such case.

Haresh Raichura
1123



January 21, 2014

The First Lady of Roli Petroleum

All petroleum corporations all over world are giant corporations. All these corporation are headed by one boss.

But behind each boss, there is a woman. She influence not only her husband or boss, but also, her influence exerts on every employee working in such a giant corporation.

Her influence is invisible and subtle. Very few can see her. And even still very few can see size of her ego.

The big decisions are influenced by this First Lady.

This novel centres around one such Savita Diwan, the First Lady of the petroleum company.

The book by Sidhir Sakhastyam Bist is an eye opener to corporate culture, particularly in foreign set up.

Many Indians serve abroad in giant corporations abroad. They must be aware about The First Lady Culture in such corporation.

Author has revealed many things.

But he has left unsaid many things. It is for readers to read between lines to understand the message of the author.

Haresh Raichura
1122


January 20, 2014

Returning home after a day's work is over - Like wood cutter who returns from jungle

A wood cutter goes in jungle to cut dry woods.

It is tough job. Wood have to be selected. Then cutting has to start. Then small sticks are to be made from logs which are cut.

Then small sticks are to be bundled and lifted on headgear.

He returns in village.

He sells wood to needy. Earns some money. Brings money home and gives it to his wife to run house.

The food is cooked. He and his wife and children eat.

Then he is very tired.

He goes to sleep. He sleeps immediately. He does not have to take sleeping pills. He does not have to take antidepressants to sleep.

My case is different.

I go to work. Someday, I am elated with victories in cases. Mind goes high with arrogance.

Next day, I lose all cases. My heart sinks to bottom.

I do not do any physical work.

Body becomes sluggish by evening.

Then I start worrying about next day cases.

In some cases, papers are not ready. In some cases client has not paid bills. Some cases are before judges who who have pre determined notions. They may not hear my case.

In some cases, advocate on other side is getting big fees. Whereas has my client is not picking up phone.

Mind is not peaceful. I go to terrace. I look at the moonlight in night sky. Moon looks so cool. Moon is unmindful of all my problems.

He is just radiating coolness in darkness of night on Earth.

He is so peaceful and calm.

Then I also become calm and peaceful.

I try to sleep. But it is again morning. Life looks like rut.

Haresh Raichura
1121


Role model : Incense Stick - a way of dedicating one's life to deeds for others

An incense stick has no personal agenda.

Once it starts burning, it burns non stop.

It continues to spread fragrance. It hardly bothers where it's fragrance goes.

It hardly bothers who are beneficiaries of its fragrance.

It does not bother it even if it's fragrance does not benefit others and it simply gets lost in wind. This is not its look out.

It's work knows no interruption and no distractions.

It only knows this much.

It is an incense stick.

Someone has lighted it from top.

It's duty is its to burn non stop at slow speed till whole of it is spent and then it dies on its own.

Such is the lives of many saints too.

They spread fragrance during their life time.

But fragrance of their words continue to linger in air for many many years.

Haresh Raichura
1121


Two powers that constantly help us 1) Power within 2) Power outside us

1) There is some friend inside us. He constantly guides and protects us.

Different people have named this power differently. Some call it Self. Some call is survival instinct, some give it some other names.

Fact remains, there is someone inside us that helps and guides. Our teacher is always there in our body.

2) Then there are some powers which are born as soon as we are born. They try to help us throughout our life.

They are called circumstances at birth, they are called fortunate accidents, Luck, Divine help etc so many things.

They protect us. They guide us if we can understand their language.

We call it God also.

The law of nature is : Help can be given only to those who ask for help.

The law says: These two power will be pleased and will help us more if we regularly pray to them and if we do not blame them if they are unable to help us.

Haresh Raichura
1120


January 19, 2014

Aim of Courts is to find out truth. Concept of Investigative Advocacy (Through Private Detectives)

Those who have read Earl Stanely Gardner's books of Parry Mason trial court lawyer, his secretary Della Street, his private detective Drake, know well about power of a lawyer who can do investigative advocacy.

Here, to help his client's case, if necessary, a lawyer takes services of private detective agency to expose lies presented against his client.

This is a very tough job.

But there are tough lawyers who do investigative advocacy.

If client is framed in false case, for example, a murder may have been done by one accused, but complainant may have given FIR that murder is done by accused, his brother, his father, his uncle etc.

Here, an investigative advocate can collect evidence through detective agency.

Evidence can be like mobile phones record giving GPS locations, etc..

The concept of investigative advocacy is yet not very much used in India.

But with new technologies coming, investigative advocacy is possible.

(Though this is very risky. Lawyer can himself get into trouble)

Haresh Raichura
1117



Defence Lawyers are not supposed to talk with prosecution witnesses outside court

There are rules regulating conducts of advocates. The rules of conduct prohibit lawyers to do anything which puts a lawyer himself into positions of a witness.

There are laws taking actions against anyone who tries to influence prosecution witnesses.

The defence lawyer can cross-examine prosecution witnesses in court.

But it is not permitted to him to talk to other side witnesses or parties outside court.

This is criminal offence of interfering with administration of Justice.

It also comes under contempt of courts Act.

Haresh Raichura
1115


Lawyers' Pains in taking corruption cases of small people (Bribes about Rs.3000/-)


Law is a net from which big fishes can escape but small fishes are trapped.

When a small man is caught taking small bribes of Rs.500/- to Rs.3000/-, he is shattered mentally as well as physically.

He sees that people around him, officials above him, taking bribes of millions and roaming free. Whereas he finds himself being caught for taking a very small bribe !

His mind is shocked with disbelief. He is arrested.

His family reputation is ruined. His children's are stamped with stigma. He can no more he look in eyes of his children.

He falls ill. Some develop disease like parkinson. Sadness kills their whole immune system. They come to us with medical reports of all kinds of treatments. All diseases visit them after they are trapped.

Most of them get crippled by the time their trial is over, their appeal is over and they look as last hope to Supreme Court.

And when his case comes to court, he finds judges merciless.

The rule says, they must first surrender in Jail, however serious their conditions be.

Thereafter their case comes for hearing.

Here, judges tell them that corruption is cancer of society, no mercy.

They cannot argue that "Sir, we are small fishes trapped in the net. The corrupt people who siphon off millions are roaming free."

Law does not say that Judges should be merciful too small fishes when big fishes are moving free in sea.

Before law, small fish or a big fish, all are equal.

Whoever gets trapped in the net of law, must be executed as per law.

Haresh Raichura
1114



Bites of Actions

Assume that total work that you are required to do is a very Big Apple. 

Now you can take a small bite. 

It reduces total size of remaining Apple. 

And slowly slowly you can eat the whole apple. 

Here, ability to visualise the bulk of actions as a big apple is required. 

One should also be able to see the reducing size of an apple as small bites are taken from it.. 

Use another analogy. Assume that you are asked to eat a big elephant. 

Well, you need not get overwhelmed by size of elephant. 

You can take a small piece on a dish. That is the way. 

To do big tasks in small bites.

Haresh Raichura
1118

Best Art of Fighting

What is your style of fighting? asked one warrior to another. 

My style is to fight without fighting, replied the other warrior. 

Then he demonstrated it. 

He trapped the first warrior in a situation where he had to get too busy fighting with some problems. 

He had no time to fight or to challange second warrior. 

Second warrior has successfully incapacited first warrior. This was his style. He described this as style of fighting without fighting.

Haresh Raichura
1119

(Ref: Movie 'Enter The Dragon', starring Brucly) ) 

Truth and Yoga are the ways of life. A person who follows these paths, radiates shine.

Truth and Yoga are the ways of life. A person who follows these paths, radiates shine.

The confusion however is about meaning of word Yoga and word Truth. 

Everyone has some views about meaning of these words.

I suggest following views: 

A) Yoga : Just as tortoise withdraws all his legs and mouth in his cell, withdraw looseness from all your body parts, withdraw them in a center of your body. 
And stay in this center as much as you can. 

Compact all loose parts of your body. 

This process, in whatever way you do, amounts to Mind exerting control over body. 

To put body under control of mind, itself develops a great strength.

B) Truth : Gandhiji said, every soul knows what is truth. 

Forget Truth as argued by others. Forget logic. Forget common-sense. 

Ask your soul what is truth. Then try to stay on path of truth as suggested by your inner soul. 

If your mind tells you that something is truth and then gives you some reason to say why it is truth, this may be a trap. This may not be a truth. 

Try to go to more in inner depth of mind. 

Truth, if it is Truth, need not give reasons to support its claim as Truth.

Haresh Raichura
1119

Do not Judge people. This habit diverts us from our own path

There are billions of stars and planets in space. They all move as per their own destiny.

No good to say that one start is on right path. No good to say that other stars are on wrong path.

There are 7 billion human beings. All must be moving as per their destiny.

If we start judging some of them, it diverts some of our attention. Our speed becomes slow.

Haresh Raichura
1113



January 18, 2014

Two Types of Postmortem Reports and their use in courts.

Postmortem word means "after death." And "Antimortem" means "prior to death".

First Postmortem report is about physical examination of body.

The doctors check dead body and write in a document every details about injuries seen on body. They also measure size and depth of injuries.

Then these injuries are examined to see whether they were inflicted on victim when victim was alive or whether these injuries were inflicted on body when the victim was already dead.

Then samples of certain parts of body are taken and sent to laboratory.

Some parts of these are checked with chemicals to trace presence of poison or medicines.

This is the second part of Postmortem Report.

There are some poisons which disappear from body within few hours after death. Delay in taking samples of body can destroy evidence of such poison.

Some samples of these body are preserved for sometime. Because if someone doubts postmortem report, second postmortem report is made.

Use of Postmortem Reports in Courts.

The court relies more on statement of doctor in court. The postmortem report is mainly for use to support what doctor says in court.

Lack of Guidelines to Doctors on how to prepare postmortem.

I have not come across official guidelines notified by Ministries for guidance of all doctors.


Digital videography

The digital videography is now very cheap and easy to make.

It could be easily made mandatory that 1) Postmortem should be done within 6 hours after body is brought to hospital so far as practicable and 2) Each postmortem examination should be videographed. 

MOST IMPORTANT GUIDELINE NEEDED

Whenever doctors find an unnatural death, a copy of first postmortem should be sent to Magistrate within 24 hours. 

This is necessary that many unnatural deaths are wound up by police without registering FIR. 

Forwarding of Postmortem report to court in all cases of unnatural death, will ensure that police files FIR in all cases.


Haresh Raichura
1111


Measure of your leadership - how many people believe in you?

There cannot be a leader without a follower.

You are a leader - someone who leads, even if you have only one follower who follows you,

You rise your right hand, and a thousand persons rise their right hands, you are a larger leader.

And so on. This is the measure of a leader.

If after death of Mahatma Gandhiji in 1947, if you still see people following his thoughts, actions, then he is an immortal leader.

The simple logic of leadership, if you rise your right hand, there should be people who also rise their hands.

Your strength multiplies proportionately.

Haresh Raichura
1111


3 Suggestions to reduce abuse of suicide-within-7-Years-Marriage laws

If suicide takes place within 7 years, law presumes that it is dowery death. But this presumption is not a presumption of guilt, it is only a Rule of Evidence.

You will never find any judgement of any High Court or Supreme Court saying that in every case of suicide police has to register case of Dowry Death.

What Police Normally Do

They take statement of some relative of Deceased wife who may say that husband and all his family members used to demand dowery.

3 Suggestions about what husband side can do

1) They should give at earliest, a list of evidence (Photographs, Video, Audio Recordings on Mobiles, Names of witnesses etc) to show that there were no demands of dowery immediately in preceding Two Months of Suicide. They should request police to investigate these suggested evidence also.

2) If police refuses to investigate these evidence,

3) Then move an application to trial requesting that this investigation be taken away from present police officers and it may be directed that investigation be made by some higher police officers

If police is not investigating and collecting evidence properly, Magistrate will direct better investigation.

If you are not happy with order of Magistrate, then you can go to High Court against order of a Magistrate,

If you are not happy with order of High Court, move Supreme Court against that order. 

Truth must prevail.

Haresh Raichura
1110

Law does not say that in every 'Suicide within 7 years", husband will have to be arrested - Law applied wrongly for small people

Law says, if within 7 years marriage, if wife commits suicde, law will presume that it is dowry death. But this presumptions made by laws are never absolute.

This law means three things :

1) Husband will have to show evidence to a Police to show that there were no demand for dowry. Then police need not register a dowry death case after recording this evidences.

2) If Police refuses to belive husband, then he has to register dowry death and arrest and bail will follow.

3) Then there are three places were it is open to husband to convince judges that there were no dowery demand. First to sessions court, then to High Court and then to Supreme Court.

The Point is : It is not necessary for police to register a dowry death case in case of every suicide within seven years.

Haresh Raochura
1109


In politics, being number 2 is a dangerous place to be: 48 Laws of power

This rule is discussed elaborately in Robert Greene's book 48 Laws of power.

As the person grows in power, wealth and influence, he climbs higher and higher.

Then he becomes No.2. Next to the King.

The King perceives him as rival and a competitor to who can replace him.

Then all the advisors of King spy on No.2.

This all often results in sudden and unexpected fall of No.2.

This law is seen in operation in almost all political set ups.

Haresh Raichura
1108



Taming the Judiciary from within is the best way to strengthen Independance of Judiciary.

The Constitution insulated judiciary from any kind of outer interference.

The provisions are so made that even a Chief Justice, or a Prime Minister or a Chief Minister is prohibited from ringing up even a smallest judge to give judgement any case in favour of any party.

Yet somewhere somethings like "Falling Standards in Judiciary" has become visible.

The solution is not by "Making all Judges subject to control of some body of ministers, few judges and few so called jurists." The day this will happen, we will loose a bold and independant judiciary.

The better solution is: "To tame the Judiciary from within".

And the beauty of the Judiciary is : "Ask the Judiciary itself to set up an inner checking mechanism to tame itself from within".

They will listen, respond and will find out some effective mechanism.

Haresh Raichura
1107




Emerson once wrote: A great man could be hidden in you also, if you have courage to express your inner voice

Life is not simply a marathon road from birth to death.

Emerson, in his famous essay "Self Reliance" said something like following.

(I do not recall the exact words.)

Look around and see what great people are saying. They are not saying anything new. We already all that they are saying. These thoughts and ideas were already hidden somewhere in us. The diffidence between us and them is, they have courage to speak and talk about it. Whereas, we did not have courage to speak and talk about it.

Look at what Leading politicians are today speaking on public platforms. They are saying same things which are already in our mind. They speak out it loudly. Whereas we simply keep thinking and sometimes we murmur about that.

This may be the main difference between them and us.... The courage to speak up.

Haresh Raichura
1106


January 17, 2014

Changing names of laws - From Bombay Acts to Maharashtra Acts

Since Year 1864 to year 1960, about 84 Laws were known as Bombay Acts.

Now, by passing a new law, since 22nd August 2012, the names of all these laws are changed.

Instead of "Bombay Acts", they will be now known as "Maharashtra Acts"


Haresh Raichura
1104




Emotional Initiatives-,Sudden urges to do something

Sometimes we suddenly get energy to do something. We feel charged with a new initiative.

In fact, we feel as if we are being driven by a yet Unnamed Emotion.

Are these urges messages form God or angels?

Two hours ago prior to when this urge comes, we could not have even imagined us going in this new direction.... And suddenly we get charged with new vision and new action plan. We are unable to pin point exact direction.

In book, Many Lives Many Masters, Dr. Brian, a psychiatrist, says that there are many invisible masters floating around us. They enter in our mind and put messages.

Other psychiatrists relate this to sudden increase of neuro fires in brain.

I analysed my past sudden actions in following way

1) There is sudden urge in mind to act in a certain way. If we reject this urge, it comes back with more power.

2) I have seen myself, being literally dragged by my emotions into suggested action, even if I may be resisting it every second.

3) I think there are powers.

Magnetic powers of Earth keep moving iron needles to North Pole.
The human blood also contains iron.

So all of us are controlled by many powers which are yet to be identified.

Haresh Raichura
1105

Petitions possible to gag media from publishing photographs of any person or accused or victim

In your own photographs, you have your own copyrights or rights to privacy. 

No one can publish your photos for advancing his commercial purpose.

Recently there is a disturbing trend in media.

If a murdered or arrested girl is beautiful, the photographs of deceased, their family, their building, accused, gates of houses etc are kept flashing to arouse media curiosity and to increase TRP or sales.

In my view such photographs cannot be used in media without permission of concerned person, unless he or she is a public figure or a celebrity.

Petitions in courts possible. Suit for damages possible.

Haresh Raichura
1102




Rituals and Belief systems of Mahatma Gandhiji

I have not read much about Mahatma Gandhiji.

But every time, I read something written by him, I feel as if I am in presence of a genuine person.

From such random readings, I have noticed some of his Ritual and Belief system.

1) His one belief system is Three Monkeys model.

One monkey puts its palms over eyes and says that It will not see evil.

Another monkey places it's hands over its ears and says that it will not hear any evil.

Third Monkey puts its hands on mouth and says it will not speak evil.

In one line, this belief system can be described "No evil in, No evil out".

If I do not let anything evil to enter in my mind, it less likely that I may speak anything evil.

2) Silence on every Monday.

This was one of his many good rituals.

I have not tried this. Probably, you have also not tried this ritual.

So whatever I write about this, will be guesswork.

Gandhiji must have found some benefits in this ritual.

If we try to keep silence for one day, then that day we have to fight back several urges to speak.

Fighting against impulses coming out from inside of us, itself is a great step towards more control over self.

Haresh Raichurs
1101





January 16, 2014

Parsi people - endangered species - as I understand them

As the story goes, many many years ago, few ships landed at port of Navsari in Gujarat.

They were full of Parsi people.

They had escaped from their home land because of some threats. They were looking for some new land where they can settle and relocate.

Their leaders met King of Navsari.
They requested permission to settle in his kingdom.

The King sent for a glass of milk which was filled up to the brink. The King presented this glass of milk to Parsi leader and said, "Our kingdom is as full as this glass of milk."

The leader of Parsi picked up a small peace of sugar and slowly, put it in the glass of water.

Then he said to King,"We will mix up like sugar in your Kingdom".

The King agreed to give them land for settlement at Navsari.

A treaty was drawn in which the Parsi gave some undertakings regarding prohibition of night parties, marriages with locals etc.

Then the Parsi community flourished in Navsari in Gujarat.

They picked up Gujarati language in their own way. They avoided local politics.

They mixed up like sugar in Kingdom of Navsari.

I know little about them.

1) I think they worship Fire as God.
If you feel like darkness in life, then you are away from God. If you feel light in your life, then you are near to God. So simple.

2) I read about one of their Mantra. It is "Good Thoughts, Good Words and Good Actions".

From Navsari, they spread in various parts of India.

But presently, their population is down to such an extent that they have become "endangered species".

"Survival of Fittest" is the law of nature.

It is for the Parsi people to examine this law.

Haresh Raichura
1100

January 15, 2014

An Indian- He started giving ₹1000/- donation everyday. When he died, he gave donation of ₹10 million per day

Deepchand Gardi was his name. He recently died. You can find about him on Facebook or Google.

He was a lawyer. His father was a lawyer.

In some land cases, his father earned huge money.

Deepchand Gardi decided to donate ₹1000/- everyday for any good looking social cause.

When he died recently he was giving donation of ₹ 10 millions daily as someone told me.

Once he had given donation for constructing building for Bar Council of Gujarat at Ahmedabad.

At that time he came to Ahmedabad and addressed lawyers of High Court.

He said, "We are lawyers. The more we give to society, the more we enlarge."

I remember him. Once I dropped a message to him on Facebook, saying how he inspired me. He liked my message.

I never took this opportunity to seek any donations from him for any purpose.




Rest of this story is as told to me by other lawyers of Ahmedabad.

Haresh Raichura
1098

#KnowHow Even a Non-Milk-Giving Cow can give earning of Rs.1 Lakh per year for 15 years

#KnowHow

Recently, I saw a lawyer who is maintaining about 30 cows in a scientific ways.

He said that after a cow stops giving milk, for another 15 years, it can yield income of Rs.1 Lakh for next one year or even more.

This was new a subject for me. I tried to understand.

1) A non-milk-giving-cow continues to produce dung and urine which have big demand in market. Slight modifications to urine and dung is needed which can be done at very little cost.

2) One Direct Benefit - Very easy to understand.

To keep cows, you have to buy some land somewhere. The cows live on this open land and protect your land against all encroachments. If someone forcibly disposses cow, possession can be restored by police under Sec 145 Cr PC.

In 5 years, the land becomes extremely valuable due to rise in land prices.

It is good investment idea to buy cheap open land and to ask these cows to protect your land against encroachments.




3) Small investment in Cow Urine Essence making unit is required. It is a simple evaporation machine. Easily available.

Urine is turned into Essence which is prescribed as medicines by many Ayurvedic doctors.

It can be then sold with profit.




4) about Rs.5,000/- further investment can produce an underground Gobar Gas Plant.

With this plant, cooking gas requirements can be met. No need to buy gas cylinders from market.




5) Further Bye-Product of above plant is organic fertiliser. It comes out from plant as residual after gas is extracted from it. It sells at Rs.70 to Rs.80 per kg.




6) Other products are :-

A) Utencil Washing Powders made from cow dung,




B) phenyl made from cow urine.





C) Incense Perfumed Dhup batti produced from cow dung:-



There is big commercial market for such product because so many Hindu families will consider it their pious duty to purchase these products.

For more knowledge, you can contact Prakash Pathak, an advocate in Gujarat High Court, who can guide you. His cell number is 094-09-648669 He gives Cow Hostel Facility. Your cow can be kept in this hostel for as many days as you want. You can take back your cow from hostel, when you want it back.




If Non-Milk-Giving Cow is actually giving income, there is no need to sell it for beef consumption.



Haresh Raichura
1097

Three blood groups of three main political parties in India

Party 1 : In given tough conditions, we have ruled the best. We are the best party. We have to convince this to people.

Party 2 : It is now our turn to rule. No one can stop us. We will do all that is necessary.

Party 3 : Corruption has to be removed. It can be removed. It has to be removed just now.

None of these three blood group can be mixed. They blast of they are mixed. Mixing of wrong blood groups create cancer.

Haresh Raichura
1096



Once very rich but now he had no relatives. Hospitals and old age homes refused to admit #Fact

A lawyer in Ahmedabad told me this true story.

One man was very very rich in his prime time. But now destiny had turned upside down for him.

He used to do odd works given by lawyer and others. He was alone. He used to sleep in shelters for poor (Revabai Dharmashala) at night.

One day he knocked at door of this lawyer. He was shivering with fever.
The lawyer gave him food, rest and treatment at private clinic.

It was necessary, to admit him to hospital. Hospital authority asked lawyer if he was a relative of poor man.

Lawyer said no. Then Hospital authority said no...
.. ... we cannot admit him, if we admit people without relatives, we get into legal trouble, they said.

The lawyer threatened... "You will get into bigger legal troubles if you will refuse to admit this person. I will have to file petition in Gujarat High Court against you."

Finally, the hospital gave in. The poor and relativeless man was admitted in Hospital.

Treated.

After he was discharged, the lawyer decided to put him in some old age home.

He was willing to deposit all charges payable to old age homes. But all old age homes refused to admit him.

They said they need name and address of some relative, before they can admit any old person in old age home.

There are no old age home for old men who have no relatives.

Finally, the lawyer found an old age home in Ahmedabad, where two of its trustees were lawyers. He talked with these lawyers. They admitted this old man in their old age home.

The name of this lawyer is Prakash Pathak. He is a practising lawyer in Gujarat High Court.


Legal Point; 

Hospitals and Old Age Homes cannot refuse admission to a person without any relatives. They can admit them with intimation or caveat to police. It is duty of police to check to ensure that this person is not an absconding criminal, or a foreigner, or some suspect. 

Some courts need to give some directions on this issue. 

Haresh Raichura
1095


January 14, 2014

Videography of passengers travelling in train - Privacy versus Security

Security is more important than privacy.

Security staff often do videography of passengers travelling in train. It helps them a lot in maintaining peace and security.

Passengers cooperate and allow them to be videographed.

But suppose if a passenger refuses to be videographed? Suppose if a passenger asserts his right to privacy?

In that case, as per my view videography cannot be enforced on a passenger.

Videography violates individual's right to privacy. This right can be taken away only if some law is passed.

At present I do not see such law. But it is also good if passengers cooperate for security reasons.

Haresh Raichura
1094


Poor should not be forced to take legal aid advocates- Pay them so that they can choose advocate of their choice

Law says that litigants are uentitled to be defended by an advocate of their choice.

The right is denied to poor because sometimes they cannot afford fees of lawyers.

They are directed to accept an advocate assigned by Legal Aid Committees or by Amicus Curie advocates appointed by courts.

Now if the poor loses their case, a feeling of hurt remains in their heart that, they could not engage an advocate of their choice.

Their right stands violated.

When Corporate Bodies, or Govt Bodies approach superior courts where courts have to summon to poor people, such orders should also ask Companies or Government Bodies to deposit something so that a poor can engage a lawyer of his choice.

Haresh Raichura
1093



+++ A memorable visit to a jail

I went to the gate of Jail, asked for permission to meet some clients who are in jail, regarding their cases.

The Jail keeper asked me to write a written application.

There were several people waiting outside gate. They had come to meet their relatives in jail.

As I was writing application, I overheard two people talking.

One said, "Since how many days you are absconding?"

Another replied,"I am absconding since last Thursday. And you?"

First man replied,"I am absconding since a month."

Both absconding prisoners had come to jail to pass some messages to their other convict friends who were in jail.

The point is :

Sometimes prisoners are given 15 days temporary parole to attend some family problems..

When they are coming out from jail, 10 other prisoner friends ask them to attend some of their work also.

If these small tasks of life are not finished in 15 days. They ask for extension of parole leave from jail authorities.

If extension of parole is refused by authority, then they remain absconding and remain wanted for few days. After their tasks are over, they report back to jail to resume their punishment. They are inflicted additional punishment for remaining absconding.

Inside jail, they live like a family. Each one is criminal. They accept each other as such. To them no one is saint. None of them have holier than thou look on their face.

In outer world, though all of us may be guilty of violating some or other laws, since we are still not caught, we do not admit.

We treat all of us as respected law abiding citizens.

Comparatively, people inside jail are more honest.

Here, they call each other by their number or by some nick names.

Nick names are like : Chaku, Chaki, Chhoti Chhoori, Badi Chhori, Langda, Takla etc.

These nick names help them.

When they come out from jail, they forget their nick names and also forget jail memories attached with their names.

Then they become normal people with normal names. They do not feel any stigma attached to their name. (Because inJail their names were different)

In one hour I spent in Jail, they told me how there is chaos in all jails in India after Supreme Court Judgement that no prisoner has legal right to be released from jail after 14 years are over, it is entirely on each State Govt and it's machinery to decide when to release whom and on what grounds.

They said every day new circulars are coming.

The poor and voiceless prisoners can spend their whole life in jail. And those who know how to, can come out in 10 years.

I was voiceless.

I had no solutions for their problems.

I could give them only one assurance, "Your Appeals in Supreme Court will be heard in due course." This assurance was meaningless as there were no commitment of time, and yet it reassured their hopes that one day Supreme Court will listen to their side of story.

This is their dream.

My Senior told me that people can live their whole life on hopes. It is our duty to give them hopes against hopes.

When I left jail, I felt that people inside jail were more honest and more truthful then people like me who live outside jails.

Haresh Raichura
1092




Today "Kypo Chhe" Festival in Gujarat -

By 10am, almost every household family will be on terrace of every building.

The game is to fly kites and to cut kites of others with specially pulverised-glass-laced threads.

Threads are so made that they can cut other threads.

One Kite dives on other kite and the moment thread of one kite touches another kite, one of them is cut. The killer party shouts "Kypo Chhe! "

The kite which is cut, starts falling from sky in zig zag manner. Then the people on terrace and boys on streets rush to catch hold of that fallen kite.

In this festival of joy, joy of competition, celebration of joy of cutting kites of others, looting the falling kites,...every thing reaches hilarious joy.

People come our from their daily rut of living to enjoy life.

By evening, one or two death may also be reported for falling off from terrace or roof.

But the joy will be at its peak today.

Haresh Raichura
1091



January 13, 2014

When a new fish enters in a pond

When a new fish enters in any pond, the status quo changes.

Food resources available in pond will require one more share. But there is plenty. No one will much bother.

But, then there are temporary threat perceptions. The new fish may fear old fishes in pond.

Old fishes may eye new fishes to check competitive threats.

Then, the adjustment begins. New situation becomes status quo once again till another fish comes or till some old fish dies.

The life in pond goes on as usual.

This analogy is also applicable when a student joins a new class room. Or whenever a person enters in any new social group.

When newcomer is well poised in advance, and when he enters in new group as if he is already at peace with whoever may be in group, he radiates a magnatism. He soon makes friends.

The above analogy is however not applicable when a crocodile enters in a pond.

In politics, when some large size politician defects his own party and enters in new party, old party workers in group will regard him as a new crocodile in pond.

The status quo takes some time.

POINT

Most groups behave in a standard manner. Studying the nature, can help in understanding human behaviours in groups.

Haresh Raichura
1090



For driving scooter, Learning and license both needed. No learning required for voting.

For driving scooter, Learning and license both needed. No learning required for voting.

Vote is valuable. Voting right is valuable.

So we are told.

But is there no learning, no training required to cast a vote?

Are there any certificate courses available for learning to cast vote?

Driving License requires training because by incorrect driving, we may hurt ourselves and others too.

By casting an incorrect vote we can hurt ourselves and can hurt an entire nation.

May be one day, we may have requirement of undergoing a little training before casting a vote.


Haresh Raichura
1089




Power of High Court to Review after Dismissal of SLP in Supreme Court

The law here is contradictory in many aspects.

1) First line of Judgement says that when SLP is dismissed, it is neither affirming the judgement on merits nor High Court judgement merge into Supreme Court. Therefore, it is open to High Court to Review.

2) One such judgement is 2011 (4) SCALE 498 Justice Katju and Justice Gyan Sudha Misra Judgement.


3) Some judges have taken view that such review is not maintainable in High Court after dismissal of SLP.

4) Some Judges have recently said that even if review may be maintainable, No further SLP will lie against that order of High Court in review unless liberty to so is given .

The Judges relied on some provisions of Civil Procedure Code. In my view this judgement is capable of looking it at it from different angle because an Art.136 Appeal is not governed under powers of Code of Civil Procedure.

A different view is possible.

5) But in substance, law is not so clear and stable as it should be.

Haresh Raichura
1088



January 12, 2014

Seeing movies of things through which one is about to pass

There are people who have recognised power of visualisation.

I am not trained in these powers. I am no authority to speak on this subject since I have not tried it first by myself.

But what I understand from reading various articles and books is something like this:

1) Imagine and visualise a Stage where a drama is played.

2) Before the show time begins, visualise and PLAY the role which you are supposed to play.

3) The above two things are not possible unless you have:

a) Fixed some time for rehearsal,

b) And you know how to do this.

4) The a Preparation includes Rehearsal. Rehearsal is also a kind of preparation. If preparation helps, rehearsal also helps.

5) Rehearsal should be of such nature that, you get a feeling of Déjà vu when you are passing through this real event in future.

6) For lawyers, it sometimes like, mentally, "Arguing before a Wall", a day before the case is listed for hearing.

7) It is obvious that a person who has done a rehearsal will perform better than what he would have performed without a rehearsal.

8) There is rule: "Isolation and Discipline is essential for progress of a human being." Adherence to this rule is must when you are rehearsing a future event in your mind.

Haresh Raichura
1088






Essentially it is duty of Bar Associations to keep watch on judges to ensure that they maintain high standards

The lawyers can watch working of judges 24/7.

It is their duty to ensure that judges maintain high standards in public and private life.

If they see aberration, they must rise to occasion and should do what can be done to bring peer pressure on erring judge and to persuade him to maintain high standard in his public and private life.

Haresh Raichura
1087



Who will correct erring steps of Higher Judiciary in India?

We do not ask people to respect us. Respect is Commanded by maintaining high standards in private and public life.

The media is talking about erring steps of higher judiciary.

To silence media by passing orders is not the right answer.

Someone in High Judiciary must introspect, "How we have reached to this stage? What can be done to uplift image of Higher Judiciary? If the allegations are false, then what is the mechanism to look into such allegations and prevent such allegations, if they are false?"

Haresh Raichura
1086

Our India : Are we housemaids and claiming high moral grounds before courts abroad?

India is sovereign country. Immunity of India's diplomats abroad must be protected at all costs.

But on sidelines, another issue has emerged.

Are housemaids underpaid in India?

Are they unfairly treated?

Are there enough laws to protect exploitation of housemaids in India?

This is something we need to introspect.

Rules of a Wealthy Nation


Wealth cannot be built by exploiting maids.


Haresh Raichura
1085

Jalarambapa - The saint who willingly donated his wife when an aged beggar asked for it -

In Gujarat in India, there is a temple where every day about 5000 poor and needy are served free lunch and free dinner.

And No donations are accepted by the temple.

It's expanses are met from interest income.

It is Jalarambapa Temple.

He was born few hundreds years ago.

His two passions were 1) To worship God 24/7 and 2) To give food and donations to poor and needy who may ask for it.

He refused no one.

One day he got at test of his life.

An aged saint came to him and said, as he had become old, he needed a woman to help him. He asked for his wife.

Jalarambapa consulted his wife. After obtaining her consent, he donated his wife to this old saint.

At outskirts of village, the saint returned his wife. He said he was just testing his reputation for giving donations to poor.

The saga continues to live after him.

He is today worshipped by many. Many temples have came up to worship him, in India and abroad.

Haresh Raichura
1084

Process of what we do is as much important as what we get at end of our action

This is an old debate.

In maths examination in school, teacher told, "Not only the answer must be correct, the process of formula by which you reach the answer, will also be checked. Marks will be given if process is also correct."

Then there is a counter argument. "People do not want to know how many troubles you faced on sea. They only want to know what have you brought from your voyage. "


Two Points.

1) For people, for Family, for Friends, for onlookers, the only thing important is end result of your actions.

2) For you, for your inner conscience, for your examiner, for laws, for overall good of all, the process by which you arrived at result is also important. They will give you marks only if your process is also correct.


Haresh Raichura
1083


January 11, 2014

Rejection Therapy :- Ask someone to unfollow you on twitter, then see how you feel when unfollowed

To stabilise emotional attachment, one method discovered is Rejection Therapy.

In this therapy, you ask something from someone in such a way that you are likely to be rejected by him.

Initially you feel hurt when you are rejected.

For example, ask someone for a loan. Or ask someone favour which he is surly going to reject.

After some more experiments, you feel bliss.

You feel no pain when someone rejects you. The emotional pains are desensitised.

This is described as REJECTION THERAPY.

Haresh Raichura
1082

Krishna-Bhakti is tested when someone unfollows us on twitter

The preaching of Lord Krishna is something like this (As I understand)

1. Withdraw from outer world
2. Be centred within your own self
3. Nothing happening outside should disturb your inner self.

4. You should not upset anyone even if he may be your enemy.

5. Nor you should allow yourself to become upset by actions of others.

The 5th item is tested when someone unfollows us on twitter.

If we feel hurt, we may need to understand Lord Krishna's preaching again.

Haresh Raichura
1081



Clever and Stupid - Two words spoken repeadedly, makes us more clever and less stupid

When you see something clever, just say "Clever !"

When you see something "Stupid", just say "Stupid".

If we do this again and again, gradually, our mind begins to collect a database of "Clever things" and "Stupid things".

This may in the end, help us to become more clever and less stupid.

Haresh Raichura
1080


To "Think Clearly" means to be able to "See Clearly"

To think clearly has been my passion.

I like to read every book which promises to teach how to think clearly.

Socrates, Aristotal, Plato, all were pioneers. They studied different parts of our thinking.

As I understand now, to think clearly means, to be able to see clearly.

Everything we read, see or hear, is not the whole truth. There is someone trying to convince us something. He has some agenda.
He tells us selective things which serves his purpose.

What is his agenda? What is he saying? What is he not saying? Where is the correct picture?

Clear thinking means to inquire till the we can "see" things clearly.

In some situation, 2 and 2 makes 4. In some other situation 2 and 2 makes 22. In still some other situation 2 and 2 makes 1.

We need to see things clearly. Clear Thinking helps us to see things clearly.

Haresh Raichura
1079






Do something which no one else can do

This is about an individual's progress. This is mostly applicable to youth who has mountains to climb.

In your circle, be master in something. It can be some small thing. But no one around you could do it. This gives you uniqueness.

Feel like master in some area. It gives a sense of fulfilment. You feel as if you have reached a summit.

But this does not mean that others are inferior to you. They could me masters in some other areas where you have no chance.

To find out in which area you can excel, you have to do some brainstorming.

You have some strengths. You have some limitations. Within these conditions, there must be something about which only you can excel.

Find out this something which only you and only you can do with mastery.

Then practice, practice and practice till you become master.

Haresh Raichura
1078


Politics: To break open a gate, camel was used as cushion between Elephant and Gate

The ancient stories of wisdom are relevant today also.

To break open gates of a fort, enemy used elephant to push open the gates.

So big nails were used embedded on Fort Gates, so that if elephant directly attacked gate, the pointed nails will stab in the head of elephant.

So enemy then used Camel as cushion. Camel was made to stand near gate. The elephant will push the camel. Nails on gate will stab in the body of camel. Gate will crash open. Camel will die.

In three party politics, one party is often used as a scapegoat, or as a camel, between fight of two strong parties.

The party which is used as camel, dies in end.

Haresh Raichura
1077



Defamation of a former Supreme Court Judge by a TV channel -₹100 Crore damages were awarded to judge

I remember a case.

Some news in a TV Channel defamed a former Supreme Court Judge.

The Judge promptly filed suit for damages.

The suit was contested heavily.

At the end of day, the trial court awarded ₹ 100 Crore by way of damages in favour of Judge.

High Court also refused to grant stay of a money decree unless ₹ 100 Crore were deposited.

Probably appeal of TV Channel is still pending for final hearing.

Haresh Raichura
1076

A part of us becomes bonded labourer whenever we buy something on installments.

There is a commitment to pay every month.

There we have to work every month.

We have to earn every month and pay back.

The bonded laboured are in same position. Some amount is paid upfront. In return they sell their freedom and bound themselves to work for their master.

This does not mean that to buy on instalment is always bad.

There may be cases where product which we buy is an investment which start giving returns more that we have to pay for instalments.

The point is to choose wisely when you are buying something on instalments.

Haresh Raichura
1074



Law is a civilised form of violence


Law seeks to replace violence with a civilised system of Justice.

But at the end of law, there is violence.

Force is used against a person. His liberty is violated. He is put into prison. His property is taken.

There are so many sublime forms of violence incorporated in provisions of law.

Haresh Raichura
1073


January 10, 2014

Poor Decision Making skill - actually it is a matter of practice or habit.

I have seen lawyers who can answer you even before you have opened your mouth to ask a question.

I have seen them making decisions every second.

The moment you speak, "Stupid", you have made a decision about a person and branded him as stupid

It hardly takes a second to speak "Stupid".

The more a person takes decisions, his decision making muscles in brain gets stronger and quicker.

Agree, Disagree, Stupid, Clever, Yes, No, Not now, Ask me tomorrow etc are some the decisions which can be taken in a second.

Haresh Raichura
1072

People who complain about abuse of any law, usually have poor documentation of their rights

The laws can be bad. Bad laws can be abused badly. But even good laws can be abused.

Justice rests in shoulders of Evidences.

When evidences are not there, courts go by words of mouth of parties.

The party whose word is disbelieved, complain that law is abused against them.

They seldom admit that they did not have good evidence of what they say.

This is new age. Audio Recording and Video Recording Evidence is one click away.

Documents can be signed on internet.

When you apprehend troubles better to prepare evidence.

Main Point
The party which can place better evidences of their claims, succeed better. Focus on finding evidence of what you want to tell to Judge.

Haresh Raichura
1071



Documentation of Rights in Live in Relationships may help against false rape or cheating cases

All kinds of dispute arise, when relationships are not documented.

If rights of parties are properly documented, even in Live in Relationship, it may help if later such relationship gets break down and false cases are filed.

The legal validity of such documentation is yet not clear to me. Such documentation can help, or it can also create more liabilities. Depending on what is put in writing and signed by whom, who are witnesses etc.

Best thing is to avoid problems now before they crop up later.

Haresh Raichura
1070






Art.15 prohibits discrimination among citizens on ground of their religions

We forget our constitutional rights so often. One such right is under Art.15. It is about not to be divided on grounds of religions.

But this article is often forgotten or not understood in right sense.

Therefore, many feel as if they are divided by religions. Invisible walls come up among people of different religions.

Many times State, grants special benefits to followers of any particular religion.

When any such relaxation is given on ground a particular religion, it violates right of people of other religions to be treated equally. Art.14.

There could be many reasons behind such actions by a state.

There could be pressure from religion groups. There could be political votes oriented views. Or, there may be data before governments to justify such discrimination.

The State action might be justified.

But nevertheless, each such circular or law weakens unity of people of India, at least a little.

It encourages people to look with enmity against people following other religions who may have been denied such relaxation.

It sometimes increases problem instead of decreasing it. Discrimination of any type is never good. It is against human nature.

Haresh Raichura
1075

One Risk of Live in Relationship

If live in relationship breaks, wife files cases of cheating with promise to marry and/or rape etc.

One risk is, that the court may not grant anticipatory bail in such cases.

There is no law that no anticipatory bail can be given.

But normally, courts do not grant anticipatory bail.

The cases can be different if.. If..

there are documents to show that

1) There was no promise of marriage

2) There was no promise to continue in live in relationship forever

3) There was no kind of cheating

4) Liabilities for children were well defined.

But at present, these law are in flux. The laws are evolving. It cannot be predicted how court will act in such cases.

Haresh Raichura
1068


SC : Directions to all states to monitor standards of soft drinks

"We. therefore, direct the Food and Safety Standards Authority of India, to gear up their resources with their counterparts in all States and Union Territories and conduct periodical inspections and monitoring of major fruits and vegetable markets, so as to ascertain whether they conform to such standards set by Acts and Rules."

Above is the direction of Supreme Court.

If direction is not being followed up by above authority, citizens have following rights :-

1) Make representation to above authority, with copy to District Collector, asking to show cause why above direction of Supreme Court is not being followed in your area, how many periodical inspections have been recently made, why you should not approach High Court to implement above directions of Supreme Court. Etc.

2) After giving above notice, wait for 60 days for response. If no response comes, consult a lawyer about chances of filing a PIL in High Court

Details of Case :- Wp (civil) No. 681 of 2004 Judgement date 22.10.13 Justice K. S. Radhakrishnanan and Justice Dipak Misra.

Judgement can be found on official website of www.supremecourtofindia.nic.in


Haresh Raichura
1069



SC: Direction to make rules regarding transfer of IAS officers

On 3.10.2013, Supreme Court gave following direction:-

"We, therefore, direct all the State Governments and Union Territories to issue directions like Rule 3(3) of the All India Services (Conduct) Rules, 1968, in their respective State and Union Territories which will be carried out within three months from today."

Case reference : T.S,R. Subramanian v UOI, W.P (Civil) No. 234 of 2011 Judgement date 31.10.13 Justice K,S. Radhakrishnanan and Justice Pinakin Chandra Ghose

Haresh Raichura
1067



One Risk of Live in Relationship

If live in relationship breaks, wife files cases of cheating with promise to marry and/or rape etc.

One risk is, that the court may not grant anticipatory bail in such cases.

There is no law that no anticipatory bail can be given.

But normally, courts do not grant anticipatory bail.

The cases can be different if.. If..

there are documents to show that

1) There was no promise of marriage

2) There was no promise to continue in live in relationship forever

3) There was no kind of cheating

4) Liabilities for children were well defined.

But at present, these law are in flux. The laws are evolving. It cannot be predicted how court will act in such cases.

Haresh Raichura
1066



Some meanings of Yoga for Lawyers

If Yoga means, to control posture of body and to focus mind on one point, then the Yoga may mean some of the following for lawyers:-

1) Court Yoga : To sit in cour

2) Performance Yoga : To conduct cases in court.

3) Chamber Yoga : To attend work in chamber.

4) JanaYoga : To meet with people.

5) Book Yoga : To spend times with books.

6) DhanYoga : To attend money related tasks.


Haresh Raichura
1065


Why Judges THINK clearly - some pointers

1) First, judges have no time to think idly. One by one, cases are piled up before them. Their job is to pick one by one and decide them. They have to decide them correctly otherwise higher court turns up their decision. They are in a sort of mental gym of thinking.

2) When they read newspaper, or when they get time to watch TV, they look at them blankly... they do not take anything in their mind. Over years they have learned that in news media and TV something else may be. Facts may be totally different when case opens before them. So they look at newspaper and TV skeptically without taking it in.

3) They are taught, trained, not to judge anything without hearing the other side. So when they are hearing one sides case, they usually keep their mind open.

4) When a lawyer presents a case to them, he usually does it systematically. Like BBAC formula.

Means, Background, Body of case, Argument and Conclusion. This form of listening sharpens thinking power of every listener.

5) A man thinks more correctly, when there is a reference library in his mind, where he can cross check what he is hearing. An experienced judge, usually has a library in his mind.

6) They have "Stop Thinking Clock" in their mind. For some hours everyday, they can stop thinking.

How can one train oneself to think like a Judge?

First, we should decide not to judge anyone without hearing other side.
This can start reforming our thinking method a lot.

Haresh Raichura
1064




God must be a Mother - one who created forms.

Whoever created this Universe, must be a Mother. The Mother creates and gives shape and form.

If it is so, then Mother must be loving her creation. The creator loves his or her every creation. Every mother loves her creation.

Mother is watching her creation day and night. Even if her creation does not look at her, she keeps protecting her children.

Someone must be mother of these Seven Billion human beings on Earth. She must be looking after these all human beings!

This mother could be the same mother for you and me. In that way, you and me could be related.

I now look at you differently. I no more think of you as my rival or enemy. I look upon you as someone who is related with me through my mother.


Haresh Raichura
1063


January 9, 2014

Prevented a 498A case before it started

It happened few weeks ago.

Husband and his father came for advice.

Wife had left on her own four month ago. She did not like the set up.  She now wanted Divorce + 20 Lakh Rs.

If her demand not was met, she threatened to file cases 498A.

I advised them following:-

1) Husband should sent a polite email to wife. (later, copy of this email can be shown to court if wife files cases)

2) Husband said that he had audio recorded some talks with his mother in law and some relatives of wife. He said, these talks strengthens his case.

I asked him to prepare a transcript of audio recording. Transcript means, to type out actual talks transpired in recorded data. Any one can do such transcript. Transcript should reflect true words spoken.

At bail stage, court can refuse to hear audio recording, but transcript of audio recording can certainly be filed with bail application if any case is filed. It is then for judge to decide to take transcript into consideration or not. 

3) Asked husband to Make preparations to file a counter case. Counter case means, there are circumstances and laws under which a Husband is also given rights to file some cases.

If wife files case, next day, then husband should also file case against wife in such a way that the Judge has to hear both cases jointly.

4) After preparing this much, husband should convey a message to wife through some mediator about the above preparations which are made.

After giving this advice to them, I forgot about their case.

Then two days ago, husband and his father came and informed me that wife has conveyed to them that she does not wish to file case but she only wishes to solve dispute and differences peacefully through mediation of family well wishers.

Well, it seems their problem got solved. At least it looks so at present. 

In most cases, husband family and wife family do not tell whole truth to lawyers and judges. 

They say something else and do something else. They keep changing their stand. Therefore sometimes, such disputes prolong.

Haresh Raichura
1062