March 31, 2014

On being dependant on Gods And on Principles

In people who have made it to greatness, I have seen two things.

1) Dependance on Gods. Dependance on invisible spiritual powers who continuously take care of us, who protect us and guide us in our difficult times.

2) Secondly, they depend on certain life principles. They have consciously selected these rules, and so far as possible, they try to adhere to these principles.

In my view, a combined effect of these two things bless them to reach on a higher level of human existence.

Personal Experience

If today, if I take stock of my own life, I see that I am heavily dependant on Gods. But I lack second aspect. I do not have well defined principles to which I adhere to. My principles are vacillating. They lack iron in them.

Haresh Raichura
1248



March 28, 2014

After 20 years, an ex wife returns to ask from ex-husband for maintenance - A case story

Recently, I came across a strange case.

20 years ago, a husband and wife parted.

Husband paid lump sum amount and wife forego all her rights to future maintenance.

The Judge passed order on compromise. The dispute was given a cold burial.

They parted.

The husband remarried and began to live with new wife. He has now children. He has forgotten all about his ex wife.

The ex-wife remained unmarried all these years.

After 20 years, she knocked at the doors of court and claimed maintenance from husband under Sec.125 of Cr.P.C.

The husband showed to court those compromise orders passed by courts 20 years ago...According to him, the relationship of husband and wife had ended 20 year ago.

The court rejected argument of husband and ordered husband to pay maintenance to his ex-wife every month.

Husband lost appeal in High Court.

Now the case is in Supreme Court.

Poverty of parties:-

Here, the ex wife and this husband, both are poor. One wonders why such burdens of deciding heavy legal issues fall on shoulders of poor.

Haresh Raichura
1247

Should Indian law makers consider passing "Persuasive Laws" as passed in Japan? - View

Recently, I read a refreshing news item about a law passed in foreign city, prohibiting use of mobile phones by children after 9 PM.

No punishments were prescribed for children who violate this law.

So, this was a persuasive law.

By and large people like to follow and abide by laws meant for their good.

This law gives a reason to children that law requires children to hand over their mobile phones to parents at 9 PM and therefore they should do so.

Here, law is used as a tool for social engineering. No draconian punishments are prescribed. No law enforcement agencies are required.

The law only persuades parents and children to obey law and to become good citizens by following this law.

I think this is great.

Will our law makers look into possibilities of passing "persuasive laws without prescribing draconian punishments"?

Haresh Raichura
1247


March 27, 2014

Throwing ink on someone inside any court compound is prima Facie contempt of court-SC

It happens. Emotions of parties sometimes get flared up in court compounds.

They start quarrelling or abusing each other. But this is not permissible.

A Judge is in control of court premises. Anything which disturbs him and prevents him from judging cases impartially, is contempt.

If light of court premises is cut off, if water supply is cut off, the judge can treat this as contempt of court.

If someone throws ink at someone in court premises, it is also contempt.

It is prima Facie contempt of court under section 2(c)(iii) of Contempt of Court Act and under Art. 129 (When Supreme Court is disturbed)

Reference : Supreme Court order dated March 5, 2014 in Suo Motu Contempt Pet (Crl) No.1 of 2014

Haresh Raichura
1246

March 26, 2014

Throwing ink on someone inside any court compound is prima Facie contempt of court-SC

It is prima Facie contempt of court section 2(c)(iii) of Contempt of Court Act and under Art. 129

Reference : Supreme Court order dated March 5, 2014 in Suo Motu Contempt Pet (Crl) No.1 of 2014

Haresh Raichura
1246

March 23, 2014

Test of a lawyer - How to assess skills of a lawyer

In many countries, lawyers offer first appointment free of charge.

Seek first his free appointment. Clarify that there is no obligation on you and you will not have to pay for first appointment.

If lawyer gives you first free appointment, then visit him. If he asks for fee even for first meeting, and if his fees are reasonable in view of his standing, pay him for first meeting also. A word with a wise and experienced person has always value.

Give him your story or your case or your problem in two pages in writing first.

Let him glance through it. Then closely watch, how fast, how quickly he can comprehend and analyse these two pages.

If he knows the subject and law involved in your case, he will be amazingly quick. 

If he looks slow, if he starts asking you questions which are outside the area of two pages given by you, if he starts talking about things other than things mentioned in two pages, well, it means that he has not comprehended what you said in your two pages.

Or he perhaps, may have rejected what you have written in your two pages as wholly irrelevant.. This view will perhaps later come in his way later, in understanding basic facts of your case.

Judges decide 90% cases on basis of their understanding of basic facts of a case.

This is one thing.

About his experience, his victories, his famous cases which he has dealt with, his expensive and his impressive library, his conference room, his costly car, his team of assistants, etc.etc .. counts...but not that much for your purpose.

The quick analytical ability and his quick ability to come to the crux of basic facts of your case is crucial. This matters a lot.

If he says, there is only one point in your case that can turn your case, then perhaps, he may be pointing at Key to Your case. This is good. It shows he has ability to narrow down on one single action point.

But now think about your own mindset also. 

The case has troubled you since many days or years. You may be biased. 

You may be unwilling to accept the fact that you are likely to lose case. 

You may be obsessed with some weakness in case of otherside. Your biased mindset will not allow you to impartially judge skills of a lawyer. 

If your obsessions are high, you may reject a good lawyer simply because he refuses to agree with your point of view.

You and the lawyer you choose, have to

1) First put things into proper perspective, and  

2) Then work out a strategy to improve your chances of scucess.

This should be the objective of first meeting. 

....... 

Try to look upon lawyers as "Hired Warriors".

Best warriors have lots of idiot-type-habits also.

They are often blunt to the point of hurting you in mind as well as in your pocket. They get angry quickly. And very next second they can become extremely sweet. They are unpredictable. 

.....

Think, what is at stake in your case.

When stakes are low, considerations are different. Fees matter. The best need not be hired.

When stakes are high considerations are different. Fees do not matter. Best need to be hired.

..... 

When celebrities hire their lawyers, they usually go by hearsay material. In my view, they rarely get right advice. 

..... 

Cases are won more where a lawyer asks you to sit with him one week before the case is actually listed for hearing before judge.

So ask lawyer if he will be calling you when case will be up for hearing? Ask him about future meetings which may be required. This will indicate how he prepares his cases. 

....

Put all these things in your "Thinking Hat".

Then, your decision will be better.

Haresh Raichura
1245


March 14, 2014

Blog offline

Offline for some days. Professional work.



March 11, 2014

Why I do activity B when I should be doing activity A? - an explanation


Replacement psychology:-

I need to do task A.

But I will not say that I will not do it.

Instead I start doing activity B.

I keep doing activity B until mind stops nagging me for doing Activity A.

As soon as pressure to do activity A is reduced, I will stop doing activity B also.

Because my doing of activity B was only a way to fight against pressure from doing activity A.

Activities A usually look like duties.

Activity B usually look like pleasures. 

This is our mind's trick to engage us in sensual pleasure based activity or in wrong priorities.

Haresh Raichura
1244


2 Observations on Art of Getting orders from Tough Judges -

To some extent all of us are arrogant.

When a person sits on a seat of power, it is obvious that he will become a little more arrogant.

Arrogance means, "I do not care about what you say or how you feel or what consequences you may suffer. This is my way of doing things, and I will do it in my way only. Whatever you may say, nothing will change my decision."

When any judge tells such things, how a lawyer deals with him.. how good lawyers are seen dealing with such judges... ?

FIRST OBSERVATION

They first say, Yes. You are the great authority. You have to do what you think is right to do. What you do is by and large correct. But your lordships always changes your decisions whenever it is just and proper to do so. And my endeavour is only to show you what is probably just and fair in this case.

This takes out competition from the air.

Then these lawyer know the weakness of all people people who take strong decisions. All these people prefer to follow their own recent orders and views. In other words all of them like to follow their own rules first.

The lawyer collects as much information as possible about the Judge's previous views and decisions in such cases. This helps him in predicting what turns on and off the judge.

SECOND OBSERVATION

There is a "parent" hidden in all such judges. They like to guide and mentor children. They want to shape and train children.

The children know how to persuade parents to buy them a chocolate.

The same method works on such judges also.

One need to learn these methods from one's own child.

These methods cannot be described by me in words as yet. It is difficult for me find words to describe this artistic talent hidden in all children.

Haresh Raichura
1243



March 10, 2014

Law: There is difference between "a notification" and "a gazetted notification"

When a government notification is published in any central government or state government's gazetted notifications, it attracts a presumption that public knows it and everyone is supposed to know. It has some binding value.

But such is not the case of simple notification issued by Government. Binding effect of a notification not notified in gazette, has a different and lesser value. There is no presumption attached to it that public will be knowing about it.

Haresh Raichura
1243


3 Step Formula : To know who you are :-

1) Describe what you are doing.


2) Say for whom you are doing this activity.


3) Say how you are doing this activity.


Answer to these three questions will, by and large, say who you are.

Haresh Raichura
1242

Credit for this idea : Shri M N Tandon


March 9, 2014

India - No Laws for protection of maid servants?

This is a huge problem across India. From cities to villages.

I do not see any law for minimum wages or any law for protection against physical abuses. Now and then news stories pop in newspaper about police rescuing some maid servant under Bonded Labour prohibition laws.

But I do not see any other laws.

Haresh Raichura
1241

March 8, 2014

#Knowhow: Problems of New Drug Rules in Delhi which are applied from March, 2014

INew law has been notified. 46 drugs cannot be sold in retail by chemist without following these rules from March 2014

It is too Early to assess effect of these rules, but following problems have become visible.

1) Chemists have stopped selling these drugs altogether.

2) The rules say that before selling this drug, they will keep a) photocopy of prescription b) address of doctor and patient c) and a register of such details for three years. In three years anytime a drug inspector can come and ask to see these register.

3) The list of 46 drugs contains names of common but habit forming sleep medicines and common antibiotics.

4) If a patient will go to psychiatrist for prescribing sleep medicine, he may charge Rs.800/- to Rs.1000/- and may prescribe quantity for one week. Costly for many patients. A physician will charge about Rs.300/- to 400/- for prescribing common antibiotics for a week. 

5) People may be tempted to buy such drugs in blackmarket or by going to a chemist on boarder of Delhi.

The intention of law is good. The rules framing body must have considered everything. But it is to be seen how this law works for people. 

Disclaimer; This article is based on general impressions. For actual and meticulous requirement, please see and check the actual rules.

Haresh Raichura
1240




March 6, 2014

Home Visits by Doctors - Call Centre Numbers - Progressive Step

After Consumer Act came, many doctors started declining home visits for fear of consumer cases in serious cases.

When a patient requests home visit, the patient usually has so much problem that he may be bedridden.

To treat such patients is always coupled with problems and fears of consumer cases if patient dies.

Fortunately, now there are websites and All India call centres and All India networks, which book such home visits by physicians and can direct some physician to visit patient at home.

I think this is a progress.

Because the doctor sent through such network will be covered for medical cases insurance and he can provide home visit without much risk.

There are doctors who need patients. And there are patients who need doctors.
Such call centres become bridge between the two. 


Haresh Raichura
1239

March 4, 2014

Most of lawyers and judges believe that family laws in India are out of sync and in mess...

Most of lawyers and judges believe that family laws in India are out of sync and in mess...

Those lawyers and judges, who have first hand knowledge of plight of litigants of family law, know how the poorly drafted family laws are operating on parties.

The objectives of family law are to determine legal rights of parties when disputes arise in family life.

But the actual laws are operating differently.

The mess in family laws begin when criminal law provisions are incorporated into family laws.

For example Cr.P.C. Sec.125.

It was intended to give temporary and immediate relief to a deserted wife, till their rights are determined in civil court.

However the operation of law of Sec.125 has become arbitrary after upper limit of maintenance which can be granted under this provision was removed.


Then again, there is serious ambiguity about grounds on which divorce can be granted to either of the party.

Fraud or hiding of true background of one party does not make out a strong ground of divorce for other party.

The law of adultery is also one sided.

Regarding Cruelty, there is wide difference in meaning given to it by Indian courts and foreign courts.

If cruelty is related to a state of mind, then there are problems about how to prove it or to disprove it.

Due to vagueness in family laws and delays, many couples are ruined.

Approaching courts, does not solve their problems.

Their problems and agony often multiply after they reach courts.

Haresh Raichura
1238




"I know only this much that I am here to give hours", said the new clerk

By chance, I met him. I had need for an additional part-time clerk. He expressed willingness to work.

An interview followed.

He described his experiences and said what he could do. I described him what work I expected from him.

Then he said;

"I know only this much that I am here to give you hours."

This sentence suddenly struck a chord in my mind.

It looked as if he was far more clear in his mind than me. He was clear that he has to come at certain time and he has to leave at certain time. In between, he can do whatever he can do.

Perhaps, all of us do this very thing.

We give hours to various tasks and activities of life. And that is all. Rest of the things keep happening on their own.

The day we are born, the God has given us certain hours to live. We give these hours to different people and to different tasks.

When we have spent all hours we had been given at time of our birth, it is all over.

So, Life is all about giving hours.

Haresh Raichura
1237


March 3, 2014

Story of a snake who took vow to not to bite anyone

Once there was a snake. He was poisonous.

People were afraid of him.

One day a saint came. He preached to the snake and advised him not to kill people.

Snake took oath to not to bite anyone.

The news spread in village. People were now not afraid of him. They used to throw stones at him.

One day the snake came to the saint. He was beaten by sticks by villagers. He was dying.

Saint told him,"I told you not to bite people. But that did not prevent you from showing your fangs to people and from frightening them."

Moral of Story

We may not strike others. But we must inspire fears in others so that the others do not throw stones at us and do not treat us a doormat.
God has given everyone some ability to protect oneself. We should always keep this strength with us.

Haresh Raichura
1236

In Contempt, what is said is relevant, but it is the context, which determines what is Contempt:- Two Examples

A group of progressive thinkers have taken a view that there is lot of corruption in judiciary.

Some instances are as brazen as Sun in the sky.

It is duty of citizens to expose such corruption and therefore, truth should be considered a valid defence when any person is accused under Contempt of Court Act. This is one view.

The other view is conservative.

They say, whether there be any law or not, every judge has, since 500 years, unfettered powers to punish any man who insults a judge, ridicules him in public, and puts pressure on his mind, in such a way, that the judge cannot decide cases fearlessly.

POINT :

All languages and human actions are ambiguous. Any one word can have two meanings or more. Therefore, these words have to be looked from angle of context in which it is said.

It is true that a corrupt judge needs to be checked. But to put him at mercy of a person who has habit of insulting judges, is even worse.

In contempt case, the judge who has been insulted, does not decide this case.

He has to transfer the case to other two judge bench, who can decide impartially whether the accused had any intention to insult the judge or not and whether the act complained of contains words that amount to insult of judge?

What if the words spoken are written are actually 100%,truth?

Here, I give TWO imaginary examples

1) A newspaper published report that 50% members of a municipality are corrupt.

The Municipal Board issued notice asking Newspaper to apologise or to face contempt proceedings.

Next day, the Newspaper published an apology and published a correction saying that "50% members of Municipal Board are NOT CORRUPT".

Here, regardless of apology, the intention of newspaper was to commit contempt and to insult members of Municipal Board.

2) Another example :- A son comes home and says to his mother, "Hi, my dad's fat wife!"

Here, even if the statement is true, the son has committed contempt of his parents.

Truth alone here, is not a valid defence.

Both above, imaginary illustrations make it clear that it is the CONTEXT which determines what is CONTEMPT.

And not TRUTH alone.

Haresh Raichura
1235




When we are indisputably NOT EQUALS, what is the nature of equality in Law which we claim?- An explanation

We are not equals.

Our parents are not equal. Our thinking ability is not equal. Our decision making ability is not equal. Our destinies are different. Quantity of Laziness and Focus is different in all of us.

The equality promised to in the Constitution to us is :

That State shall treat all of us equally, it will not discriminate among us. It will give us all an equal opportunity to qualify for government services and contracts.

So it is against The State only. What about the private companies, private firms?

What about you and me? Are we also subject to liability that we have to treat everyone equally and we cannot discriminate?

There is no such obligation on a private person to treat all of us equally. For such a thing, a Special Law prohibiting discrimination on ground of race, religion etc are required to be passed.

At present I have not come across any such law as yet.

Haresh Raichura
1234



Importance of Rapport between A Judge and A Lawyer

Nothing in a court, is mechanical.

The Judge is in center of Court. He has a human mind which processes informations submitted before him.

The rapport makes communication easy.

The moment any judge perceives three things in any lawyer, a rapport is established between him and the judge.

1) That this lawyer has well read his papers,

2) He is aware about law,

3) He is courteous in his submissions to court.

Haresh Raichura
1233

Let the grace of God descend on us. Like a thirsty chatak bird, we look at clouds for adrop of divine grace.

Chatak bird keeps it's beak open when looking at the clouds.

It is waiting for a drop of rain to fall directly in its beak.

Such is the thirst of divine grace. When the the thirst is there, divine grace bound to happen.

Haresh Raichura
1232


March 2, 2014

Think Like A Judge : Show some obligation of State to do something in your favour

Sometimes it is not enough to tell the Judge that you have been wrongly treated by some State Agency.

Judge may ask you :

"Show some provision of law, or Rule or Circular or some resolution, to show that there is an obligation on part of State Agency to do something which you are asking State Agency to do."

It means you have to do complete thinking.

Show not only that injustice is done to you, also show that State was under some obligation to do what you wanted State to do.

Haresh Raichura
1231



Legal effects of Newspaper Public Notice of Love Marriages and Live In Relationships

Just read on a Facebook Update photo of a Public Notice in local newspaper, through a Lawyer, of a Love Marriage of a couple.

The public notice is supposed to protect them against false criminal cases by their unwilling parents.

In days to come, we may read such public notices also about live in relationships.

What are the actual legal value of such notices can be revealed with passage of time.

Haresh Raichura
1230

Think Like A Judge : Paraphrase and listen to response of party affected.

The Judge first hears your complaint or claim or dispute or argument.

Then he paraphrases what you have said in his own words.

Then he asks you, "Is this what you mean to say?"

If you say yes, then he turns to the party against whom you have complained and asks him, "What is your response to this?"

Then he listens to him. Then he paraphrases what he has said and asks him, "Is this what you are saying?"

If he says, yes, then the Judge assumes that he has fully heard both sides.

Then he reflects and compares these arguments in light of his previous knowledge in such type of situation.

Then he thinks if there is any reason for him to depart from his previous stands in such cases.

Then, he decides.

And dictates his judgement.

Haresh Raichura
1229


Two Roads - Right thinking and wrong thinking. I took both roads. They took me here.

Science of thinking, so undeveloped yet. Nor so popular.

Some said that Thinking is a Hard Work. And very few people like to do thinking.

Anyway, we all have different legacies to think in a certain way.

Sometimes, we were thinking wrongly. We took wrong decisions. We reached at wrong places.

Sometimes, we took right decisions and we reached at right places.

Together, as a result of our right and wrong thinking, I am where I am today.

I still cannot say that I know how to think rightly. Life offers new lessons everyday. And when I am least prepared, it takes my tests.

Haresh Raichura
1228