There is no right answer to above question. The Courts presume that all laws are Constitutional until declared unconstitutional by any competent court.
Some laws may look unconstitutional on face of it. But courts are bound to enforce such law until it is declared unconstitutional.
To declare a law unconstitutional is a lengthy procedure. However unconstitutional a law may look, there are rare precedents of interim stay of such provisions.
When any law is challenged as unconstitutional, a power battle erupts between judiciary on one hand and Executive and Legislature on other side.
The Legislature says that they are Supreme power to pass any law which they wish.
The Judiciary says that it has power to set aside any law if it does not confirm to first principles of Constitution.
The debate around any particular provision, takes years and years to settle. In the meantime, public at large suffers.
Supply follows Demand.
So first there should be a demand from people for a speedy mechanism to examine constitutional validity of any law whenever it is challenged. Such cases affect masses and ought to be given top priority hearing in Supreme Court and High Courts.
Haresh Raichura
1227
February 28, 2014
February 27, 2014
"Kindly adjourn this case so that my client can die in the meantime" - Counsel argued
Such things happen in life of every lawyers.
It happens more with lawyers in Supreme Court.
Some five years ago, son of a man came.
His father was convicted for ONE YEAR jail for taking bribe of about Rs.1000/-.
He was dismissed from job. Case went on in trial court for some years.
Then his appeal remain for some years in High Court.
High Court dismissed his appeal.
Now his son had come to Supreme Court for filing appeal on behalf of his father.
The father was now seriously suffering from Parkinson disease.
He could not even stand on his leg without support. He had acute diabetes. Capacity of his lungs has reduced. Breathing problems. Perhaps, the Gods had punished him more than the courts.
We filed appeal with request for exemption from surrendering in jail due to medical health problems.
Judge granted exemption. He was now not required to surrender till hearing of appeal was over.
Thereafter, whenever case came for hearing, I fell sick. Case was adjourned.
So it went on. Years rolled by. One day it came up before a strict judge.
He had read previous orders of adjournments.
When the matter was called up, the judge looked at file and frowned, "This case has been adjourned many times. What is the point?"
I said,"The point is, my client is almost on death bed. I have been seeking adjournments time to time in hope that I may not have to argue this case..... "
I left sentence incomplete. But the Judges and everyone in Court got the point.
The two judges discusses merits of case between them and then they granted leave on some other law point. The short cause case became long cause case. It went into list of Final Hearing matters.
After few years, the case came up for hearing in long cause case list.
I inquired and found that my client had died.
Nothing further was required to be done in appeal except to file death certificate.
It happens more with lawyers in Supreme Court.
Some five years ago, son of a man came.
His father was convicted for ONE YEAR jail for taking bribe of about Rs.1000/-.
He was dismissed from job. Case went on in trial court for some years.
Then his appeal remain for some years in High Court.
High Court dismissed his appeal.
Now his son had come to Supreme Court for filing appeal on behalf of his father.
The father was now seriously suffering from Parkinson disease.
He could not even stand on his leg without support. He had acute diabetes. Capacity of his lungs has reduced. Breathing problems. Perhaps, the Gods had punished him more than the courts.
We filed appeal with request for exemption from surrendering in jail due to medical health problems.
Judge granted exemption. He was now not required to surrender till hearing of appeal was over.
Thereafter, whenever case came for hearing, I fell sick. Case was adjourned.
So it went on. Years rolled by. One day it came up before a strict judge.
He had read previous orders of adjournments.
When the matter was called up, the judge looked at file and frowned, "This case has been adjourned many times. What is the point?"
I said,"The point is, my client is almost on death bed. I have been seeking adjournments time to time in hope that I may not have to argue this case..... "
I left sentence incomplete. But the Judges and everyone in Court got the point.
The two judges discusses merits of case between them and then they granted leave on some other law point. The short cause case became long cause case. It went into list of Final Hearing matters.
After few years, the case came up for hearing in long cause case list.
I inquired and found that my client had died.
Nothing further was required to be done in appeal except to file death certificate.
The law of Prevention of Corruption is a little tyrannical. It does not give power to let off small bribe cases with suitable fine
Haresh Raichura
1226
Haresh Raichura
1226
February 26, 2014
Some Laws give 7.5% interest, some courts give 9% interest to people. Banks charge 18%. Anomaly #India #Law
Laws in India are not updated time to time.
Some laws still grant only 6% interest on amount decreed by courts. These laws are there since 1960.
To families of Victims of accident, there is no stability.
Recently I saw a judgement where trial court gave 9%,interest. High Court reduced it to 7.5%. No reasoning.
As a lawyers, how do we explain this to our clients? How do we strengthen their faith in our system?
Haresh Raichura
1225
Some laws still grant only 6% interest on amount decreed by courts. These laws are there since 1960.
To families of Victims of accident, there is no stability.
Recently I saw a judgement where trial court gave 9%,interest. High Court reduced it to 7.5%. No reasoning.
As a lawyers, how do we explain this to our clients? How do we strengthen their faith in our system?
Haresh Raichura
1225
February 24, 2014
A suggestion to Courts, to dispose off large number of criminal cases where punishment of FINE permissible..
Cases punishable with fine can be uploaded on website.
The case number and name of party should indicate that the the offence will be treated as closed if party is willing to pay such and such fine.
If party is willing to pay fine and wishes to close and get overt with case, all he or she needs to do is to press some more clicks and.... The amount will go from his credit card and will be transferred to Bank of the Court, and the case will be shown closed on website.
The case number and name of party should indicate that the the offence will be treated as closed if party is willing to pay such and such fine.
If party is willing to pay fine and wishes to close and get overt with case, all he or she needs to do is to press some more clicks and.... The amount will go from his credit card and will be transferred to Bank of the Court, and the case will be shown closed on website.
In cases where case cannot be closed without consent of complainant or court, the case then can be listed in court to pass further orders.
Party may get copy of order and receipt of fine by post.
Haresh Raichura
2023
Party may get copy of order and receipt of fine by post.
Haresh Raichura
2023
February 23, 2014
Do we misuse and waste our muscles by wrong posture? 1890 - Alexander Technique studies this
There is lot of material on Google about Alexander Technique.
Basically, it focuses on our postures.
Basically, it focuses on our postures.
Alexander had some throat problem. He had difficulty in speaking. He found that incorrect posture was the cause of his problem. He researched further.
Do we stand up in right posture when we stand up?
Do we sit in right posture when we sit?
What are the right postures for a human being while performing various tasks?
Are we wasting our energy by not knowing about correct posture.
This science developed in 1890 lives on. It may get improved over years.
Because, it is true that our postures are not correct most of the times.
And we are not taught much about this in schools.
Haresh Raichura
1222
Do we stand up in right posture when we stand up?
Do we sit in right posture when we sit?
What are the right postures for a human being while performing various tasks?
Are we wasting our energy by not knowing about correct posture.
This science developed in 1890 lives on. It may get improved over years.
Because, it is true that our postures are not correct most of the times.
And we are not taught much about this in schools.
Haresh Raichura
1222
And we know so little of everything !
Whichever branch of knowledge we may know, we know too little.
Mostly we compare what we know with what we think others know. If we think that others know little, we think that we know more.
It takes time to realise that each drop of knowledge is as big as a Universe and we know too little of anything.
Our pride of our knowledge is always misplaced.
Haresh Raichura
1221
Mostly we compare what we know with what we think others know. If we think that others know little, we think that we know more.
It takes time to realise that each drop of knowledge is as big as a Universe and we know too little of anything.
Our pride of our knowledge is always misplaced.
Haresh Raichura
1221
February 22, 2014
Murders in Jhuggies of Poorest of poor - Drunk conditions - they deserve lesser punishments
The poorest of poor live in hell like Jhuggies. Many of them return drunk late at night in their Jhuggies .
Some brawls daily takes place. Someone in some jhuggi daily gets murdered in such drunkard brawls.
The poor-drunk finds himself next day in police lock up.
Then he finds himself charged with murder.
Then he finds that court has appointed a legal aid lawyer to fight his case.
Then he finds that he is convicted under 302 and is sent to life Imprisionment.
After 3 or 4 years, he wakes up again and thinks about filing appeal in High Court.
Then he finds that he has no money to engage lawyer to file appeal.
Sad stories.
A person who is drunk is carried away. He cannot have any sober intention to murder as required under 302.
Most of such cases fall under 304 part II and deserve less than 10 years jail.
The cases of such drunk-poor, should be judged with ground realities in mind.
Haresh Raichura
1220
Some brawls daily takes place. Someone in some jhuggi daily gets murdered in such drunkard brawls.
The poor-drunk finds himself next day in police lock up.
Then he finds himself charged with murder.
Then he finds that court has appointed a legal aid lawyer to fight his case.
Then he finds that he is convicted under 302 and is sent to life Imprisionment.
After 3 or 4 years, he wakes up again and thinks about filing appeal in High Court.
Then he finds that he has no money to engage lawyer to file appeal.
Sad stories.
A person who is drunk is carried away. He cannot have any sober intention to murder as required under 302.
Most of such cases fall under 304 part II and deserve less than 10 years jail.
The cases of such drunk-poor, should be judged with ground realities in mind.
Haresh Raichura
1220
Italian Marines Case : Much Ado About Nothing.. Small issue blown out of proportion
It happens in legal world all over world.
Legal issue may be very small and trival. But if some VIP has got entangled, it it has an angle in media, if it has capacity to invoke raw curiosity of masses, everything is blow out of proportion.
V. V. I. P. Lawyers enter in the picture. Things get even more complicated and are more blown out of proportion. The presence of a VVIP lawyer itself becomes a problem rather than solution.
Sanity is lost temporarily.
Such appears in the case of Italian Marines.
What has actually happened in this case?
I have no idea. I have not read facts and lengthy legal arguments.
From Helicopter View of Case, it appears that some mariners were on booze.
They shouted and tried to frighten off some fisher men.
Fishermen dared them. Some mariner showed a pistol to them.
This did not frighten fisherman. So bullets flew in air. A fisherman died.
This does not seem to be a case of intentional and premeditated murder.
So application of 302 or life Imprisionment or death, etc etc does not arise at all.
If no VIP were involved, it was a case of 304 part II. Accused could be let off with less than 10 years or only with fine.
But here, a VIP angle was given, media rushed to make out an international news. Tensions were flared up between two nations. Prides of both nations were invoked.
And then came a blunder. Someone tried to settle crime, not knowing that it was not permissible in law in India.
This complicated the whole issue.
VVIP lawyers were engaged. This complicated issue even more.
But then, thank God, at the end of the day sanity prevailed.
There is nothing in the case.... As per my view which is always subject to correction.
Haresh Raichura
1219
Legal issue may be very small and trival. But if some VIP has got entangled, it it has an angle in media, if it has capacity to invoke raw curiosity of masses, everything is blow out of proportion.
V. V. I. P. Lawyers enter in the picture. Things get even more complicated and are more blown out of proportion. The presence of a VVIP lawyer itself becomes a problem rather than solution.
Sanity is lost temporarily.
Such appears in the case of Italian Marines.
What has actually happened in this case?
I have no idea. I have not read facts and lengthy legal arguments.
From Helicopter View of Case, it appears that some mariners were on booze.
They shouted and tried to frighten off some fisher men.
Fishermen dared them. Some mariner showed a pistol to them.
This did not frighten fisherman. So bullets flew in air. A fisherman died.
This does not seem to be a case of intentional and premeditated murder.
So application of 302 or life Imprisionment or death, etc etc does not arise at all.
If no VIP were involved, it was a case of 304 part II. Accused could be let off with less than 10 years or only with fine.
But here, a VIP angle was given, media rushed to make out an international news. Tensions were flared up between two nations. Prides of both nations were invoked.
And then came a blunder. Someone tried to settle crime, not knowing that it was not permissible in law in India.
This complicated the whole issue.
VVIP lawyers were engaged. This complicated issue even more.
But then, thank God, at the end of the day sanity prevailed.
There is nothing in the case.... As per my view which is always subject to correction.
Haresh Raichura
1219
February 21, 2014
Reason is the torch light to find our path in a jungle.
The whole judicial system is based on reasons. The laws are based on reasons.
Science of reasons is yet not perfect.
We both may be doing same thing. But our reasons may be different.
If we are asked to justify our action, we try to give reasons.
People will believe you more easily if you give them reasons.
Haresh Raichura
1218
Science of reasons is yet not perfect.
We both may be doing same thing. But our reasons may be different.
If we are asked to justify our action, we try to give reasons.
People will believe you more easily if you give them reasons.
Haresh Raichura
1218
GIGO principle about what you read and write on internet, twitter, Facebook, Blog, LinkedIn
The GIGO principles have millions and millions of applications in life situations.
The Rule says, "Garbage In, Garbage It."
Now think about what you read on internet, twitter and Facebook.
These are rolls of information. Good, Bad and Ugly, all information keep pouring in.
We now and then read these. Some thoughts come to our mind as original reactions to what we have just read.
We write or share them on twitter, Facebook, blog or LinkedIn or elsewhere.
This is our output.
The quality of input effects quality of our output.
Look upon river this information as a river full of mud, boulders, rocks. Steer your boat through them towards cleaner water.
Avoid opinions. So far as possible, focus on source. If you trust the source or author from information is coming, you may get good and reliable info.
Haresh Raichura
1217
The Rule says, "Garbage In, Garbage It."
Now think about what you read on internet, twitter and Facebook.
These are rolls of information. Good, Bad and Ugly, all information keep pouring in.
We now and then read these. Some thoughts come to our mind as original reactions to what we have just read.
We write or share them on twitter, Facebook, blog or LinkedIn or elsewhere.
This is our output.
The quality of input effects quality of our output.
Look upon river this information as a river full of mud, boulders, rocks. Steer your boat through them towards cleaner water.
Avoid opinions. So far as possible, focus on source. If you trust the source or author from information is coming, you may get good and reliable info.
Haresh Raichura
1217
February 20, 2014
Lot of time of SC and HC Judges is lost charts of cases in group appeals are not prepared by counsels
Lot of time of SC and HC Judges is lost charts of cases in group appeals are not prepared by counsels
The cost on public exchequer of every minute send by judges is very high.
The valuable time is often lost in sorting out categories of group cases listed togather.
100 appeals may have been place together for hearing in SC or SC. Law point may be same.
During hearing, much time of judges is wasted in identifying different categories in which these cases can be divided.
Registry staff cannot do it on his own. Once an attempt was made. SC judges directed registry staff to prepare charts in group matters and suggested lawyers to help registry. But idea did not work.
The judges need genuine help of lawyers to prepar these categories.
Lawyers have their own excuses for not being able to do so.
There may be hundred appeals represented by 15 lawyers.
In this group I may have only 10 cases. So I will prepare category of only my 10 cases. Other lawyers will prepare chart of their cases only.
But none of these charts may help judges.
What possibly may help judges is :
To appoint an Amicus Curie in All group matters where many lawyers are appearing, where facts are required to be classified in some charts.
Haresh Raichura
1216
The cost on public exchequer of every minute send by judges is very high.
The valuable time is often lost in sorting out categories of group cases listed togather.
100 appeals may have been place together for hearing in SC or SC. Law point may be same.
During hearing, much time of judges is wasted in identifying different categories in which these cases can be divided.
Registry staff cannot do it on his own. Once an attempt was made. SC judges directed registry staff to prepare charts in group matters and suggested lawyers to help registry. But idea did not work.
The judges need genuine help of lawyers to prepar these categories.
Lawyers have their own excuses for not being able to do so.
There may be hundred appeals represented by 15 lawyers.
In this group I may have only 10 cases. So I will prepare category of only my 10 cases. Other lawyers will prepare chart of their cases only.
But none of these charts may help judges.
What possibly may help judges is :
To appoint an Amicus Curie in All group matters where many lawyers are appearing, where facts are required to be classified in some charts.
Haresh Raichura
1216
If someone forced you to sign something under pressure or undue influence, there is a legal way out #Knowhow
Sometimes our boss, our doctor, our lawyer or some big family members or some big political boss prevail over us and ask us to transfer some property to them at a low price or gift it them.
We are under their obligation. We cannot say no. We sign it. Reluctantly. They walk away with papers signed by us. They get papers registered and forget about us.
Later we regret it. We feel sorry. We curse ourself why we signed in the first place. We see no way out to come out from these signed papers.
Here, courts can help you. You just need to knock at doors of your nearest court.
The judge will invoke a principle called "Undue Influence". The Judge can cancel all such signed or even registered documents.
Suppose, they have taken your blank signatures on their paper and they are keeping this papers in their locker to keep control over you in future.
Then Judge can cancel even such blank and signed papers lying in their lockers. The judges have great powers. Respect them. They can help you out even if you may have been in a blackmailers trap.
You need to 1) First yourself learn about this law, 2) Then you should avail benefit of advice of some lawyer. 3) Third, you should always remember, God helps those who help themselves.
For more details read case of Raghunath Prasad v Saruja Prasad reported AIR 1924 PC 60 which now recently referred by Justice Khehar in case of Pratima Chowdhry. You can always search more on web.
Haresh Raichura
1215
We are under their obligation. We cannot say no. We sign it. Reluctantly. They walk away with papers signed by us. They get papers registered and forget about us.
Later we regret it. We feel sorry. We curse ourself why we signed in the first place. We see no way out to come out from these signed papers.
Here, courts can help you. You just need to knock at doors of your nearest court.
The judge will invoke a principle called "Undue Influence". The Judge can cancel all such signed or even registered documents.
Suppose, they have taken your blank signatures on their paper and they are keeping this papers in their locker to keep control over you in future.
Then Judge can cancel even such blank and signed papers lying in their lockers. The judges have great powers. Respect them. They can help you out even if you may have been in a blackmailers trap.
You need to 1) First yourself learn about this law, 2) Then you should avail benefit of advice of some lawyer. 3) Third, you should always remember, God helps those who help themselves.
For more details read case of Raghunath Prasad v Saruja Prasad reported AIR 1924 PC 60 which now recently referred by Justice Khehar in case of Pratima Chowdhry. You can always search more on web.
Haresh Raichura
1215
In India, how much a lawyer can charge fees per hour of his work on case of his client?
No specific laws or rules are visible in this area in India. Everything is left to unhealthy market laws.
In some countries, a District Judge decides rates at which a lawyer can charge fees to his client.
If fees asked are excessive, the judge can strike it down. If fees paid are too little, the judge can enhance fees.
For lawyers with special or higher experience, the judge can fix higher rate per hour.
In specially high stake cases, he can approve higher fees after hearing parties and after looking at precedents.
The arbitrariness is less.
Haresh Raichura
1214
In some countries, a District Judge decides rates at which a lawyer can charge fees to his client.
If fees asked are excessive, the judge can strike it down. If fees paid are too little, the judge can enhance fees.
For lawyers with special or higher experience, the judge can fix higher rate per hour.
In specially high stake cases, he can approve higher fees after hearing parties and after looking at precedents.
The arbitrariness is less.
Haresh Raichura
1214
February 19, 2014
Once upon a time in Gujarat High Court - Salted Chana, Chilies, Onions & Fridays
Those were great days. People did rush to make money. But they also used to strengthen brotherhood and fun related aspects of life.
In those days, there was a tradition in Gujarat High Court Bar.
On every Friday, a week's hectic work gets over by 1 PM. All lawyers begin to relax.
Many cases good cases were lost. But many cases were won also. Some clients didn't pay fee. But some clients paid more than decided fees.
Overall week was good.
Just then, staff of High Court Bar Association will start serving a free dish of salted chana, sprinkled with green chilli pieces and onion slices to all lawyers who may be sitting in Bar Room.
The smell of dishes were fresh and refreshing.
Here all, rich lawyers and poor lawyers, all were treated equally.
They all shared dishes.
A feeling of brotherhood was infused in all members of bar within seconds.
All felt nice. Some wanted more extra dishes. They were given freely. No qualms.
All felt good. I also used feel good when I was there in Gujarat High Court.
Who started this tradition? Who was paying for these free dishes? I never asked these questions. I never knew.
When did this tradition stopped in Gujarat High Court, I do not know.
I only have sweet memories of these days.
Now I am in Supreme Court Bar Association. Richest advocates of India are practising here.
But here I see no sign of brotherhood and fun.
We daily receive SMS from Supreme Court Bar Association about death of some member and timing of his cremation.
But this does not infuse a sense of brotherhood in me.
I do not feel that I am connected in someway with other members of Bar.
Each one of us here, lives on his own island.
Times have changed. Rich lawyers have their own agenda. They hardly have any interesting in infusing a sense of brotherhood in members of Supreme Court Bar Association.
Life is like that.
Haresh Raichura
1213
In those days, there was a tradition in Gujarat High Court Bar.
On every Friday, a week's hectic work gets over by 1 PM. All lawyers begin to relax.
Many cases good cases were lost. But many cases were won also. Some clients didn't pay fee. But some clients paid more than decided fees.
Overall week was good.
Just then, staff of High Court Bar Association will start serving a free dish of salted chana, sprinkled with green chilli pieces and onion slices to all lawyers who may be sitting in Bar Room.
The smell of dishes were fresh and refreshing.
Here all, rich lawyers and poor lawyers, all were treated equally.
They all shared dishes.
A feeling of brotherhood was infused in all members of bar within seconds.
All felt nice. Some wanted more extra dishes. They were given freely. No qualms.
All felt good. I also used feel good when I was there in Gujarat High Court.
Who started this tradition? Who was paying for these free dishes? I never asked these questions. I never knew.
When did this tradition stopped in Gujarat High Court, I do not know.
I only have sweet memories of these days.
Now I am in Supreme Court Bar Association. Richest advocates of India are practising here.
But here I see no sign of brotherhood and fun.
We daily receive SMS from Supreme Court Bar Association about death of some member and timing of his cremation.
But this does not infuse a sense of brotherhood in me.
I do not feel that I am connected in someway with other members of Bar.
Each one of us here, lives on his own island.
Times have changed. Rich lawyers have their own agenda. They hardly have any interesting in infusing a sense of brotherhood in members of Supreme Court Bar Association.
Life is like that.
Haresh Raichura
1213
Someone told me, above tradition is still there I am not sure
February 18, 2014
"In SC, first thing you should learn is, how to read Supplementary List"- said a senior advocate
Learned this lesson from late senior advocate, Justice B.K.Mehta.
The causes lists in Supreme Courts have many stages. There is Advance List, Weekly List, Daily List, Elimination list etc.
Each stage serves some purpose.
The most complicated is the supplementary list, which is published at eleventh hour.
Suppose you have some cases tomorrow in Supreme Court.
To know when your which case will reach in which court, you have to make assessment on basis of serial numbers in daily list.
You may plan that in some court you may not reach in first round and you will have to reach there in second round only. You accordingly decide your order of arguing cases.
But all plans goes haywire the moment you see the Supplementary list. There will be some addition of new matters in some court. This will change timing of second round matters.
In those days, if one judge had to go on sudden leave, courtroom numbers of all subsequent courts used get changed and reduced by one.
We used to see lawyers running from one court to another courts at 10:30 due to this sudden change which they may not have seen in supplementary list.
Judgements to be pronounced are notified only supplementary list.
So we do not check supplementary list we can miss important.
Haresh Raichura
1212
The causes lists in Supreme Courts have many stages. There is Advance List, Weekly List, Daily List, Elimination list etc.
Each stage serves some purpose.
The most complicated is the supplementary list, which is published at eleventh hour.
Suppose you have some cases tomorrow in Supreme Court.
To know when your which case will reach in which court, you have to make assessment on basis of serial numbers in daily list.
You may plan that in some court you may not reach in first round and you will have to reach there in second round only. You accordingly decide your order of arguing cases.
But all plans goes haywire the moment you see the Supplementary list. There will be some addition of new matters in some court. This will change timing of second round matters.
In those days, if one judge had to go on sudden leave, courtroom numbers of all subsequent courts used get changed and reduced by one.
We used to see lawyers running from one court to another courts at 10:30 due to this sudden change which they may not have seen in supplementary list.
Judgements to be pronounced are notified only supplementary list.
So we do not check supplementary list we can miss important.
Haresh Raichura
1212
It is all about how we look and react with our fellow human beings
Philosophers say we all are one.
But within each of us there is an "I and only I" cell.
This "I" cell looks upon the whole world as "Not Me".
From childhood, this "I" within us looks at the world.. Collects data.. Interprets images.. And stores conclusions.."
Then on basis of these collected conclusions, it automatically reacts with the outer world.
So basically, it is all about how we look at our fellow human beings and how we react to them. Our reactions spring form conclusions collected in past.
Haresh Raichura
1211
But within each of us there is an "I and only I" cell.
This "I" cell looks upon the whole world as "Not Me".
From childhood, this "I" within us looks at the world.. Collects data.. Interprets images.. And stores conclusions.."
Then on basis of these collected conclusions, it automatically reacts with the outer world.
So basically, it is all about how we look at our fellow human beings and how we react to them. Our reactions spring form conclusions collected in past.
Haresh Raichura
1211
High traditions of Judiciary and high standards of Legal Profession
This is a dark night.
But there are twinkling stars in the sky.
These stars make the whole night sky beautiful.
Same is about High Traditions of Judiciary and High Standards of Legal Profession.
The night is dark.
But now and then we see some lawyers or some judges glittering is dark sky.
They set new standards of high tradition and high standards of Judiciary and Legal Profession.
They are few. But they make the night sky beautiful.
Haresh Raichura
1210
But there are twinkling stars in the sky.
These stars make the whole night sky beautiful.
Same is about High Traditions of Judiciary and High Standards of Legal Profession.
The night is dark.
But now and then we see some lawyers or some judges glittering is dark sky.
They set new standards of high tradition and high standards of Judiciary and Legal Profession.
They are few. But they make the night sky beautiful.
Haresh Raichura
1210
February 17, 2014
A stoic prayer to Universe - Lead us to ultimate common good
Stoic Philosophy is stated to be as old as about 300 B.C.
As I have understood with my limited knowledge, according to believers of this philosophy:-
A) The Universe is the God. All popular God images and beliefs regarding Gods, lead us to Universe God.
B) The spirit of this Universe God, manifests and moves through material world also.
C) Ultimate aim of all our speculations, calculations, actions etc is to move towards natural law.
D) Natural law means, irresistible truth, consisting of Physics Laws, Logic Laws and Ethical Value laws.
E) The Ultimate Natural law is common good of all.
Haresh Raichura
1209
As I have understood with my limited knowledge, according to believers of this philosophy:-
A) The Universe is the God. All popular God images and beliefs regarding Gods, lead us to Universe God.
B) The spirit of this Universe God, manifests and moves through material world also.
C) Ultimate aim of all our speculations, calculations, actions etc is to move towards natural law.
D) Natural law means, irresistible truth, consisting of Physics Laws, Logic Laws and Ethical Value laws.
E) The Ultimate Natural law is common good of all.
Haresh Raichura
1209
February 16, 2014
#Knowhow ThinkLikeALawyer (3) Try to see supporting evidence in that statement.
A man says : That day I had gone to see a movie.
This statement need to be supported by some other evidence.
If the man says : That day I had gone to see movie with Mr. X.
Here, the statements contains name Mr. X.
If Mr. X comes in court and supports this man and says, yes, that day I had gone to movie with this man, this is a supporting evidence.
The point is :
When you read some statement made by someone, you should also look within that statement, if it mentions about any evidence to support.
Haresh Raichura
1208
This statement need to be supported by some other evidence.
If the man says : That day I had gone to see movie with Mr. X.
Here, the statements contains name Mr. X.
If Mr. X comes in court and supports this man and says, yes, that day I had gone to movie with this man, this is a supporting evidence.
The point is :
When you read some statement made by someone, you should also look within that statement, if it mentions about any evidence to support.
Haresh Raichura
1208
February 15, 2014
.A Senior Advocate said, the Gujarati People are the best businessman across the world
Original discussion was about NAMO's ability to govern the government.
Issue got sidestepped when one Senior Advocate said that as per his observations, the Gujarati people are best businessman across the world. They know how to make their way through toughest competitions in world.
He was supported by many others on the table.
They cited their own examples in support of their claim.
I listened silently. Since I was also a Gujarati, it was improper for me to say anything.
It is good that Gujarati people have such a good image.
In 1990, when I looked for rented premises, landlords were not willing to let house to a lawyer. But when I said, I am Gujarati, they welcomed immediately.
One reason for such image may be that Gujarati people know that there are hidden costs involved in frivolous arguments and quarrels for asserting one's rights.
On the other hand, living harmoniously, without causing unnecessary frictions, makes it easy for others to give us cooperation.
Haresh Raichura
1207
Issue got sidestepped when one Senior Advocate said that as per his observations, the Gujarati people are best businessman across the world. They know how to make their way through toughest competitions in world.
He was supported by many others on the table.
They cited their own examples in support of their claim.
I listened silently. Since I was also a Gujarati, it was improper for me to say anything.
It is good that Gujarati people have such a good image.
In 1990, when I looked for rented premises, landlords were not willing to let house to a lawyer. But when I said, I am Gujarati, they welcomed immediately.
One reason for such image may be that Gujarati people know that there are hidden costs involved in frivolous arguments and quarrels for asserting one's rights.
On the other hand, living harmoniously, without causing unnecessary frictions, makes it easy for others to give us cooperation.
Haresh Raichura
1207
Gandhiji was a lone warrior. Few can join you in battles for truth
The crowds of millions followed Gandhiji.
But inside him, he was a lone warrior. His compass were Truth, Non Violence and Will of God,
He kept talking with an inside corner of his soul from where he sought directions in moments of confusion.
Psychologists of his time studied him. They described this process as Auto Suggestion.
I think psychologist still know litter about that secret corner of our soul from where some immortal voice speaks to us and guides us in our most troubled times.
The message from life of Gandhiji is simple. If inner compass of your soul points out these three things : 1) Truth 2) Non violence in your thoughts and actions 3) Submission to Will of God, then you are on right path.
Then chaos in outside world will not trouble.
Against the advice of whole world, you can stay calm and firm on your path of action.
The checklist of three tests mentioned above, releases a great soul force from within you.
You have to try this before believing in what I have said above.
Haresh Raichura
1206 (15/2/13)
But inside him, he was a lone warrior. His compass were Truth, Non Violence and Will of God,
He kept talking with an inside corner of his soul from where he sought directions in moments of confusion.
Psychologists of his time studied him. They described this process as Auto Suggestion.
I think psychologist still know litter about that secret corner of our soul from where some immortal voice speaks to us and guides us in our most troubled times.
The message from life of Gandhiji is simple. If inner compass of your soul points out these three things : 1) Truth 2) Non violence in your thoughts and actions 3) Submission to Will of God, then you are on right path.
Then chaos in outside world will not trouble.
Against the advice of whole world, you can stay calm and firm on your path of action.
The checklist of three tests mentioned above, releases a great soul force from within you.
You have to try this before believing in what I have said above.
Haresh Raichura
1206 (15/2/13)
February 14, 2014
No Courts have power to discuss what happens in "Legislative Assembly" or in "House of Parliaments"-> Know about Theory of Separation
Indian Constitution divides power in three wings.
First wing is Legislative Wing. (Which makes Law)
Second wing is Executive Wing (Which carries out orders in name of Government)
Third Wing is Judiciary. (The Courts of the Land).
None of the three wings are allowed to interfere in functioning of one another.
1) What happens inside a Legislature cannot be discussed or decide in any court. The House is Supreme Power relating conduct of its business in house. But, the Legislative House will not discuss anything about conduct of Judiciary in its house. The only exception is during impeachment of a Judge proceedings.
2) The Judiciary has no power to say how Legislature House should function. It cannot discuss in court about propriety or impropriety of something going in House. It has however to power to set aside any law made by house. Some limited powers are with judiciary to see that Speaker of House works with natural justice and provisions of constitution.
3) Executive can pass its orders as per law. No MP or MLA has any legal power to order a secretary or a Collector to take any decision in favour or against any party. But catch here is, if he does not act as per wishes of MP or MLA, he gets transferred.
This is called "Theory of Separation of Power" in brief.
Haresh Raichura
1205
First wing is Legislative Wing. (Which makes Law)
Second wing is Executive Wing (Which carries out orders in name of Government)
Third Wing is Judiciary. (The Courts of the Land).
None of the three wings are allowed to interfere in functioning of one another.
1) What happens inside a Legislature cannot be discussed or decide in any court. The House is Supreme Power relating conduct of its business in house. But, the Legislative House will not discuss anything about conduct of Judiciary in its house. The only exception is during impeachment of a Judge proceedings.
2) The Judiciary has no power to say how Legislature House should function. It cannot discuss in court about propriety or impropriety of something going in House. It has however to power to set aside any law made by house. Some limited powers are with judiciary to see that Speaker of House works with natural justice and provisions of constitution.
3) Executive can pass its orders as per law. No MP or MLA has any legal power to order a secretary or a Collector to take any decision in favour or against any party. But catch here is, if he does not act as per wishes of MP or MLA, he gets transferred.
This is called "Theory of Separation of Power" in brief.
Haresh Raichura
1205
"You may be alive today, but show me proof that you were alive last year also?" Bank asked a retired HC Judge
UYes. This story is told by a retired judge who went to collect his pension dues from a Bank.
There are Pension Rules. Every November, millions of retired government servants are required to visit their Bank and file a Declaration that they are still living and they are not dead.
After this form is filled up, Bank will presume that the retired servant is going to live till next November. And so bank will continue to keep crediting pension in his account every month.
Yes these are the rules. However stupid these rules may look to you. Every year in November so much man power is wasted in creating files to show that beneficiary of a pension is still alive.
This happened with the Judge also. For three years such declaration was not filed for some reason.
When he went to bank to sort out difficulties in getting released his pension, his banker told him,
"I have no problem in releasing your pension for this year. But how can I release your pension for earlier two years, unless you bring me some proof that you were alive in these two years."
Well this is the story. Rest you can imagine.
Haresh Raichura
1204
(I don't know what rules in other countries. In this digital era, some better methods can be adopted)
There are Pension Rules. Every November, millions of retired government servants are required to visit their Bank and file a Declaration that they are still living and they are not dead.
After this form is filled up, Bank will presume that the retired servant is going to live till next November. And so bank will continue to keep crediting pension in his account every month.
Yes these are the rules. However stupid these rules may look to you. Every year in November so much man power is wasted in creating files to show that beneficiary of a pension is still alive.
This happened with the Judge also. For three years such declaration was not filed for some reason.
When he went to bank to sort out difficulties in getting released his pension, his banker told him,
"I have no problem in releasing your pension for this year. But how can I release your pension for earlier two years, unless you bring me some proof that you were alive in these two years."
Well this is the story. Rest you can imagine.
Haresh Raichura
1204
(I don't know what rules in other countries. In this digital era, some better methods can be adopted)
SC: How does it help wife to insist that all her in-laws to remain present in Criminal Court on every dates?
SC Judge said painfully , "498A has become a weapon of oppression to implicate an entire family. Not only all relatives of husband but his distant relatives living elsewhere are also dragged into such cases. It is possible that husband, mother in law and father in law could have tortured. But net of law is not so wide that you can drag into it even distant relatives of husband."
The case was strange.
Wife had filed cases against against all her in laws. 498A, Dowery Act etc.
The husband and in-laws rushed to High Court for relief.
They said that the complaint by wife is wholly false and entire case of wife should be cancelled.
On the very first date of hearing, the High Court dismissed their case by saying, that until evidence is taken in court, the complaint cannot be thrown out. However, High Court granted relief to them that they will not have to appear in criminal court on every date because there is no dispute about their identity.</b>
The wife was displeased with relief granted to her husband and in laws by High Court.
Wife challenged this order of High Court in Supreme Court, on the ground that High Court could not have granted any relief to Husband's relatives without first issuing notice to her and giving her opportunity of hearing.
The case came up before two judges of Supreme Court.
Presiding judge asked, "How does it help wife to drag her in laws in criminal court on every date of hearing?"
The wife had engaged an expensive senior advocate in Supreme Court. He kept arguing at length.
But the more judges heard the argument, the more it was evident that it was an ego issue.
Supreme Court dismissed case of wife.
(Since there is no detailed judgement, you may not get copy of this judgement. Please note that observations made by judges during course of hearing of any case are not judgements and cannot be cited as judgements in court below. But reasoning expressed by them can be argued in other cases also in any court. The judge hearing that case has freedom to give his own judgement on these arguments, if made before them.)
Haresh Raichura
1203 (Dated 14/2/13 11.40 am)
The case was strange.
Wife had filed cases against against all her in laws. 498A, Dowery Act etc.
The husband and in-laws rushed to High Court for relief.
They said that the complaint by wife is wholly false and entire case of wife should be cancelled.
On the very first date of hearing, the High Court dismissed their case by saying, that until evidence is taken in court, the complaint cannot be thrown out. However, High Court granted relief to them that they will not have to appear in criminal court on every date because there is no dispute about their identity.</b>
The wife was displeased with relief granted to her husband and in laws by High Court.
Wife challenged this order of High Court in Supreme Court, on the ground that High Court could not have granted any relief to Husband's relatives without first issuing notice to her and giving her opportunity of hearing.
The case came up before two judges of Supreme Court.
Presiding judge asked, "How does it help wife to drag her in laws in criminal court on every date of hearing?"
The wife had engaged an expensive senior advocate in Supreme Court. He kept arguing at length.
But the more judges heard the argument, the more it was evident that it was an ego issue.
Supreme Court dismissed case of wife.
(Since there is no detailed judgement, you may not get copy of this judgement. Please note that observations made by judges during course of hearing of any case are not judgements and cannot be cited as judgements in court below. But reasoning expressed by them can be argued in other cases also in any court. The judge hearing that case has freedom to give his own judgement on these arguments, if made before them.)
Haresh Raichura
1203 (Dated 14/2/13 11.40 am)
#Knowhow Think Like A Lawyer(2) Learn to divide a section - An Example Analysis
Suppose, there is legal section like following:-
"Whoever shall cause voluntarily grievous hurt to another shall be punishable with Imprisionment upto six months or fine up to Rs. 500/- or with both"
Now, break down this section into smaller parts like this;-
1) Whoever
2) shall cause
3) voluntarily
4) grievous hurt
5) to another
6) shall be punishable
7) with Imprisionment
8) upto six months
9) or
10) fine up to Rs. 500/-
11) Or with both
Now write meaning of this each parts against it in your own words. And there, you will be thinking like lawyer.
1) Whoever : means a person. It does not mean an animal. If a dog has hurt someone, no case is made under this section. Word "Person" is defined elsewhere in law, as man, woman or a company or firm.
2) Shall cause : it means, if this person hurts you by causing some one to hurt you, he will be still liable.
3) Voluntarily :- It means, of someone accidentally hurts you, no case under this provision of law.
4) Grievous Hurt: it means if Simple hurt is inflicted, no offence. Now what is grievous hurt and what is simple hurt? This must have been explained in other provisions. Look up those provisions also.
5) To another :- It means if a person has inflicted injury to his own self, no case in this section.
6) Shall be punishable :- These words are very clear. You can understand without much analysis. Many lines in legal provisions are simple.
7) With Imprisionment : means jail.
8) up to 6 months: Means Jail can be maximum up to 6 months. But the judge can also give less than 6 months jail.
9) or : It means, it is not necessary that Judge must send accused to jail. The Judge is given some option if he does not want to jail accused.
10) Fine up to Rs. 500/- : Means the judge can refuse to order jail, but then he must impose fine instead of jail, but this fine shall not be more than Rs.500/-. If he thinks fit he can fine only Rs.1/- also.
11) Or with both:- If judge thinks fit he can order Jail and fine both, but within limits prescribed above..
Haresh Raichura
1202
"Whoever shall cause voluntarily grievous hurt to another shall be punishable with Imprisionment upto six months or fine up to Rs. 500/- or with both"
Now, break down this section into smaller parts like this;-
1) Whoever
2) shall cause
3) voluntarily
4) grievous hurt
5) to another
6) shall be punishable
7) with Imprisionment
8) upto six months
9) or
10) fine up to Rs. 500/-
11) Or with both
Now write meaning of this each parts against it in your own words. And there, you will be thinking like lawyer.
1) Whoever : means a person. It does not mean an animal. If a dog has hurt someone, no case is made under this section. Word "Person" is defined elsewhere in law, as man, woman or a company or firm.
2) Shall cause : it means, if this person hurts you by causing some one to hurt you, he will be still liable.
3) Voluntarily :- It means, of someone accidentally hurts you, no case under this provision of law.
4) Grievous Hurt: it means if Simple hurt is inflicted, no offence. Now what is grievous hurt and what is simple hurt? This must have been explained in other provisions. Look up those provisions also.
5) To another :- It means if a person has inflicted injury to his own self, no case in this section.
6) Shall be punishable :- These words are very clear. You can understand without much analysis. Many lines in legal provisions are simple.
7) With Imprisionment : means jail.
8) up to 6 months: Means Jail can be maximum up to 6 months. But the judge can also give less than 6 months jail.
9) or : It means, it is not necessary that Judge must send accused to jail. The Judge is given some option if he does not want to jail accused.
10) Fine up to Rs. 500/- : Means the judge can refuse to order jail, but then he must impose fine instead of jail, but this fine shall not be more than Rs.500/-. If he thinks fit he can fine only Rs.1/- also.
11) Or with both:- If judge thinks fit he can order Jail and fine both, but within limits prescribed above..
Haresh Raichura
1202
February 13, 2014
Supreme Court and High Courts can act faster if Summons Service to Govt body is allowed through Email
After a case is accepted by Court, summons or notices with copy of case filed are required to be served to opposite parties.
Some times cases keep lying in court because summons are sent but not received back.
Today, almost all Govt Departments have Emails.
The summons can be served in 24 hours by email.
After case is accepted, a lawyer need to sent copy of petition to Registry by Email. Registry can then FOWARD emails to concerned respondents with "Email - Read - Report - back".
So Registry will have record to show when email was sent and when it was opened.
Perhaps, these can speed up hearings.
Haresh Raichura
1202
Some times cases keep lying in court because summons are sent but not received back.
Today, almost all Govt Departments have Emails.
The summons can be served in 24 hours by email.
After case is accepted, a lawyer need to sent copy of petition to Registry by Email. Registry can then FOWARD emails to concerned respondents with "Email - Read - Report - back".
So Registry will have record to show when email was sent and when it was opened.
Perhaps, these can speed up hearings.
Haresh Raichura
1202
9 Reasons : New IrBM Law is likely to push youth into age of "No Marriage-Live-in-for-fun" relations
1) if I were in a young and in unmarried age group, I would be very very scared to marry under this new law.
2) Almost all relationship laws in India are so so drafted that they can be easily abused. No clear guidelines. No clear definitions.
3) You cannot ask courts to strike down such laws because ithey are likely to be abused or misused.
Because, courts will say, possible abuse or misuse is no ground to strike down a law. Courts and you, both are helpless here against tyrannical laws.
4) When Supreme Court had asked Govt to pass some new law to a) Add irrepairable breakdown of marriage as ground of divorce b) And to reduce waiting period for divorce under mutual consent, if legislature goes beyond these directions and brings out an entirely a new law, repealing all other grounds of divorces also, under guise of Supreme Court judgements, is usurping judicial orders.
In the proposed law, earlier all grounds of divorces are overruled by laying down "No Money - No Divorce- Even on any other grounds"
And what a man has to pay to get divorce on any ground?
2) Almost all relationship laws in India are so so drafted that they can be easily abused. No clear guidelines. No clear definitions.
3) You cannot ask courts to strike down such laws because ithey are likely to be abused or misused.
Because, courts will say, possible abuse or misuse is no ground to strike down a law. Courts and you, both are helpless here against tyrannical laws.
4) When Supreme Court had asked Govt to pass some new law to a) Add irrepairable breakdown of marriage as ground of divorce b) And to reduce waiting period for divorce under mutual consent, if legislature goes beyond these directions and brings out an entirely a new law, repealing all other grounds of divorces also, under guise of Supreme Court judgements, is usurping judicial orders.
In the proposed law, earlier all grounds of divorces are overruled by laying down "No Money - No Divorce- Even on any other grounds"
And what a man has to pay to get divorce on any ground?
A share in his inherited properties plus something from his 'heritable in future' properties of his relatives.
How much share? ? ?
Law is silent. Some judge may grant 20% share and some judge may grant 80% share. For next 20 years, parties will keep fighting upto Supreme Court to argue whether the amount is just or proper. Imagine the agony of parties because of vagueness in law.
5) And If Husband has no property?
No problem. A charge or attachment on his heritable properties will be created - in other words properties of relatives of husband could be put under a siege until husband pays up.
6) The people live on perceptions.
The wide and vague language of proposed law is bound to frighten youth.
They will start looking for options.
First option is to convert to some other religion and to go to a religion where divorce is easy.
Second option is, start living as "Live-in-Relationship" without any marriage. Then provisions of IrBM law may not apply.
The choice is between two most unpleasant options.
How much share? ? ?
Law is silent. Some judge may grant 20% share and some judge may grant 80% share. For next 20 years, parties will keep fighting upto Supreme Court to argue whether the amount is just or proper. Imagine the agony of parties because of vagueness in law.
5) And If Husband has no property?
No problem. A charge or attachment on his heritable properties will be created - in other words properties of relatives of husband could be put under a siege until husband pays up.
6) The people live on perceptions.
The wide and vague language of proposed law is bound to frighten youth.
They will start looking for options.
First option is to convert to some other religion and to go to a religion where divorce is easy.
Second option is, start living as "Live-in-Relationship" without any marriage. Then provisions of IrBM law may not apply.
The choice is between two most unpleasant options.
The Insitution of marriage is likely to break down. Probably no one has thought about long term damages of this proposed law.
7) When husband is put under so much vulnerable position in new marriage law, once a dispute arises, no question of compromise. Wife's lawyers will focus on property of husband, his heritable properties and how to get maximum share for wife. The family litigation will convert into property litigation.
8) Sad. No voice so far heard from so called jurists and legal luminaries on what is in this law. Probably, they will study it when it is challenged in court.
9) If you are a youth in a marriageable age, I can only offer my sympathy to you.
Haresh Raichura
1201
7) When husband is put under so much vulnerable position in new marriage law, once a dispute arises, no question of compromise. Wife's lawyers will focus on property of husband, his heritable properties and how to get maximum share for wife. The family litigation will convert into property litigation.
8) Sad. No voice so far heard from so called jurists and legal luminaries on what is in this law. Probably, they will study it when it is challenged in court.
9) If you are a youth in a marriageable age, I can only offer my sympathy to you.
I can only hope that Legislative Wisdom has considered long term effacts of law.
Haresh Raichura
1201
February 12, 2014
The Whole Universe is helping me in all possible ways. A belief.
This has been said by many philosophers and saints in many many ways.
Many of them must have true-to-self experiences.
We see a mountain obstructing our path. And then we see that it is gone!
Our path becomes clear.
We experience a miracle.
This is truth for those who have experienced it.
It is a fallacy in thinking for those who do not believe in miracles.
There is no way to prove or to disprove it.
I say only this much. Those are blessed who have experienced such miracles.
I bow to such blessed persons wherever they may be.
Haresh Raichura
1200
Many of them must have true-to-self experiences.
We see a mountain obstructing our path. And then we see that it is gone!
Our path becomes clear.
We experience a miracle.
This is truth for those who have experienced it.
It is a fallacy in thinking for those who do not believe in miracles.
There is no way to prove or to disprove it.
I say only this much. Those are blessed who have experienced such miracles.
I bow to such blessed persons wherever they may be.
Haresh Raichura
1200
Comparing yourself with Napoleon Bonaparte is great :- SC Judge complimented
I am narrating this story without naming actual persons. Because everyone does not approve name dropping without their consent.
A matter of a great national importance was being argued before a Constitutional Bench of five judges in Supreme Court.
As it so happened, height of arguing senior advocate was about 5' feet. The senior advocate opposing was about 6' feet plus. The contrast in heights was obvious.
The arguing counsel made a submission with a little more politeness than necessary.
Judges checked him,"Please do not underestimate yourself. We regard you with high esteem."
Then other judge added smilingly and wittily,"We do not judge you by your size."
"Regarding that I am helpless. There is a status quo order regarding my height," the senior advocate replied with matching wit.
Then a moment later, he added, " I can only compare myself with Napoleon Bonaparte regarding my height."
The whole court burst into laughter. The presiding judge appreciated and said that, that is really a great thing to say.
Moral of Story
A lawyer should never underestimate himself.
Haresh Raichura
1199
A matter of a great national importance was being argued before a Constitutional Bench of five judges in Supreme Court.
As it so happened, height of arguing senior advocate was about 5' feet. The senior advocate opposing was about 6' feet plus. The contrast in heights was obvious.
The arguing counsel made a submission with a little more politeness than necessary.
Judges checked him,"Please do not underestimate yourself. We regard you with high esteem."
Then other judge added smilingly and wittily,"We do not judge you by your size."
"Regarding that I am helpless. There is a status quo order regarding my height," the senior advocate replied with matching wit.
Then a moment later, he added, " I can only compare myself with Napoleon Bonaparte regarding my height."
The whole court burst into laughter. The presiding judge appreciated and said that, that is really a great thing to say.
Moral of Story
A lawyer should never underestimate himself.
Haresh Raichura
1199
Truth Liberates from all Kinds of Fears
Have you ever tried Truth as an antidote of fear and anxieties?
Gandhiji tried this many a times.
Sometimes he was left cuddled in doubts. But most of the time his faith in truth was strengthened.
Fear is basically, certain predictions, calculations based on our past knowledge and experience. It varies with our knowledge.
Truth is, on the other hand, irrespective of what we think or calculate.
Truth stands on its own.
It may not be possible for the Truth and the Fear to coexist.
The thoughts I have expressed are abstract thoughts.
One need to apply them to find out how far Truth truly works as an antidote to fear and anxiety.
Haresh Raichura
1197
Gandhiji tried this many a times.
Sometimes he was left cuddled in doubts. But most of the time his faith in truth was strengthened.
Fear is basically, certain predictions, calculations based on our past knowledge and experience. It varies with our knowledge.
Truth is, on the other hand, irrespective of what we think or calculate.
Truth stands on its own.
It may not be possible for the Truth and the Fear to coexist.
The thoughts I have expressed are abstract thoughts.
One need to apply them to find out how far Truth truly works as an antidote to fear and anxiety.
Haresh Raichura
1197
February 11, 2014
In small towns, it helps a lawyer to daily visit a temple in morning and in evening.
When I was practising advocate in a small district, I saw a peculiar habit in one leading lawyer of Bar.
Everyday morning at 7am, he will visit a local temple of Lord Krishna.
In evening, after returning from court, at 5 PM daily, he will visit the same temple and thereafter only he will start his office,
I also noticed that most of his clients were regular visitors of this temple.
It helps to visit temples regularly for lawyers in small towns.
Haresh Raichura
1198
Everyday morning at 7am, he will visit a local temple of Lord Krishna.
In evening, after returning from court, at 5 PM daily, he will visit the same temple and thereafter only he will start his office,
I also noticed that most of his clients were regular visitors of this temple.
It helps to visit temples regularly for lawyers in small towns.
Haresh Raichura
1198
Thank God.. That all judges were once lawyers
Perfections cannot be expected from lawyer. In India job of a lawyer involves multiple tasks.
A system of Para-Legals to support lawyers is yet not systematically developed in India. More and more para Legals needs to be given licenses to assist lawyers.
Lawyer's job is basically 1) To collect information from his client about his case 2) To collect evidences to support claim of client 3) And to present these evidences in logical form before court.
But in between these three steps there are a thousand procedural steps to be carried out.
One mistake in one of these thousand steps, can upturn case of a lawyer. Even burden of serving process of summons on other side is placed on a lawyer!
The perfection in lawyer's task is nearly impossible.
When judge opens case of lawyer, he can notice several lapses. But he ignores these lapses and focuses on doing Justice to parties.
Because, the Judge too was once a lawyer. He has experiences of difficulties which lay in path of a lawyer.
Haresh Raichura
1195
A system of Para-Legals to support lawyers is yet not systematically developed in India. More and more para Legals needs to be given licenses to assist lawyers.
Lawyer's job is basically 1) To collect information from his client about his case 2) To collect evidences to support claim of client 3) And to present these evidences in logical form before court.
But in between these three steps there are a thousand procedural steps to be carried out.
One mistake in one of these thousand steps, can upturn case of a lawyer. Even burden of serving process of summons on other side is placed on a lawyer!
The perfection in lawyer's task is nearly impossible.
When judge opens case of lawyer, he can notice several lapses. But he ignores these lapses and focuses on doing Justice to parties.
Because, the Judge too was once a lawyer. He has experiences of difficulties which lay in path of a lawyer.
Haresh Raichura
1195
February 10, 2014
Fundamental Rights of Beggars
There is as yet no final pronouncement by any Court on Fundamental Rights of beggars.
Their rights are bound to be a little different than rights of other citizen.
Some of these rights can be as under:-
1) Right to a place for sleeping at night. It can be on a footpath or under a flyover.
2) They sit near some temple or some religious place and beg for alms from visitors of a temple or any other religious place. Some place should be earmarked near religious places for them to sit and beg.
3) Whether they have right to beg at road crossings in big cities or not, is a debatable issue.
4) Housing Societies guarded with iron gates, usually put a sign board saying no "No entry for beggars".
The area where they can ask for fundamental rights appear to be limited to point 1 and 2 above.
Reality Check
The fact that the beggars live and they are in considerable numbers, cannot be denied.
They cannot be wished away.
They must have some rights in addition to normal fundamental rights of citizens.
Haresh Raichura
1194
Their rights are bound to be a little different than rights of other citizen.
Some of these rights can be as under:-
1) Right to a place for sleeping at night. It can be on a footpath or under a flyover.
2) They sit near some temple or some religious place and beg for alms from visitors of a temple or any other religious place. Some place should be earmarked near religious places for them to sit and beg.
3) Whether they have right to beg at road crossings in big cities or not, is a debatable issue.
4) Housing Societies guarded with iron gates, usually put a sign board saying no "No entry for beggars".
The area where they can ask for fundamental rights appear to be limited to point 1 and 2 above.
Reality Check
The fact that the beggars live and they are in considerable numbers, cannot be denied.
They cannot be wished away.
They must have some rights in addition to normal fundamental rights of citizens.
Haresh Raichura
1194
Power of a Cubicle in Supreme Court Bar Library
In Supreme Court Bar Library, in one section, small cubicles of partitions are made. There is a chair in each cubicle and a desk to read papers.
On both sides of chair there are partitions. So that lawyers can read in these cubicle without being distracted.
Years ago, a lawyer used to come in Supreme Court at 9 AM. He would go straight in cubicle with his bag full of files and will start reading.
Presently he is a Judge in Supreme Court.
Moral of the story
Law requires reading. Some lawyers may not have spacious office or reading place at home.
In every Bar Library in every court, some isolated place is reserved for lawyers who want to read in library.
Reading at home is one thing. Reading in cubicles of library for lawyers, is quite another thing.
Here, you are surrounded by thousands of law books while you may be reading.
An each law book may be looking at you while you may be reading!
Haresh Raichura
1193
On both sides of chair there are partitions. So that lawyers can read in these cubicle without being distracted.
Years ago, a lawyer used to come in Supreme Court at 9 AM. He would go straight in cubicle with his bag full of files and will start reading.
Presently he is a Judge in Supreme Court.
Moral of the story
Law requires reading. Some lawyers may not have spacious office or reading place at home.
In every Bar Library in every court, some isolated place is reserved for lawyers who want to read in library.
Reading at home is one thing. Reading in cubicles of library for lawyers, is quite another thing.
Here, you are surrounded by thousands of law books while you may be reading.
An each law book may be looking at you while you may be reading!
Haresh Raichura
1193
Success story of a Canteen boy in a High Court
His story describes "Power of Serving and Power of Seeking Cooperation".
You have to invest by serving. Then you are entitled to seek cooperation. Once you get cooperation, many doors of opportunity open up for you.
This boy was a canteen boy in Delhi High Court. His job was simply to take orders from lawyers and to serve them well.
This is not an easy job. During 1pm to 2pm, in court recess lawyers run into canteen.
They want to be served fast. Because they have again a case at 2.00pm in court.
The lawyers are tense. There are too many lawyers at this peak time.
Too little waiters. The chaos is daily.
Well, this boy did his job well. Lawyers were happy with his skills of serving them fast and promptly.
They were pleased with him.
Here came the chance of canteen boy to seek cooperation from lawyers to fulfil his personal ambitions.
Some lawyers are very influential. Their one word of recommendation is enough.
The boy saw some opportunity. He requested one lawyer to recommend his name. He got a catering contract.
Today, he is one of top caterers of Delhi and he owns a chain of banquet halls in Delhi.
His principles seems to be 1) Invest in people by serving them with good hospitality, and then 2) Seek their cooperation for your own requirements.
Haresh Raichura
1191
You have to invest by serving. Then you are entitled to seek cooperation. Once you get cooperation, many doors of opportunity open up for you.
This boy was a canteen boy in Delhi High Court. His job was simply to take orders from lawyers and to serve them well.
This is not an easy job. During 1pm to 2pm, in court recess lawyers run into canteen.
They want to be served fast. Because they have again a case at 2.00pm in court.
The lawyers are tense. There are too many lawyers at this peak time.
Too little waiters. The chaos is daily.
Well, this boy did his job well. Lawyers were happy with his skills of serving them fast and promptly.
They were pleased with him.
Here came the chance of canteen boy to seek cooperation from lawyers to fulfil his personal ambitions.
Some lawyers are very influential. Their one word of recommendation is enough.
The boy saw some opportunity. He requested one lawyer to recommend his name. He got a catering contract.
Today, he is one of top caterers of Delhi and he owns a chain of banquet halls in Delhi.
His principles seems to be 1) Invest in people by serving them with good hospitality, and then 2) Seek their cooperation for your own requirements.
Haresh Raichura
1191
Remember old "Glass Timer" when you are overwhelmed with too many tasks reaching deadlines
The old glass timers were made of two glass bulbs joined with each other, with a small passage between.
From this passage only one grain of sand can pass at one time.
Upper glass bulb was packed with small grains of slippery sand.
The bulbs were kept one on one in such a way that grains of sand from upper glass bulb begins to fall into lower empty glass bulb.
Since sand grains could pass only one at a time, it used to take time before all sand grains can enter in lower bulb.
In this way time was measured.
In the same way suppose you are overwhelmed with tasks to do, the best way to do it is to do it one at a time.
Here, neither deadlines nor priorities are seen.
The sand grain which is nearest to passage, passes first in the lower empty bulb.
A doctor once said, humans are not made for multitasking.
Another psychiatrist said if we develop habit of focusing on one task at a time, it affects our ability to do multitasks.
Hindus have depicted Gods and Goddesses having 4 to 1000 hands. They must be able to do many many tasks at same time.
But for many of us, the Glass Timer method is the best.
Just as one grain of sand passes at one time, we can do only one thing at a time. No priority, no dead lines.
The task which is nearest to our hands, must be finished first and should be passed over to empty side of glass bulb.
Haresh Raichura
1192
From this passage only one grain of sand can pass at one time.
Upper glass bulb was packed with small grains of slippery sand.
The bulbs were kept one on one in such a way that grains of sand from upper glass bulb begins to fall into lower empty glass bulb.
Since sand grains could pass only one at a time, it used to take time before all sand grains can enter in lower bulb.
In this way time was measured.
In the same way suppose you are overwhelmed with tasks to do, the best way to do it is to do it one at a time.
Here, neither deadlines nor priorities are seen.
The sand grain which is nearest to passage, passes first in the lower empty bulb.
A doctor once said, humans are not made for multitasking.
Another psychiatrist said if we develop habit of focusing on one task at a time, it affects our ability to do multitasks.
Hindus have depicted Gods and Goddesses having 4 to 1000 hands. They must be able to do many many tasks at same time.
But for many of us, the Glass Timer method is the best.
Just as one grain of sand passes at one time, we can do only one thing at a time. No priority, no dead lines.
The task which is nearest to our hands, must be finished first and should be passed over to empty side of glass bulb.
Haresh Raichura
1192
February 9, 2014
Earth begins to dry, when King starts thinking about imposing tax on happy people- Gujarati Poem
The King was in plain dress. He was checking how people were living in his state.
He stopped at farm of a farmer who was taking out juice from sugarcanes.
Farmer offered a glass of juice to King.
The King tasted it. It was very sweet.
He started thinking about levying tax on sugarcane.
He asked for another glass of sugarcane juice. The farmer gave another glass.
The King drank juice from the glass but he was surprised that the juice was no more sweet. It was tasteless.
He asked farmer, how juice become tasteless so suddenly.
Farmer looked at sky, thought for a second and said, "The King of this state must have become greedy. Otherwise there was no reason for the Earth to dry up its sweetness.
---
The poet of this poem was Kalapi. He was King of a small state called Lathi in Gujarat.
Haresh Raichura
1190
He stopped at farm of a farmer who was taking out juice from sugarcanes.
Farmer offered a glass of juice to King.
The King tasted it. It was very sweet.
He started thinking about levying tax on sugarcane.
He asked for another glass of sugarcane juice. The farmer gave another glass.
The King drank juice from the glass but he was surprised that the juice was no more sweet. It was tasteless.
He asked farmer, how juice become tasteless so suddenly.
Farmer looked at sky, thought for a second and said, "The King of this state must have become greedy. Otherwise there was no reason for the Earth to dry up its sweetness.
---
The poet of this poem was Kalapi. He was King of a small state called Lathi in Gujarat.
Haresh Raichura
1190
Climbing higher on ladder of power intoxicates, falls are devastating
Examine life of those who have rapidly climbed higher.
If they get swayed, their minds get inflated with sense of power.
When they fall, it is a fall from the sky. It is devastating.
Then on the other hand, we have seen people who believe in doing their duty as much as they can.
Then suddenly with grace of divine, they rise to the sky of glory of fame and power.
But their mind are always rooted in doing their duty. They consider all their fortune as divine grace.
If they have to fall, or if all fame and power is taken away from them, they can still stay calm and can smile. They say, that which had gone was never theirs in the first place.
Blessed are these souls who say that all their wealth, all their power, all their achievements belongs to God.
I bow to such souls wherever they are.
Haresh Raichura
1189
If they get swayed, their minds get inflated with sense of power.
When they fall, it is a fall from the sky. It is devastating.
Then on the other hand, we have seen people who believe in doing their duty as much as they can.
Then suddenly with grace of divine, they rise to the sky of glory of fame and power.
But their mind are always rooted in doing their duty. They consider all their fortune as divine grace.
If they have to fall, or if all fame and power is taken away from them, they can still stay calm and can smile. They say, that which had gone was never theirs in the first place.
Blessed are these souls who say that all their wealth, all their power, all their achievements belongs to God.
I bow to such souls wherever they are.
Haresh Raichura
1189
Power of unconscious mind :- Everyday night ask yourself what good you can do for your country and..
Power of unconscious mind :- Everyday night ask yourself what good you can do for your country and then go to sleep without replying the question.
When we are asleep, our unconscious or subconscious mind wakes up.
They try to solve our unsolved problems of previous day.
There are many stories which suggest that there is some truth in what is stated above.
But best thing is to try and find out.
Haresh Raichura
1188
When we are asleep, our unconscious or subconscious mind wakes up.
They try to solve our unsolved problems of previous day.
There are many stories which suggest that there is some truth in what is stated above.
But best thing is to try and find out.
Haresh Raichura
1188
February 8, 2014
"Stop blaming others"- so easy to say, so difficult do - An analysis
No dispute that we should stop blaming others.
I have seen top senior advocates iwho never blame anyone however big mess it may have become.
They do not blame judges. They do not blame their clerks. They do not blame their assisting team of advocates. They do not blame their parties or rivals.
The benefits that occurs to us by not blaming others are in many many ways..
But then, why some of us are unable to get rid of habit of blaming others?
Let me talk me about me.
1) My first and foremost obstacle is, I never know when I am blaming others. Since I am not aware that I am blaming others, I have little control on my habit of blaming others.
2) Our body likes to keep doing things which it likes or enjoys. I have noticed that 'Blaming others" is like eating a tasteful chat. It is tasty. I find it tasteful to talk about shortcomings, deficiencies of others.
This may be one reason why my mind and my body are refusing to stop blaming others.
Then, how do I get over these two obstacles which are blocking many of my potentials?
One answer:
I should strive to seek cooperation of everyone.
I like to talk ill about Mr. X. I like to blame Mr. Y for my failures.
But if I say like this :- I need to seek cooperation of Mr. X and Mr. Y. They can help me in many way.
, the moment I say this, my desire to blame them or to speak ill about them goes away.
Haresh Raichura
1187
I have seen top senior advocates iwho never blame anyone however big mess it may have become.
They do not blame judges. They do not blame their clerks. They do not blame their assisting team of advocates. They do not blame their parties or rivals.
The benefits that occurs to us by not blaming others are in many many ways..
But then, why some of us are unable to get rid of habit of blaming others?
Let me talk me about me.
1) My first and foremost obstacle is, I never know when I am blaming others. Since I am not aware that I am blaming others, I have little control on my habit of blaming others.
2) Our body likes to keep doing things which it likes or enjoys. I have noticed that 'Blaming others" is like eating a tasteful chat. It is tasty. I find it tasteful to talk about shortcomings, deficiencies of others.
This may be one reason why my mind and my body are refusing to stop blaming others.
Then, how do I get over these two obstacles which are blocking many of my potentials?
One answer:
I should strive to seek cooperation of everyone.
I like to talk ill about Mr. X. I like to blame Mr. Y for my failures.
But if I say like this :- I need to seek cooperation of Mr. X and Mr. Y. They can help me in many way.
, the moment I say this, my desire to blame them or to speak ill about them goes away.
Haresh Raichura
1187
"Thinking critically" or "Watching one's thought" is a great ability
Psychiatrists are clear on one point. Different chemicals in our brain rise and fall at different times of a day.
The changes in chemicals leads to changes in what we think, how we decide, what we buy etc.
We have thermometers to tell us when temperature in our body rises. But we have no meters as yet to know when and what chemical rises or falls in our brain.
Here, I am not sure. I am just indicating a possible way.
Suppose we ask ourselves, How do I feel at present? What am I thinking?
Some answers will come like these : Not bad, OK, Fine, Good, So So, etc. These answer could, I say possible could, be the indicators of chemical balance in our brain.
This is a suggestion. Some has to make a research and collect data to correlate such answers with levels of chemicals in our brain.
-----
Critical thinking is a step further. What am I thinking? Why I am thinking so? What should I think so that my mind reaches tranquility?
The answers to these questions, may, I say may, lead to better combinations of chemicals in our brain.
There was one great psychologists called Alfred Adler. He is my No.1 favourite psychologist.
He said just as several rooms and walls are built in our house, there are several rooms and walls built by cells in our brain. This building up activities goes on since our early childhood.
If we bring down such walls or beliefs, the house collapses. It is hard to remove a wall or a belief in mind and to replace it with a new wall or a better belief. Because all walls and beliefs are interconnected with many other walls and beliefs.
He said all these things of changing one's thoughts should be done slowly slowly and gently.
His psychology is known as Individual Psychology.
His methods are not commercially viable. Therefore, we do not easily find psychologists practising his methods. Because of commercialisation of science, we are deprived of a good life science.
Conclusion :-
The point is : If we ask ourselves frequently : How I am feeling at this moment? What am I thinking at this moment? Should I think in some better way?.... these type of thoughts may lead to significant changes in us.
Haresh Raichura
1185
The changes in chemicals leads to changes in what we think, how we decide, what we buy etc.
We have thermometers to tell us when temperature in our body rises. But we have no meters as yet to know when and what chemical rises or falls in our brain.
Here, I am not sure. I am just indicating a possible way.
Suppose we ask ourselves, How do I feel at present? What am I thinking?
Some answers will come like these : Not bad, OK, Fine, Good, So So, etc. These answer could, I say possible could, be the indicators of chemical balance in our brain.
This is a suggestion. Some has to make a research and collect data to correlate such answers with levels of chemicals in our brain.
-----
Critical thinking is a step further. What am I thinking? Why I am thinking so? What should I think so that my mind reaches tranquility?
The answers to these questions, may, I say may, lead to better combinations of chemicals in our brain.
There was one great psychologists called Alfred Adler. He is my No.1 favourite psychologist.
He said just as several rooms and walls are built in our house, there are several rooms and walls built by cells in our brain. This building up activities goes on since our early childhood.
If we bring down such walls or beliefs, the house collapses. It is hard to remove a wall or a belief in mind and to replace it with a new wall or a better belief. Because all walls and beliefs are interconnected with many other walls and beliefs.
He said all these things of changing one's thoughts should be done slowly slowly and gently.
His psychology is known as Individual Psychology.
His methods are not commercially viable. Therefore, we do not easily find psychologists practising his methods. Because of commercialisation of science, we are deprived of a good life science.
Conclusion :-
The point is : If we ask ourselves frequently : How I am feeling at this moment? What am I thinking at this moment? Should I think in some better way?.... these type of thoughts may lead to significant changes in us.
Haresh Raichura
1185
February 7, 2014
Do you know that "Rule of Law" is now considered a Fundamental Right by Supreme Court?
Basically, Right to live a life of dignity is a Fundamental Right.
But how can you live a life of dignity if there is no Rule of Law?
So Rule of Law is now also considered a fundamental right by Supreme Court.
What is Rule of Law?
Every game should have rules. And every game should be played as per rules.
This is Rule of Law explained in short.
If you see any game or any government transaction or governmental action being played without framing rules, yes, your Right to Rule of Law is violated.
Haresh Raichura
1184
But how can you live a life of dignity if there is no Rule of Law?
So Rule of Law is now also considered a fundamental right by Supreme Court.
What is Rule of Law?
Every game should have rules. And every game should be played as per rules.
This is Rule of Law explained in short.
If you see any game or any government transaction or governmental action being played without framing rules, yes, your Right to Rule of Law is violated.
Haresh Raichura
1184
Pictures of Fearlessness
Once I had seen a picture of fearlessness on cover of book.
There was a rock on a seashore.
A boy was standing with his hands folded, on this rock and was facing the sea. Sea was striking heavier and mightier waves at the rock. But neither the rock, not the boy were afraid of sea.
This was a picture of fearlessness.
Here is another picture.
A million soldiers may be marching towards you to finish you. And you stand against them with your hands folded. You face them. You dare them to try to destroy you. This is fearlessness.
Have you experienced such fearlessness anytime in past? You must have.
Haresh Raichura
1183
There was a rock on a seashore.
A boy was standing with his hands folded, on this rock and was facing the sea. Sea was striking heavier and mightier waves at the rock. But neither the rock, not the boy were afraid of sea.
This was a picture of fearlessness.
Here is another picture.
A million soldiers may be marching towards you to finish you. And you stand against them with your hands folded. You face them. You dare them to try to destroy you. This is fearlessness.
Have you experienced such fearlessness anytime in past? You must have.
Haresh Raichura
1183
Arguing Methods : Venugopal Method And Nambiar Method
Once I heard about these two methods from Senior Advocate M.N,Krishnamani in Supreme Court.
K K Venugopal is one of the top senior advocate of India. His father Nambiar was also a great advocate.
M. N. Krishnamani once in a meeting of few advocates, described difference in method of arguments of these two - father and son.
Nambiar will prepare a case for 15 days and he would argue his case for 15 minutes.
K. K. Venugopal will prepare a case for 15 minutes and then he can keep on arguing for 15 days.
Both methods of arguments are good and valid. One method is about brevity. About compressing tonnes of facts and law in a capsule form. Another method is about elaborating on a proposition of law. This requires lot of imagination. You have to contemplate large number of human situations where this proposition of law is going to be applied.
K K Venugopal is one of the top senior advocate of India. His father Nambiar was also a great advocate.
M. N. Krishnamani once in a meeting of few advocates, described difference in method of arguments of these two - father and son.
Nambiar will prepare a case for 15 days and he would argue his case for 15 minutes.
K. K. Venugopal will prepare a case for 15 minutes and then he can keep on arguing for 15 days.
Both methods of arguments are good and valid. One method is about brevity. About compressing tonnes of facts and law in a capsule form. Another method is about elaborating on a proposition of law. This requires lot of imagination. You have to contemplate large number of human situations where this proposition of law is going to be applied.
Both methods are valuable.
A lawyer can evolve his own method of arguing as per his own temperament and as per needs of his case.
Earlier advocates were independent. They liked to do all work by themselves.
Modern advocates are interdependent. They delegate many of their functions to their junior advocates, colleagues and staff. They like to have more free time.
One top advocate of Gujarat, namely I. M. Nanavati, was said to have a peculiar method.
After studying a case, he will sit alone in his chamber. He will turn on soft music in background and will relax completely.
After half an hour, he would have come up with a solution to crack even a toughest case.
This method has also its advantages.
Haresh Raichura
1182
A lawyer can evolve his own method of arguing as per his own temperament and as per needs of his case.
Earlier advocates were independent. They liked to do all work by themselves.
Modern advocates are interdependent. They delegate many of their functions to their junior advocates, colleagues and staff. They like to have more free time.
One top advocate of Gujarat, namely I. M. Nanavati, was said to have a peculiar method.
After studying a case, he will sit alone in his chamber. He will turn on soft music in background and will relax completely.
After half an hour, he would have come up with a solution to crack even a toughest case.
This method has also its advantages.
Haresh Raichura
1182
Quality of Arguments in Supreme Court of India
Once the former Supreme Court Judge, Justice Santosh Hegde said something like this during hearing of a case.
"You say that our judgements are not very good. But our judgements depend on what you argue before us. We decide your arguments. If arguments you make are of poor quality, our judgements will also be of poor quality." Then the Judge further explained "Garbage In - Garbage out" principle. If input is of poor quality, the output shall be of poor quality.
Now consider this in the light of what I overheard two days ago.
A senior advocate was discussing a case with his instructing advocate. He said smilingly, "Here, we are concerned only with money."
The sentence appeared to have double meaning. First meaning was, in that case to be argued, the only question was how much money was to be paid.
Second meaning of this sentence need not be spelled our here. It is not in good taste.
"You say that our judgements are not very good. But our judgements depend on what you argue before us. We decide your arguments. If arguments you make are of poor quality, our judgements will also be of poor quality." Then the Judge further explained "Garbage In - Garbage out" principle. If input is of poor quality, the output shall be of poor quality.
Now consider this in the light of what I overheard two days ago.
A senior advocate was discussing a case with his instructing advocate. He said smilingly, "Here, we are concerned only with money."
The sentence appeared to have double meaning. First meaning was, in that case to be argued, the only question was how much money was to be paid.
Second meaning of this sentence need not be spelled our here. It is not in good taste.
Short term goals of Senior Advocates appear to have eclipsed their long term goals of strengthening Supreme Court of India.
-----
In Supreme Court Bar, one old timer lawyer told me this story about former Supreme Court Judge Justice A.N.Ray (around 1955)
When some important judgement was to be given, some days before, he would ask his driver to drive him at some isolated place like a river or lake. There he would sit for few hours and think about the judgement which he would write and it's implication on future generation.
To read his judgements are refreshing, even after so many many years.
Haresh Raichura
1181
-----
In Supreme Court Bar, one old timer lawyer told me this story about former Supreme Court Judge Justice A.N.Ray (around 1955)
When some important judgement was to be given, some days before, he would ask his driver to drive him at some isolated place like a river or lake. There he would sit for few hours and think about the judgement which he would write and it's implication on future generation.
To read his judgements are refreshing, even after so many many years.
Haresh Raichura
1181
How great authors write their books- Two examples
I heard this story about a Gujarati author from his son.
Every morning, at 6 Am he will lock himself in an isolated room. There he may keep writing upto 2pm. During this time, none of his family members were supposed to disturb him or to knock at the door.
During his writing period, he would cut off himself from the outer world.
-----
I had read another story about a great English author.
He had a big house having several rooms.
He selected a small room at top floor. In the room there was no furniture. A board was fitted in wall. He can put his papers on this board and can write in standing position only.
The room was to be locked from outside by servant. Servant will open room only after 2 PM. Tea, food etc, will be served through a hole in the room.
While writing or standing, the author may get tired. He may want to sit or sleep or rest. But there was no furniture in room.
If he gets tired, he would have to sit or sleep on floor only. There was no escape from room as the room was locked from outside. The servant was instructed to open room only after 2pm.
-----
The underlining principles are 1) Isolation and 2) Discipline.
These are necessary to create great and original literature.
Moral of the story
With blessings of God, you may have good command on writing. You may be able to write nice articles and nice blogs.
But look at your writing again. You may feel perhaps that a soul missing in your writing. The life of most of your writing may be of few days, months or years.
Immortal writing are produced by those who cut off sizeable period of their time for outer world.
They have to enter into a trance. From this trance, they can write immortal pieces of literature.
Haresh Raichura
1180
Every morning, at 6 Am he will lock himself in an isolated room. There he may keep writing upto 2pm. During this time, none of his family members were supposed to disturb him or to knock at the door.
During his writing period, he would cut off himself from the outer world.
-----
I had read another story about a great English author.
He had a big house having several rooms.
He selected a small room at top floor. In the room there was no furniture. A board was fitted in wall. He can put his papers on this board and can write in standing position only.
The room was to be locked from outside by servant. Servant will open room only after 2 PM. Tea, food etc, will be served through a hole in the room.
While writing or standing, the author may get tired. He may want to sit or sleep or rest. But there was no furniture in room.
If he gets tired, he would have to sit or sleep on floor only. There was no escape from room as the room was locked from outside. The servant was instructed to open room only after 2pm.
-----
The underlining principles are 1) Isolation and 2) Discipline.
These are necessary to create great and original literature.
Moral of the story
With blessings of God, you may have good command on writing. You may be able to write nice articles and nice blogs.
But look at your writing again. You may feel perhaps that a soul missing in your writing. The life of most of your writing may be of few days, months or years.
Immortal writing are produced by those who cut off sizeable period of their time for outer world.
They have to enter into a trance. From this trance, they can write immortal pieces of literature.
Haresh Raichura
1180
Ancestors of CBI - 1943 War time officers selected to check corruption in then Delhi Govt
I overheard this during some arguments of some eminent lawyers in court.
In 1943, During war period, massive corruption might have been noticed by British Government in Delhi governmen.
A special unit and staff was constituted to check this corruption.
The unit worked for many years.
Thereafter a need was felt to make these staff may be made permanent under some statue.
Therefore Delhi Police Act was enacted and these officers were put under it and CBI formally came into existence.
If this is true, then it can be said that ancestors of CBI were army officers.
Haresh Raichura
1179
In 1943, During war period, massive corruption might have been noticed by British Government in Delhi governmen.
A special unit and staff was constituted to check this corruption.
The unit worked for many years.
Thereafter a need was felt to make these staff may be made permanent under some statue.
Therefore Delhi Police Act was enacted and these officers were put under it and CBI formally came into existence.
If this is true, then it can be said that ancestors of CBI were army officers.
Haresh Raichura
1179
February 6, 2014
Two secrets of top Legal Eagles - how they narrow down on cases of celebrities
The word "secret" here means something about which many may be unaware.
Many years ago, I had gone to bungalow of a Legal Eagle to brief him in a case.
I had reached two hours early than appointed time. So I sat in waiting room and watched his office.
His staff was working on several newspapers.
They were cutting clipping of cases on celebrities from six different English newspapers.
On being asked, they said, they have to prepare clipping files, later Sir, will read these.
Now it is a good exercise. Regarding one case, if you read its analysis in six news papers, it enhances your analytical power. You become more informed.
You can discuss about these cases in social circle more impressively more authentically.
From somewhere, the word reaches to celebrity that you are more informed about his case.
-----
Another Legal Eagle, I have seen, used more direct method.
He had about a dozen junior advocates whom he paid monthly salary.
The job of junior advocates was to leave for different district courts and High Courts and Supreme Court, wherever cases against celebrities may be going on.
In the evening, these junior advocates will return to Sir, and inform him about what was going on in these cases.
Obviously, he will be better informed in all cases of relating to celebrities.
Finest law points are argued in cases of celebrities. So he will know about latest and finest arguments going on in legal circles.
Obviously, they have edge over others in knowledge and information. They are rightly chosen by celebrity clients.
Haresh Raichura
1178
Many years ago, I had gone to bungalow of a Legal Eagle to brief him in a case.
I had reached two hours early than appointed time. So I sat in waiting room and watched his office.
His staff was working on several newspapers.
They were cutting clipping of cases on celebrities from six different English newspapers.
On being asked, they said, they have to prepare clipping files, later Sir, will read these.
Now it is a good exercise. Regarding one case, if you read its analysis in six news papers, it enhances your analytical power. You become more informed.
You can discuss about these cases in social circle more impressively more authentically.
From somewhere, the word reaches to celebrity that you are more informed about his case.
-----
Another Legal Eagle, I have seen, used more direct method.
He had about a dozen junior advocates whom he paid monthly salary.
The job of junior advocates was to leave for different district courts and High Courts and Supreme Court, wherever cases against celebrities may be going on.
In the evening, these junior advocates will return to Sir, and inform him about what was going on in these cases.
Obviously, he will be better informed in all cases of relating to celebrities.
Finest law points are argued in cases of celebrities. So he will know about latest and finest arguments going on in legal circles.
Obviously, they have edge over others in knowledge and information. They are rightly chosen by celebrity clients.
Haresh Raichura
1178
Do you keep a sharp pointed pencil on your desk? If you do, it tells a lot about your personality
There are people who focus on big things, and ignore small things.
There are people who focus on small things but ignore big things.
For professionals who work with papers, pencil is an important piece with which they work.
If the pencil on your desk is always having a sharp point, it may mean that you have a daily habit of sharpening tools you use.
Some Judges have often trained their staff to keep sharply pointed pencils on their desks. At 10 am daily, their staff is seen sharpening pencils.
Some Judges still use pencils of red colour at one end and blue colour at other hand.
Red marks relate to arguments of one side, blue side relates to arguments of other side.
A top senior advocate of India, uses pencil to give priority to his argument. Against weakest argument he will put a light dot with pencil. Against strongest argument, he will put a very dark spot with pencil.
Haresh Raichura
1177
There are people who focus on small things but ignore big things.
For professionals who work with papers, pencil is an important piece with which they work.
If the pencil on your desk is always having a sharp point, it may mean that you have a daily habit of sharpening tools you use.
Some Judges have often trained their staff to keep sharply pointed pencils on their desks. At 10 am daily, their staff is seen sharpening pencils.
Some Judges still use pencils of red colour at one end and blue colour at other hand.
Red marks relate to arguments of one side, blue side relates to arguments of other side.
A top senior advocate of India, uses pencil to give priority to his argument. Against weakest argument he will put a light dot with pencil. Against strongest argument, he will put a very dark spot with pencil.
Haresh Raichura
1177
February 5, 2014
By saying "RTs are not endorsements" you cannot escape legal consequences
When we retweet a tweet containing false or offending information, we are distributing false or offending information to our followers.
If we have written in our profile that "RTs are not endorsement", it does not protect against legal consequences of spreading false and offending information.
If Retweet is undone as soon realised its offending nature, it can be relevant to some extent.
The point is: We should take a little care.
Haresh Raichura
1176
If we have written in our profile that "RTs are not endorsement", it does not protect against legal consequences of spreading false and offending information.
If Retweet is undone as soon realised its offending nature, it can be relevant to some extent.
The point is: We should take a little care.
Haresh Raichura
1176
#Knowhow Think Like A Lawyer - Analysis of a sample provision
Suppose a legal section is like this :-
"No one shall construct in any house a room having more than four corners. An occupant who has constructed more than four corners in a room, shall be liable to be punished for 2 years in jail"
Now suppose police finds violation of this law and he files case.
Lawyer will defend his client in following way:
1) Sir, I am owner of this house, but I am not residing there. I am not occupant. This law does not apply to me. Case be dismissed.
Or
2) Sir, I am occupant and I do reside here, but I have not constructed this room. This law applies only to "Occupant who has constructed". Since, I have not constructed, this law does not apply to me, case be dismissed.
Or
3) Sir, my room has only 3 corners. The law applies only to the rooms having more than 4 corners only. This law does not apply to me. So case be dismissed.
Or
4) Sir, the law applies only to "rooms constructed in a house". It does not apply to a "Garage constructed in a house". This is a garage in a house. So the law does not apply to me, so case be dismissed.
Or
5) Sir, this room is not constructed in a house. It is constructed in a Farmhouse. This law does not apply to farmhouses, so case be dismissed.
Or
6) On and on... Many arguments.
MORAL OF STORY
Read any provision of law repeated from various angles. You may see light.
Haresh Raichura
1175
"No one shall construct in any house a room having more than four corners. An occupant who has constructed more than four corners in a room, shall be liable to be punished for 2 years in jail"
Now suppose police finds violation of this law and he files case.
Lawyer will defend his client in following way:
1) Sir, I am owner of this house, but I am not residing there. I am not occupant. This law does not apply to me. Case be dismissed.
Or
2) Sir, I am occupant and I do reside here, but I have not constructed this room. This law applies only to "Occupant who has constructed". Since, I have not constructed, this law does not apply to me, case be dismissed.
Or
3) Sir, my room has only 3 corners. The law applies only to the rooms having more than 4 corners only. This law does not apply to me. So case be dismissed.
Or
4) Sir, the law applies only to "rooms constructed in a house". It does not apply to a "Garage constructed in a house". This is a garage in a house. So the law does not apply to me, so case be dismissed.
Or
5) Sir, this room is not constructed in a house. It is constructed in a Farmhouse. This law does not apply to farmhouses, so case be dismissed.
Or
6) On and on... Many arguments.
MORAL OF STORY
Read any provision of law repeated from various angles. You may see light.
Haresh Raichura
1175
Choices : This road is better or that road is better?
Sometimes our choices are as limited and as simple as to choose this road or that road.
If we do not make a choice, by default we start moving on one of these roads.
We do not have enough informations on where these roads are leading to. Some of these roads may be leading to a dead end. Some of these roads may be one way. No chance of retreat once we start moving on it. Some road lead us to mountain peak. And some road lead us down in the valley.
And above all, we do not get enough time to decide.
According to one stanza in GITA, on a giant roller coaster all of us are moving in cycles.
The force moving us is so strong that if we do not choose, we start rolling on one of the roads.
Whatever our plans, goals, mission statements, visions, wishes, intentions, all are put to a test the moment we see two roads ahead of us.
We have to choose one of these two roads. We have to choose in this very minute.
Or else, we find ourselves moving on a default road.
Haresh Raichura
1174
If we do not make a choice, by default we start moving on one of these roads.
We do not have enough informations on where these roads are leading to. Some of these roads may be leading to a dead end. Some of these roads may be one way. No chance of retreat once we start moving on it. Some road lead us to mountain peak. And some road lead us down in the valley.
And above all, we do not get enough time to decide.
According to one stanza in GITA, on a giant roller coaster all of us are moving in cycles.
The force moving us is so strong that if we do not choose, we start rolling on one of the roads.
Whatever our plans, goals, mission statements, visions, wishes, intentions, all are put to a test the moment we see two roads ahead of us.
We have to choose one of these two roads. We have to choose in this very minute.
Or else, we find ourselves moving on a default road.
Haresh Raichura
1174
We all are neither good nor bad. We are just passing through a process of evolution
I know one judge. He was alway humble. He was not sharp and quick like other judges.
Many times he made mistakes also. But he was open to feedback.
If he had made some mistake, and if someone will point it out. He will try to relook at his mistake.
He once said, "This is a process. We all are passing through a process."
Perhaps, he meant to say like this.
The disputes between human beings first arise on ground zero of reality.
Then some of them comes to court. Here trial court lawyers and judges apply their legal knowledge to disputes.
Then High Court and Supreme Court do the same things from a higher perspective.
But basically this is a process.
Some human beings among us are not so perfect. Some of us are corrupt. Some are honest. Some are intelligent. Some are dull.
We all try to self-correct ourselves by using several social machineries.
Judicial system is one such machinary. We lawyers, judges, litigants run this machinery,
Here, tomorrow is always going to be better then yesterday. Because today we are engaged in studying what mistakes we made yesterday. And how we should have done things.
Try to apply this principle in your own life.
You may be occupied in any work. Your tomorrow's work is going to be better than your yesterday's work.
Because, we are passing through a process. We all are a part of process of evolution of human beings.
Haresh Raichura
1173
Many times he made mistakes also. But he was open to feedback.
If he had made some mistake, and if someone will point it out. He will try to relook at his mistake.
He once said, "This is a process. We all are passing through a process."
Perhaps, he meant to say like this.
The disputes between human beings first arise on ground zero of reality.
Then some of them comes to court. Here trial court lawyers and judges apply their legal knowledge to disputes.
Then High Court and Supreme Court do the same things from a higher perspective.
But basically this is a process.
Some human beings among us are not so perfect. Some of us are corrupt. Some are honest. Some are intelligent. Some are dull.
We all try to self-correct ourselves by using several social machineries.
Judicial system is one such machinary. We lawyers, judges, litigants run this machinery,
Here, tomorrow is always going to be better then yesterday. Because today we are engaged in studying what mistakes we made yesterday. And how we should have done things.
Try to apply this principle in your own life.
You may be occupied in any work. Your tomorrow's work is going to be better than your yesterday's work.
Because, we are passing through a process. We all are a part of process of evolution of human beings.
Haresh Raichura
1173
February 3, 2014
Overdoing
Sometimes we are doing fine.
Then our ego gets boost up.
We start overdoing what we are doing.
We spoil what we are doing.
This is overdoing.
Haresh Raichura
1172
Then our ego gets boost up.
We start overdoing what we are doing.
We spoil what we are doing.
This is overdoing.
Haresh Raichura
1172
The Fears - Phantoms living in our mind as well as in real world
All fears are real. They touch our bones. They touch our muscles. They touch our thoughts.
Scientists say these are "Flight Responses"
We see something, or we visualise something and we want to flee from it. We want to run away and hide somewhere.
But it is not possible to flee. It is not possible to fight with it.
What is possible is : To FACE it.
To face it, is a learned response. First, we learn to face small fears. Gradually, we graduate enough to face bigger fears.
This process cannot be learned through books. We have to be in a situation where we experience fear in our bones and than we have to overcome this fear.
An Example:-
A room is dark. A child is afraid of entering into it. First, he has to put first step in the dark room. The fear escalates. After 3 to 4 minutes, fear reduces on its own if nothing happens. When the fear is reduced, he has to take next step further in the dark room. The cycle of fear repeats.
Some call this process a process of desensitisation.
Whatever it may be. It is a process of facing fears by one step at time.
There is a limit to what extent we can bear fear. Each of us is different.
But the process is same for us. We have to face fear, if we cannot flee away from it and if we cannot fight with it.
A Time Frame method:-
Someone once told me that every fear has a life period. After this period goes, the fears go away on their own.
He said, some fears have life of one week, some fears may have life of four weeks. But after this period is over, the fears go away. Fears are not permanent.
He said, put a time frame on fear which you may be facing and then let this period pass. In the meantime, also try to reduce fear causing factors as much as within your power.
Haresh Raichura
1171
Scientists say these are "Flight Responses"
We see something, or we visualise something and we want to flee from it. We want to run away and hide somewhere.
But it is not possible to flee. It is not possible to fight with it.
What is possible is : To FACE it.
To face it, is a learned response. First, we learn to face small fears. Gradually, we graduate enough to face bigger fears.
This process cannot be learned through books. We have to be in a situation where we experience fear in our bones and than we have to overcome this fear.
An Example:-
A room is dark. A child is afraid of entering into it. First, he has to put first step in the dark room. The fear escalates. After 3 to 4 minutes, fear reduces on its own if nothing happens. When the fear is reduced, he has to take next step further in the dark room. The cycle of fear repeats.
Some call this process a process of desensitisation.
Whatever it may be. It is a process of facing fears by one step at time.
There is a limit to what extent we can bear fear. Each of us is different.
But the process is same for us. We have to face fear, if we cannot flee away from it and if we cannot fight with it.
A Time Frame method:-
Someone once told me that every fear has a life period. After this period goes, the fears go away on their own.
He said, some fears have life of one week, some fears may have life of four weeks. But after this period is over, the fears go away. Fears are not permanent.
He said, put a time frame on fear which you may be facing and then let this period pass. In the meantime, also try to reduce fear causing factors as much as within your power.
Haresh Raichura
1171
Reality Check to check chances of success in a legal case
Reality check.
We see a railway station in front of us.
But the reality check is not about what we see. It is about what we are looking for and to check if it is there.
What we may be seeing may be looking like a railway station. It may have a window for selling journey ticket.
There may be a platform also.
But the reality check is, does the train on which we want to board comes here? Can we board on that train from this station?
The Reality check needs two things:
1) We need to know what we are looking for.
2) And we must have a set of some questions through which we can objectively verify that what we are seeing is almost like what we are looking for.
As a lawyer, I am told by my office that certain case is listed in certain court.
The reality check for me is to see if it is so notified in some list. A further reality check is to see if it is also there in last notification regarding cases.
Another example:-
In a given case, I may be seeing or visualising an argument.
But the Reality Check is to mark or flag pages of the case from which this argument can be made. A further reality check can be to find out an actual precedent where such an argument is accepted by Court.
A still further reality check is to find out previous views of the presiding judge regarding such an argument.
It is not always easy to do a Reality Check. Assumptions have to be made.
But value of reality check cannot be underestimated.
Haresh Raichura
1170
We see a railway station in front of us.
But the reality check is not about what we see. It is about what we are looking for and to check if it is there.
What we may be seeing may be looking like a railway station. It may have a window for selling journey ticket.
There may be a platform also.
But the reality check is, does the train on which we want to board comes here? Can we board on that train from this station?
The Reality check needs two things:
1) We need to know what we are looking for.
2) And we must have a set of some questions through which we can objectively verify that what we are seeing is almost like what we are looking for.
As a lawyer, I am told by my office that certain case is listed in certain court.
The reality check for me is to see if it is so notified in some list. A further reality check is to see if it is also there in last notification regarding cases.
Another example:-
In a given case, I may be seeing or visualising an argument.
But the Reality Check is to mark or flag pages of the case from which this argument can be made. A further reality check can be to find out an actual precedent where such an argument is accepted by Court.
A still further reality check is to find out previous views of the presiding judge regarding such an argument.
It is not always easy to do a Reality Check. Assumptions have to be made.
But value of reality check cannot be underestimated.
Haresh Raichura
1170
Lawyers are required to surrender their cellphones on entering most of courthouses in America
I learned this info from Prof. Scott Pryor, Professor of Law at University of Regent.
In Indian Supreme Court and courthouses in other courts, the procedure appears to be like following:
Litigants, Journalists and Clerks of Lawyers are required to surrender their cellphones upon entering any courthouse.
But lawyers are given concession. They can keep their cellphone with them but should keep them in silent mode.
But this procedure do disturb court proceedings in two way:
1) Now and then, some lawyer forgets to put his cellphone on silent mode. It rings at wrong time.
Lawyer is seen fumbling to switch it off quickly.
2) In silent mode cellphone, the lawyer receives an important call. He stands up. Rapidly goes outside courtroom. Attends call. Then he returns back in the court house.
But this movement does not go without notice of judge.
Momentarily he gets distracted from the case he may be hearing.
Haresh Raichura
1169
In Indian Supreme Court and courthouses in other courts, the procedure appears to be like following:
Litigants, Journalists and Clerks of Lawyers are required to surrender their cellphones upon entering any courthouse.
But lawyers are given concession. They can keep their cellphone with them but should keep them in silent mode.
But this procedure do disturb court proceedings in two way:
1) Now and then, some lawyer forgets to put his cellphone on silent mode. It rings at wrong time.
Lawyer is seen fumbling to switch it off quickly.
2) In silent mode cellphone, the lawyer receives an important call. He stands up. Rapidly goes outside courtroom. Attends call. Then he returns back in the court house.
But this movement does not go without notice of judge.
Momentarily he gets distracted from the case he may be hearing.
Haresh Raichura
1169
February 2, 2014
Science of neuroplasticity
Be like what you want to be - Science of neuroplasticity
Science has discovered neuroplasticity in brain cells.
In brief it means :
If we change our behavior and if we force our brain cells to act as per tensions we give to them, the neuro cells change in about three months.
Like plastic or like a soft clay, new shapes, new patterns are seen in new born neuro cells.
The meaning of this discovery is :
It is proved that we can change ourselves by putting desired pressures on our Neuro cells.
We are not trapped in some kind of rut from which we cannot change.
The change formation period is about three months.
Haresh Raichura
1168
Science has discovered neuroplasticity in brain cells.
In brief it means :
If we change our behavior and if we force our brain cells to act as per tensions we give to them, the neuro cells change in about three months.
Like plastic or like a soft clay, new shapes, new patterns are seen in new born neuro cells.
The meaning of this discovery is :
It is proved that we can change ourselves by putting desired pressures on our Neuro cells.
We are not trapped in some kind of rut from which we cannot change.
The change formation period is about three months.
Haresh Raichura
1168
Age comes, but wisdom lingers. Wisdom comes after learning from mistakes
A person does not necessarily become wiser with age. Wisdom does not come automatically with advance of age.
Exposures with mistakes leads to wisdom. There is an inbuilt mechanism in us. We avoid repeating patterns which has given us pains in past.
Mistakes have great power to teach and to transform us.
If we have open mind, a desire to learn from our each mistake, wisdom comes faster to us.
Haresh Raichura
1167
Exposures with mistakes leads to wisdom. There is an inbuilt mechanism in us. We avoid repeating patterns which has given us pains in past.
Mistakes have great power to teach and to transform us.
If we have open mind, a desire to learn from our each mistake, wisdom comes faster to us.
Haresh Raichura
1167
Live slowly - advice of a man who was on death bed
The new model is : Set your goals. Fix deadlines. Achieve targets.
The only problem with above model is : It creates tension. Deadlines are required to be met.
Targets have to be achieved even of circumstances may not be right.
A man on death bed was asked,"How would you live if you are given another chance to live?"
He thought for a while and then replied,"If I am given another chance to live, I would live slowly."
Haresh Raichura
1162
The only problem with above model is : It creates tension. Deadlines are required to be met.
Targets have to be achieved even of circumstances may not be right.
A man on death bed was asked,"How would you live if you are given another chance to live?"
He thought for a while and then replied,"If I am given another chance to live, I would live slowly."
Haresh Raichura
1162
Beautiful, simple, handcrafted, Satvik compound in front of Central Jail, Sabarmati, Gujarat
Once I had occasion to meet an inmate in this jail in connection with his case.
Then, I saw this Satvik compound in front of this famous jail.
It was clean. The prisoners maintained cleanliness and orderliness.
Statues of some swans and a fountain like statue was in front. Everything appeared to have been handmade hard work by prisoners atoning for their crimes.
The colours on walls were simple. Work of prisoners.
The photography was prohibited. So I looked at everything as much as I could.
The prisoners were treating this jail as their own home. They were keeping front gates and compound clean so that guests to their home do not get bad impression about their home.
The Jail appeared to have a soul of its own. It treated all its inmates with complete forgiveness.
Haresh Raichura
1165
Then, I saw this Satvik compound in front of this famous jail.
It was clean. The prisoners maintained cleanliness and orderliness.
Statues of some swans and a fountain like statue was in front. Everything appeared to have been handmade hard work by prisoners atoning for their crimes.
The colours on walls were simple. Work of prisoners.
The photography was prohibited. So I looked at everything as much as I could.
The prisoners were treating this jail as their own home. They were keeping front gates and compound clean so that guests to their home do not get bad impression about their home.
The Jail appeared to have a soul of its own. It treated all its inmates with complete forgiveness.
Haresh Raichura
1165
"From very next day of marriage, my husband, in laws started torturing me"- common allegation
In so many petitions filed by wife against husband and in-laws, I have read following common allegation:
"From very next day of marriage, my husband, in laws started torturing me"
This is difficult to believe. It is more probable that disputes started after few days or a month.
Adjustment of new member in a joint family is not smooth.
Haresh Raichura
1164
"From very next day of marriage, my husband, in laws started torturing me"
This is difficult to believe. It is more probable that disputes started after few days or a month.
Adjustment of new member in a joint family is not smooth.
Haresh Raichura
1164
The postman said,"Sir, I want to become a poet like you. Teach mepoetry"
This is a story seen in a movie.
A famous poet was writing poetry which used to create political revolutions.
Government banned his poems ordered to put this poet in exile. He was sent to an isolated place.
But his posts were allowed to reach him.
A postman used to deliver him his posts everyday. He used to receive a bag full of posts everyday.
One day the postman asked the poet. "Sir, I want to be a famous poet like you. Please teach me poetry."
The poet said, "It is simple. When you see rain coming out from sky, just say,'Sky is weeping'. This is poetry."
Haresh Raichura
1163
A famous poet was writing poetry which used to create political revolutions.
Government banned his poems ordered to put this poet in exile. He was sent to an isolated place.
But his posts were allowed to reach him.
A postman used to deliver him his posts everyday. He used to receive a bag full of posts everyday.
One day the postman asked the poet. "Sir, I want to be a famous poet like you. Please teach me poetry."
The poet said, "It is simple. When you see rain coming out from sky, just say,'Sky is weeping'. This is poetry."
Haresh Raichura
1163
Bullshit at workplace - about a book
I once read a book titled "Bullshit at Workplace". I right now cannot recall name of author.
The book said, when we go to workplace we should remember that there EVERYONE is trying to mislead everyone. Everyone has some hidden agenda.
Then the book explains, how we can see through the hidden agenda of everyone at workplace.
One tool the Book suggests is to keep asking "Why this now?"
This suggestion is worth trying.
Haresh Raichura
1162
The book said, when we go to workplace we should remember that there EVERYONE is trying to mislead everyone. Everyone has some hidden agenda.
Then the book explains, how we can see through the hidden agenda of everyone at workplace.
One tool the Book suggests is to keep asking "Why this now?"
This suggestion is worth trying.
Haresh Raichura
1162
A common thinking mistake
Common mistake in thinking.
Thinking about West while going into East.
It reduces speed.
The chances of being strayed into some unknown direction increases.
Thinking about East while Going into East must be the Nature's law.
Because our eyes are made to show us the way in which direction we may be going.
Looking around and behind occasionally may be worthwhile.
But an arrow has to think only about the Mark towards which it may be going.
Haresh Raichura
1160
Thinking about West while going into East.
It reduces speed.
The chances of being strayed into some unknown direction increases.
Thinking about East while Going into East must be the Nature's law.
Because our eyes are made to show us the way in which direction we may be going.
Looking around and behind occasionally may be worthwhile.
But an arrow has to think only about the Mark towards which it may be going.
Haresh Raichura
1160
Relativeless Prisoners in Jail - Disconnectedness of poor and illiterate
If I am not mistaken, there is one international organanizaiohn called "Gangaji", dedicated to the service of poor and illiterate prisoners.
In India, I have not come across such organisation or NGO.
Once a poor man or woman living in a hut is trapped in some net of law, he or she gets disconnected with his other few poor relatives which he or she may have earlier.
Now and then we hear about such persons. Since they are illiterate and poor, they hardly know about courts and their rights.
Outside jails, they have no one to connect with. No one to care for them and no one who wants to know about them.
They are lost permanently.
In India, I have not come across such organisation or NGO.
Once a poor man or woman living in a hut is trapped in some net of law, he or she gets disconnected with his other few poor relatives which he or she may have earlier.
Now and then we hear about such persons. Since they are illiterate and poor, they hardly know about courts and their rights.
Outside jails, they have no one to connect with. No one to care for them and no one who wants to know about them.
They are lost permanently.
For some of these miserable human beings, death is the only way out.
Haresh Raichura
1159
Haresh Raichura
1159
For Lawyers & Judges : How cellphones have destroyed decorum of court rooms
Cellphones have increased productivity of lawyers. No quarrels about that.
But they have ruined decorum of courtrooms. This is how this has happened.
A courtroom is supposed to be a place of hearing cases.
One lawyer stands up. He has chosen some words to be spoken from his case.
Judge hears him. He asks questions and listens to answers.
At this time everyone in courtroom is watching what the judge is saying and what the lawyer is saying and what order the judge is passing.
If lawyer will be arguing against interest of his client, the whole court will know. If the Judge is passing biased, partial or corrupt order,, the whole court will know.
This is why law required courtrooms to be open courtrooms. These were the checks.
Now the things have changed.
Courtrooms are overcrowded. Lawyers sitting in courtrooms after 3rd line, can hardly hear what is being argued between the Judge and the Lawyer who may be arguing on his legs. They can hardly hear what order is being passed. Gossiping is going on in murmured voices.
And some are seen playing video games in cellphones. Some are tweeting from courtrooms. Some are texting and areengaging text chats. Some are communicating with their offices. Everything else is going on except Hearing what is going on between the judge and the arguing lawyers. Few are hearing the arguments. Few are watching what order the judge is passing. The Watching Eyes are missing.
This is how decorum of the courtrooms have been ruined in since last few decades. And it is going down and down and down.
But they have ruined decorum of courtrooms. This is how this has happened.
A courtroom is supposed to be a place of hearing cases.
One lawyer stands up. He has chosen some words to be spoken from his case.
Judge hears him. He asks questions and listens to answers.
At this time everyone in courtroom is watching what the judge is saying and what the lawyer is saying and what order the judge is passing.
If lawyer will be arguing against interest of his client, the whole court will know. If the Judge is passing biased, partial or corrupt order,, the whole court will know.
This is why law required courtrooms to be open courtrooms. These were the checks.
Now the things have changed.
Courtrooms are overcrowded. Lawyers sitting in courtrooms after 3rd line, can hardly hear what is being argued between the Judge and the Lawyer who may be arguing on his legs. They can hardly hear what order is being passed. Gossiping is going on in murmured voices.
And some are seen playing video games in cellphones. Some are tweeting from courtrooms. Some are texting and areengaging text chats. Some are communicating with their offices. Everything else is going on except Hearing what is going on between the judge and the arguing lawyers. Few are hearing the arguments. Few are watching what order the judge is passing. The Watching Eyes are missing.
This is how decorum of the courtrooms have been ruined in since last few decades. And it is going down and down and down.
Haresh Raichura
1158
1158
February 1, 2014
It is difficult to stay truthful when no one is watching us
Why do we want to tell a little lie?
There are many reasons for which we lie.
It is difficult to understand all these reasons.
The one thing I have noticed in me is this that, I easily imagine something and then I put it as substitute of actual truth.
Many times, I lie because I do not know exact truth and I do not want to look as if I do not know truth. I like to pretend that I know truth. And therefore lie.
It is easier to lie when no one is watching us. It is easier to lie, when chances of our being confronted with truth are few.
Sometimes, we speak loosely. Not caring about truth or otherwise of what we are saying.
I have met people who teach their children to tell lies. They argue that in today's world telling lies is a necessity. According to them, there are no chance of success for people who do not know how to tell lies.
I cannot say that they are right. I also cannot say that they are wrong.
To speak truth is easy.
To tell lies requires training in deceiving others. It requires effort. And there are consequences when lies are found out.
For those who speak truth, the results are instant. Either they suffer for speaking truth then and there.
Or they get instant support for like minded people who like truth.
Haresh Raichura
1157
There are many reasons for which we lie.
It is difficult to understand all these reasons.
The one thing I have noticed in me is this that, I easily imagine something and then I put it as substitute of actual truth.
Many times, I lie because I do not know exact truth and I do not want to look as if I do not know truth. I like to pretend that I know truth. And therefore lie.
It is easier to lie when no one is watching us. It is easier to lie, when chances of our being confronted with truth are few.
Sometimes, we speak loosely. Not caring about truth or otherwise of what we are saying.
I have met people who teach their children to tell lies. They argue that in today's world telling lies is a necessity. According to them, there are no chance of success for people who do not know how to tell lies.
I cannot say that they are right. I also cannot say that they are wrong.
To speak truth is easy.
To tell lies requires training in deceiving others. It requires effort. And there are consequences when lies are found out.
For those who speak truth, the results are instant. Either they suffer for speaking truth then and there.
Or they get instant support for like minded people who like truth.
Haresh Raichura
1157
Law is the highest paid profession in the world
There are two reasons why law is considered highest paid profession in the world.
1) First, there is no upper limit to stakes or amounts involved in the litigations. It can involve billions and billions of rupees or dollars in one single case.
When stakes and risks are high, the remuneration is also high.
2) A human beings whole life can be at stake in a case. In a given case death sentence can be given. Or he can be sent to jail for many many years.
Where one's life is at stake, a human being can spend everything he has.
But it is not as if there are no lawyers for the poor.
There are lawyers who serve poorest of poor.
The law is treated by philosophers as the noblest profession in the word.
Haresh Raichura
1156
1) First, there is no upper limit to stakes or amounts involved in the litigations. It can involve billions and billions of rupees or dollars in one single case.
When stakes and risks are high, the remuneration is also high.
2) A human beings whole life can be at stake in a case. In a given case death sentence can be given. Or he can be sent to jail for many many years.
Where one's life is at stake, a human being can spend everything he has.
But it is not as if there are no lawyers for the poor.
There are lawyers who serve poorest of poor.
The law is treated by philosophers as the noblest profession in the word.
Haresh Raichura
1156
Controlling what we say when our mind is on fire
There is no way we can control what we say when our mind is on fire.
A musical saw was going in a a place in Gujarat, many years ago.
The Judges, the lawyers, VVIPs, Top Police officers were watching the show.
Suddenly a Police Inspector climbed on stage. He grabbed away mike from hands of singer and started singing his own song. He was fully drunk.
A musical saw was going in a a place in Gujarat, many years ago.
The Judges, the lawyers, VVIPs, Top Police officers were watching the show.
Suddenly a Police Inspector climbed on stage. He grabbed away mike from hands of singer and started singing his own song. He was fully drunk.
People tried to take back mike from him but he said, "No, I want to sing."
He was over powered. But next day it was a news.
Now the problem arose how to hush up this thing. In Gujarat drinking wine is punishable with 6 months jail.
This police inspector was found drunk on stage. Judges, Lawyers etc witnessed the drama.
If case was registered then Police Inspector could have got suspended and jailed.
What to do? How to hush up this thing?
Well, everybody pretended that they had seen nothing.
Police did not register any complaint on its own.
No one went to police with complaint against Police Inspector.
The matter was forgotten soon.
But the point of the story is : When our mind is on fire, and when we are on a stage, there is no way we can control what we say,
To remain sober, while speaking from a public platform, is very very tough task. One has to tame one's inner mind.
This is not an easy task.
Haresh Raichura
He was over powered. But next day it was a news.
Now the problem arose how to hush up this thing. In Gujarat drinking wine is punishable with 6 months jail.
This police inspector was found drunk on stage. Judges, Lawyers etc witnessed the drama.
If case was registered then Police Inspector could have got suspended and jailed.
What to do? How to hush up this thing?
Well, everybody pretended that they had seen nothing.
Police did not register any complaint on its own.
No one went to police with complaint against Police Inspector.
The matter was forgotten soon.
But the point of the story is : When our mind is on fire, and when we are on a stage, there is no way we can control what we say,
To remain sober, while speaking from a public platform, is very very tough task. One has to tame one's inner mind.
This is not an easy task.
Haresh Raichura
Judiciary climbed 1 step higher when Justice J. S.Verma's family declined Padma Bhushan
Money is not the only way to corrupt judiciary. Honest judges are offered different types benefits if they can be pro- Government, or pro-corporate lobby.
When the Government starts offerring, Awards and Rajya Sabha membership to former Chief Justices of India, a bad precedent is set.
It gives some kind of wrong message to entire higher judiciary of India.
In my view, Justice Verma's family has done a great service by declining Padma Bhushan Award.
Late Justice J.S. Verma would never have approved any awards or rewards being given to judges.
When a lawyer becomes a judge, he is given power to discharge divine function of doing Justice to people and of protecting lives of those who are not in position to reach courts.
To a judge, being able to discharge his duties without fear or favours itself is a complete reward in itself. He needs no further awards or certificates from anyone.
Haresh Raichura
1153
When the Government starts offerring, Awards and Rajya Sabha membership to former Chief Justices of India, a bad precedent is set.
It gives some kind of wrong message to entire higher judiciary of India.
In my view, Justice Verma's family has done a great service by declining Padma Bhushan Award.
Late Justice J.S. Verma would never have approved any awards or rewards being given to judges.
When a lawyer becomes a judge, he is given power to discharge divine function of doing Justice to people and of protecting lives of those who are not in position to reach courts.
To a judge, being able to discharge his duties without fear or favours itself is a complete reward in itself. He needs no further awards or certificates from anyone.
Haresh Raichura
1153
Who puts thoughts in our mind? Angels?
The brain scientists are not as yet clear on from where does the thoughts enter in our mind.
They only know roughly that thoughts can be slowed down or fastened up in our brain with brain chemicals.
But why a particular thought comes in our mind, is yet not clear.
I had read about a movie. It depicted that small atom like millions of good and bad angels are flying in sky and floating all around us.
If some of us is sad. The angels can see it. If they do not like us, they can ignore us. If some of them wants to make us happy, he jus enters in our head. A thought is put in our mind and the angel leaves our mind.
The thought is our mind sprouts and it pops up and we suddenly feel happy.
If we are talking arrogantly, if we are behaving improperly, and if some bad angel decides to punish us, he enters in our brain, eggs a thought in our brain, and then leaves our brain.
Next minute, that thought sprouts and pops up in our brain. We suddenly decide to do some thing illegal. We get into trouble and we are ruined.
Thus there are good and bad angels floating around us all the day. They can make us or they can break us.
Now pause here and try to see how far this story looks valid to you.
Do you get sudden, good or bad thoughts? Does these thoughts suddenly pop up in your brain, and If yes, have you tried to trace how this thought entered in your mind?
Check this knowledge with what you may be already knowing about telepathy.
Haresh Raichura
1154
They only know roughly that thoughts can be slowed down or fastened up in our brain with brain chemicals.
But why a particular thought comes in our mind, is yet not clear.
I had read about a movie. It depicted that small atom like millions of good and bad angels are flying in sky and floating all around us.
If some of us is sad. The angels can see it. If they do not like us, they can ignore us. If some of them wants to make us happy, he jus enters in our head. A thought is put in our mind and the angel leaves our mind.
The thought is our mind sprouts and it pops up and we suddenly feel happy.
If we are talking arrogantly, if we are behaving improperly, and if some bad angel decides to punish us, he enters in our brain, eggs a thought in our brain, and then leaves our brain.
Next minute, that thought sprouts and pops up in our brain. We suddenly decide to do some thing illegal. We get into trouble and we are ruined.
Thus there are good and bad angels floating around us all the day. They can make us or they can break us.
Now pause here and try to see how far this story looks valid to you.
Do you get sudden, good or bad thoughts? Does these thoughts suddenly pop up in your brain, and If yes, have you tried to trace how this thought entered in your mind?
Check this knowledge with what you may be already knowing about telepathy.
Haresh Raichura
1154
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