Some months ago, during course of hearing a criminal appeal in Supreme Court, in which some lawyer was convicted on murder charge, the Judge said,
"Do you know there are about 2000 cases across India in which lawyers are charged with murder and trials are pending? We wonder why there is no criticism about this in media."
The issue is really serious. It is about the ethics of legal profession and how far they have deteriorated.
Haresh Raichura
26/9/14
September 26, 2014
September 25, 2014
"Many innocent go in jail when a civil side lawyer becomes judge and decides criminal cases"-SC Judge to Senior Adv
Arguments in a criminal appeal were going on.
The question was:
"Some persons forms unlawful assembly and attacks. One injured gives several names. Should all persons named by him be sent to jail? Why an injured witness should or should not be believed?"
The SC Judges were helpless in this case because the first appellate court had not properly applied mind.
Then one judge commented,
"When a civil side lawyer becomes a judge, and when he start deciding criminal cases, when he sees a death, he starts sending all accused to jail......... Then such problem arises in appeals."
Senior Advocate responded,
"Ideally, we should have time travel ability. Then we can go in past and can see who has committed crime. But since we have no such ability, we are left with "Probability Principle" only. We have to weigh each statement on touchstone of probability."
Haresh Raichura
25/9/14
The question was:
"Some persons forms unlawful assembly and attacks. One injured gives several names. Should all persons named by him be sent to jail? Why an injured witness should or should not be believed?"
The SC Judges were helpless in this case because the first appellate court had not properly applied mind.
Then one judge commented,
"When a civil side lawyer becomes a judge, and when he start deciding criminal cases, when he sees a death, he starts sending all accused to jail......... Then such problem arises in appeals."
Senior Advocate responded,
"Ideally, we should have time travel ability. Then we can go in past and can see who has committed crime. But since we have no such ability, we are left with "Probability Principle" only. We have to weigh each statement on touchstone of probability."
Haresh Raichura
25/9/14
September 18, 2014
- A brief note and 7 hints for PIL aspirants.
In other countries, PIL ( Public Interest Litigations ) are known as " Class Actions"
1) Four or more people join hands together and file cases on behalf of people against Large Corporations and against Government Actions.
In India also, Civil Procedure Code provides for filing of such class representative suits. But public is not much aware. So this field is yet to be explored in India.
2) The Public Interest Writ Petitions filed in High Courts and Supreme Courts are known as PIL.
3) PILs are filed by individuals, by Non Government Organizations, by public welfare bodies.
4) When a person files PIL, he gets lots of publicity. So many persons file PILs just to seek publicity. This is an abuse of courts.
5) Sometimes, PILs are filed with motive to harass some people or to blackmail them. Sometimes some persons act as front of other vested rival interest people and file PIL. This is a worst kind of abuse.
6) In my view, good PIL lawyers should be free from controversies. They should be so honest that all attempts to buy them must fail. He must inspire respect even from his enemies.
7) In my view, the people should be more educated about following 7 aspects
1) Four or more people join hands together and file cases on behalf of people against Large Corporations and against Government Actions.
In India also, Civil Procedure Code provides for filing of such class representative suits. But public is not much aware. So this field is yet to be explored in India.
2) The Public Interest Writ Petitions filed in High Courts and Supreme Courts are known as PIL.
3) PILs are filed by individuals, by Non Government Organizations, by public welfare bodies.
4) When a person files PIL, he gets lots of publicity. So many persons file PILs just to seek publicity. This is an abuse of courts.
5) Sometimes, PILs are filed with motive to harass some people or to blackmail them. Sometimes some persons act as front of other vested rival interest people and file PIL. This is a worst kind of abuse.
6) In my view, good PIL lawyers should be free from controversies. They should be so honest that all attempts to buy them must fail. He must inspire respect even from his enemies.
7) In my view, the people should be more educated about following 7 aspects
7 Hints
A) Four Persons can join hands and reach nearest civil court to file Representative Suit to espouse any public grievances.
B) For filing PIL in High Court or Supreme Court, four persons should file such petitions. It is not necessary that only NGO can file PIL.
C) PIL should not be filed only on basis of news reports. First, someone must give Notice and Demand action from authority. If authority fail to respond, PIL should be moved.
D) Before filing PIL, proper research should be made about Legal Rights of People. Because courts can enter only if some legal rights of people are being neglected or violated.
E) For filing PIL, you must reach to a lawyer of good reputation. Courts are very sensitive. They can throw away even a good PIL if presented through a lawyer of dubious reputation.
F) One should not desire to file PIL for getting Publicity. The cause must be sincere. You should also be sincere.
G) You should have capacity tolerate backlash of filing PIL. After filing PIL, many activities have suddenly died in accidents. In PIL, you are calling Giants to fight with you. You should know your strength and capacity to fight.
Haresh Raichura
18/9/2014
A) Four Persons can join hands and reach nearest civil court to file Representative Suit to espouse any public grievances.
B) For filing PIL in High Court or Supreme Court, four persons should file such petitions. It is not necessary that only NGO can file PIL.
C) PIL should not be filed only on basis of news reports. First, someone must give Notice and Demand action from authority. If authority fail to respond, PIL should be moved.
D) Before filing PIL, proper research should be made about Legal Rights of People. Because courts can enter only if some legal rights of people are being neglected or violated.
E) For filing PIL, you must reach to a lawyer of good reputation. Courts are very sensitive. They can throw away even a good PIL if presented through a lawyer of dubious reputation.
F) One should not desire to file PIL for getting Publicity. The cause must be sincere. You should also be sincere.
G) You should have capacity tolerate backlash of filing PIL. After filing PIL, many activities have suddenly died in accidents. In PIL, you are calling Giants to fight with you. You should know your strength and capacity to fight.
Haresh Raichura
18/9/2014
September 17, 2014
Way to stop killer school buses which kill toddlers- Suits for heavy damages in law of torts
Every six months, we read news about school bus accidents in which school going children are killed.
Possible reasons are:
Schools appoint drivers on contract wages, irregular driving hours, lack of special training.
Possible Prevention:
1) Strong regulations and laws do not much work because there is lack of man power to enforce rules.
2) Suits for heavy and exemplary damages against schools under law of tort can have deterrent effect. But then law of tort need to develop liability of schools even for vehicles not directly employed by them. School buses are parts of school. The school management should not be allowed to escape strict liability under law of tort on the ground that school bus was on contract basis.
Haresh Raichura
17/9/14
Possible reasons are:
Schools appoint drivers on contract wages, irregular driving hours, lack of special training.
Possible Prevention:
1) Strong regulations and laws do not much work because there is lack of man power to enforce rules.
2) Suits for heavy and exemplary damages against schools under law of tort can have deterrent effect. But then law of tort need to develop liability of schools even for vehicles not directly employed by them. School buses are parts of school. The school management should not be allowed to escape strict liability under law of tort on the ground that school bus was on contract basis.
Haresh Raichura
17/9/14
Two Lama on eve of retirement of Hon'ble Chief Justice R.M.Lodha (26/9/14)
The Year was 2022
In mountains of Himalayas,
Two Lama were sitting in a magnificent garden
Younger Lama asked,
"Who planted these beautiful trees and plants here?
Who created this garden?"
Elder Lama replied,
"Eight years ago,
A judge named R.M.Lodha was sitting here
Exactly at the same place where we are sitting today.
At that time this land was barren and dry
He was Chief Justice of India,
But he was given only two months time
To develop this large piece of land.
It was not possible to construct anything in two months
So in his mind, he designed a garden,
And spent two months in planting trees
And sowing seeds
At various points on this land.
Then he left at end of two months
But the plants and trees grew up into this garden
In 2022, these plants became full grown trees."
2)
"Where is this judge now?"
Asked Younger Lama
"He is there in ground below in 2014"
Elder Lama pointed out to a ground at footsteps of mountain
Younger Lama looked below in 2014
It looked like month of September
A crowd of lawyers and judges had gathered
In Supreme Court compound
It looked like farewell function for the judge
Every one was praising work of the judge
Everyone was wishing him happy retirement,
But inwardly everyone was happy that he was going.
Younger Lama asked
"Why everyone is looking happy that he is going?"
"Because after him,
No one was going to ask them to keep courts open
For 365 days a the year"
Elder Lama explained.
- Haresh Raichura
17/9/2014
In mountains of Himalayas,
Two Lama were sitting in a magnificent garden
Younger Lama asked,
"Who planted these beautiful trees and plants here?
Who created this garden?"
Elder Lama replied,
"Eight years ago,
A judge named R.M.Lodha was sitting here
Exactly at the same place where we are sitting today.
At that time this land was barren and dry
He was Chief Justice of India,
But he was given only two months time
To develop this large piece of land.
It was not possible to construct anything in two months
So in his mind, he designed a garden,
And spent two months in planting trees
And sowing seeds
At various points on this land.
Then he left at end of two months
But the plants and trees grew up into this garden
In 2022, these plants became full grown trees."
2)
"Where is this judge now?"
Asked Younger Lama
"He is there in ground below in 2014"
Elder Lama pointed out to a ground at footsteps of mountain
Younger Lama looked below in 2014
It looked like month of September
A crowd of lawyers and judges had gathered
In Supreme Court compound
It looked like farewell function for the judge
Every one was praising work of the judge
Everyone was wishing him happy retirement,
But inwardly everyone was happy that he was going.
Younger Lama asked
"Why everyone is looking happy that he is going?"
"Because after him,
No one was going to ask them to keep courts open
For 365 days a the year"
Elder Lama explained.
- Haresh Raichura
17/9/2014
September 16, 2014
3 Probable Reasons why Supreme Court asked name of whistle blower- a brief note
1) As per Supreme Court Rules, when a document is filed in Supreme Court, someone has to file affidavit that the Document is True copy of its original. Unless there is such affidavit, Supreme Court cannot direct respondent to admit or deny this document.
2) Suppose if document is found fudged or forged, then it will be contempt of court. Supreme Court must have name and address of person who may have misguided court with false document. Then only it can take contempt proceeding.
3) Disclosing name could be risky for whistle blower. So judges asked that name be given to Registrar General of Supreme Court.
This is my personal opinion.
Haresh Raichura
16/9/14
2) Suppose if document is found fudged or forged, then it will be contempt of court. Supreme Court must have name and address of person who may have misguided court with false document. Then only it can take contempt proceeding.
3) Disclosing name could be risky for whistle blower. So judges asked that name be given to Registrar General of Supreme Court.
This is my personal opinion.
Haresh Raichura
16/9/14
To hurt someone with words is also violence. To hurt someone in thoughts is also violence -Spiritual Journey
I read a short biography of Gandhiji written by a foreigner.
As per this book, in his Wardha Ashram, there was a signboard made of cloth on which truth and non violence were defined.
About non violence, physical non violence is one thing. The words and our behaviour to others should also contain non violence.
And here comes the acid test. In our mind also we should not hurt anyone with our thoughts.
It means, we have to watch our thoughts also.
Same is about Truth. Even in our mind we should not tell lies or to think falsehood.
This is the true non violence and practice of Truth.
This is what Gandhiji tried to practice.
It is a spiritual journey to practice this form of non violence.
This has nothing to do with politics. This is for self purification.
This is a one man journey.
Haresh Raichura
16/9/14
As per this book, in his Wardha Ashram, there was a signboard made of cloth on which truth and non violence were defined.
About non violence, physical non violence is one thing. The words and our behaviour to others should also contain non violence.
And here comes the acid test. In our mind also we should not hurt anyone with our thoughts.
It means, we have to watch our thoughts also.
Same is about Truth. Even in our mind we should not tell lies or to think falsehood.
This is the true non violence and practice of Truth.
This is what Gandhiji tried to practice.
It is a spiritual journey to practice this form of non violence.
This has nothing to do with politics. This is for self purification.
This is a one man journey.
Haresh Raichura
16/9/14
"Words can set fire", "Words can kill" - Two examples based on legal cases
1) Husband came home for lunch from his shop. Lunch was not as per his wishes. He said some words to his wife.
One hour later, wife had set herself on fire. She died. She was about 16 years of age.
Some words of her husband, set her on fire.
2) Quarrel over tap water between neighbours. Someone insulted some lady.
In evening fight broke out between families. One shouted "Kill him". The group in frenzy killed one person of other group.
Some words of someone killed someone.
The Point is:
The words can set fire. The words can kill.
Haresh Raichura
16/9/14
One hour later, wife had set herself on fire. She died. She was about 16 years of age.
Some words of her husband, set her on fire.
2) Quarrel over tap water between neighbours. Someone insulted some lady.
In evening fight broke out between families. One shouted "Kill him". The group in frenzy killed one person of other group.
Some words of someone killed someone.
The Point is:
The words can set fire. The words can kill.
Haresh Raichura
16/9/14
September 15, 2014
6 Reasons why Judicial Appointment Bill is against the Constitution #Knowhow
1) Under the Constitution of India, Judiciary is not placed under the Executive (Under Prime Minister or under President). Their salaries are directly paid from Treasury. No one can stop their salaries.
2) The Framers of Constitution had bitter experience of "Govt selected judges" during British Period.
They tried to ensure that judicial appointments in independant India does not have element of "Government Selected Judges".
They ensured this by saying that no judge will be appointed without consent of Chief Justice of India.
3) The government did not like this independence given to judiciary by Framers of Constitution of India.
So they used to block all appointments until Chief Justice agreed to appoint 50% "Govt Selected Judges". And this battles went on up to 1993.
4) The above problem was resolved by 5 judges in 1993 and 9 Judges in 1998 by evolving a collegium system.
5) The collegium system has some problems. These need to be addressed by Judiciary itself.
But these problems cannot be used as a ground to go back to pre 1993 position.
6) This will be against the framework of Constitution.
The framework cannot be altered by any constitutional amendment. Any such amendment of constitution can be struck down by any High Court or Supreme Court.
Such is the law as per my humble view.
Haresh Raichura
15/9/14
2) The Framers of Constitution had bitter experience of "Govt selected judges" during British Period.
They tried to ensure that judicial appointments in independant India does not have element of "Government Selected Judges".
They ensured this by saying that no judge will be appointed without consent of Chief Justice of India.
3) The government did not like this independence given to judiciary by Framers of Constitution of India.
So they used to block all appointments until Chief Justice agreed to appoint 50% "Govt Selected Judges". And this battles went on up to 1993.
4) The above problem was resolved by 5 judges in 1993 and 9 Judges in 1998 by evolving a collegium system.
5) The collegium system has some problems. These need to be addressed by Judiciary itself.
But these problems cannot be used as a ground to go back to pre 1993 position.
6) This will be against the framework of Constitution.
The framework cannot be altered by any constitutional amendment. Any such amendment of constitution can be struck down by any High Court or Supreme Court.
Such is the law as per my humble view.
Haresh Raichura
15/9/14
The Mouse which continues to fall in round hole, in spite of getting shocks every time #Gambler's Instinct
Psychologists noticed that the gamblers continue to play more and more even they may be losing every time.
What happens to their intelligence?
They made experiment on a mouse.
He was placed in a maze with two exit doors. One round and one square.
If he jumps from round hole, he used to get cheese. If he jumped from square door, he used to get mild electric shock.
After few trials, mouse learned that it is beneficial to jump through round hole. So now, every time, he jumped through round hole.
Then psychologists changed buttons.
If mouse jumped from round hole, he got a electric shock. If he jumped from Square hole, he got a cheese.
Mouse formed new rule.
He always began to jump from square hole from now onward.
Then again psychologists changed rule.
Sometimes they gave shock in round hole, sometimes in square hole.
Cheese was sometimes in round hole and sometimes in square hole.
The mouse was confused.
Then he finally he decided, whatever will happen, he will always jump through round hole.
So he kept jumping from round hole, even if he was given shock every time he jumped in round hole.
This is how gambler's instinct is formed in brain. Even if he keep losing every time, he will keep playing.
Haresh Raichura
15/9/14
What happens to their intelligence?
They made experiment on a mouse.
He was placed in a maze with two exit doors. One round and one square.
If he jumps from round hole, he used to get cheese. If he jumped from square door, he used to get mild electric shock.
After few trials, mouse learned that it is beneficial to jump through round hole. So now, every time, he jumped through round hole.
Then psychologists changed buttons.
If mouse jumped from round hole, he got a electric shock. If he jumped from Square hole, he got a cheese.
Mouse formed new rule.
He always began to jump from square hole from now onward.
Then again psychologists changed rule.
Sometimes they gave shock in round hole, sometimes in square hole.
Cheese was sometimes in round hole and sometimes in square hole.
The mouse was confused.
Then he finally he decided, whatever will happen, he will always jump through round hole.
So he kept jumping from round hole, even if he was given shock every time he jumped in round hole.
This is how gambler's instinct is formed in brain. Even if he keep losing every time, he will keep playing.
Haresh Raichura
15/9/14
Self improvement ideas need to be first tested against human fibres within us. -Brief Note
When a new self improvement idea is put into practice, it is resisted by our brain because of Neuro plasticity and neural pathways.
Brain has learned methods of doing what we are doing. These are Neuro paths.
Any change in these paths is resisted because of plasticity of neurons.
Sustained pressure for a number of days is needed before these neural paths can change. This is why changing one'a behaviour is difficult.
The new ideas of self improvements must be first put to test against these human fibres within our brain.
If they can make dent there, then only they can be useful.
Haresh Raichura
15/9/14
Brain has learned methods of doing what we are doing. These are Neuro paths.
Any change in these paths is resisted because of plasticity of neurons.
Sustained pressure for a number of days is needed before these neural paths can change. This is why changing one'a behaviour is difficult.
The new ideas of self improvements must be first put to test against these human fibres within our brain.
If they can make dent there, then only they can be useful.
Haresh Raichura
15/9/14
September 13, 2014
False F. I. R., Anticipatory Bail and problems of those who are in govt jobs or in multinational cos
Once a FIR is registered against a person who is in govt job or in multinational complany, the person runs fanatically for getting an anticipatory bail.
If he does not get anticipatory bail or pre arrest bail, his future is sealed.
Because even if he stays for two days in jail, he is suspended if in govt job and he loses his job permanently if he is in service of some multinational company.
The criteria for grant or non grant of anticipatory bail are very complex.
At this stage, it is very difficult for courts to decide whether complaint is false or not.
The consequences of non grant of pre arrest bail are vary serious for an accused. Loss of Job amounts to his civil death.
Haresh Raichura
13/9/14
If he does not get anticipatory bail or pre arrest bail, his future is sealed.
Because even if he stays for two days in jail, he is suspended if in govt job and he loses his job permanently if he is in service of some multinational company.
The criteria for grant or non grant of anticipatory bail are very complex.
At this stage, it is very difficult for courts to decide whether complaint is false or not.
The consequences of non grant of pre arrest bail are vary serious for an accused. Loss of Job amounts to his civil death.
Haresh Raichura
13/9/14
Two types of philosophies - one studies principles, another studies human activities. - David Hume
I was just reading David Hume's book on inquiry into human behaviours.
According to his analysis, there are two types of philosophers.
A) Those like Aristotle, who study principles and formulas.
B) Another type like Cicero, who study actual human behaviours and formulate laws on basis of actual studies.
B type philosophies are popular. But they keep changing. Human beings are like billiard balls. Reactions of human beings are unpredictable. And reactions of masses too change over years.
"A type" philosophies are less studied. They are less popular. People find difficulties in understanding principles and formulas. But these are permanent discoveries like laws of physics. They are immortal rules.
Both philosophies are important. Both should be respected. Just as State should sponsor, science and invention, it should also allocate funds for research of A type philosophies.
Haresh Raichura
13/9/2014
According to his analysis, there are two types of philosophers.
A) Those like Aristotle, who study principles and formulas.
B) Another type like Cicero, who study actual human behaviours and formulate laws on basis of actual studies.
B type philosophies are popular. But they keep changing. Human beings are like billiard balls. Reactions of human beings are unpredictable. And reactions of masses too change over years.
"A type" philosophies are less studied. They are less popular. People find difficulties in understanding principles and formulas. But these are permanent discoveries like laws of physics. They are immortal rules.
Both philosophies are important. Both should be respected. Just as State should sponsor, science and invention, it should also allocate funds for research of A type philosophies.
Haresh Raichura
13/9/2014
September 12, 2014
Life of a Divorce Case in India - 40 Years ? A brief memoir
Today someone tweeted to me about his bitter experience in court. He said his divorce case is going on since 5 years.. and yet there is no end.
This reminded me of hearing of a case which I had overheard in court.
This reminded me of hearing of a case which I had overheard in court.
Here the Divorce case was going on since 40 years. Once parties may have reached to Supreme Court and matter could have been remanded.. This may have taken so many years.
Judges asked about what parties were doing?
It appeared that husband and wife both were highly educated and rich doctors. Husband wanted divorce. Wife was refusing divorce.
Legal battles kept going on for 40 years.
I do not remember what further happened in case. Probably, Supreme Court must have put a quietus on the litigation by confirming divorce granted by courts below.
The Point is :
If a divorce case keep going on for more years, woman and man both lose their valuable years of life.
Judges asked about what parties were doing?
It appeared that husband and wife both were highly educated and rich doctors. Husband wanted divorce. Wife was refusing divorce.
Legal battles kept going on for 40 years.
I do not remember what further happened in case. Probably, Supreme Court must have put a quietus on the litigation by confirming divorce granted by courts below.
The Point is :
If a divorce case keep going on for more years, woman and man both lose their valuable years of life.
Laws take time to change. The courts have to do something about fixing maximum life of a divorce case.
Haresh Raichura
12/9/14
Haresh Raichura
12/9/14
September 9, 2014
Our brain contains multiple "I". Our morning "I" resolves something. Our evening "I" refuses to keep the resolve - A Russian philosopher
In 1920, a Russian philosopher Gurdjieff propounded philosophy of multiple "I" living in our consciousness.
Our morning "I" may resolve to do something. Our evening "I" may refuse to keep it.
Imagine a big house having several servants. When telephone bell rings, any of the servant can lift the phone. Since there is no master present in house, every servant behaves as if he is the boss and he answers phone as per his wishes.
This is the condition of our mind. Hundreds of "I" live there. At different times, different "I" dominates our behaviour with the outer world.
The Challenge
The big challenge is to appoint a Deputy Servant who can order all other servant to work harmoniously.
This requires training to bring harmony among all our "I" living in our consciousness.
How does this knowledge help?
Sometimes, we are surprised at our own behaviour. Sometimes we act like a wise person. Sometimes we act like a foolish person.
This brings up a feeling of guilt in our mind. We feel sorry that we acted inconsistently. We feel sorry that we could not keep our our resolves.
The knowledge of multiple "I" liberates us. Once we realise that there can be many "I" living in our mind, we can understand why we are behaving inconsistently.
This brings peace to our mind.
Once we are peaceful we can try to bring harmony among our conflicting "I".
Haresh Raichura
10/9/14
Our morning "I" may resolve to do something. Our evening "I" may refuse to keep it.
Imagine a big house having several servants. When telephone bell rings, any of the servant can lift the phone. Since there is no master present in house, every servant behaves as if he is the boss and he answers phone as per his wishes.
This is the condition of our mind. Hundreds of "I" live there. At different times, different "I" dominates our behaviour with the outer world.
The Challenge
The big challenge is to appoint a Deputy Servant who can order all other servant to work harmoniously.
This requires training to bring harmony among all our "I" living in our consciousness.
How does this knowledge help?
Sometimes, we are surprised at our own behaviour. Sometimes we act like a wise person. Sometimes we act like a foolish person.
This brings up a feeling of guilt in our mind. We feel sorry that we acted inconsistently. We feel sorry that we could not keep our our resolves.
The knowledge of multiple "I" liberates us. Once we realise that there can be many "I" living in our mind, we can understand why we are behaving inconsistently.
This brings peace to our mind.
Once we are peaceful we can try to bring harmony among our conflicting "I".
Haresh Raichura
10/9/14
"I Will Give My Best to Every Case"- A junior lawyer resolved when he joined bar. #Inspiration
The Supreme Court Judge was speaking at a farewell function hosted by Supreme Court Bar Assiliciation.
He was talking about his early days as a junior lawyer.
He said to young lawyers, "I did not join legal profession as my choice.
I could not get admission in Engineering College, hence I did LL. B. and joined legal profession.
From the first day, I decided to give your my best to every case. This resolve, I maintained throughout my life.
If you are looking for an easy life, this profession may not be for you. You must be prepared to work hard if you have joined legal profession."
Haresh Raichura
8/9/14
He was talking about his early days as a junior lawyer.
He said to young lawyers, "I did not join legal profession as my choice.
I could not get admission in Engineering College, hence I did LL. B. and joined legal profession.
From the first day, I decided to give your my best to every case. This resolve, I maintained throughout my life.
If you are looking for an easy life, this profession may not be for you. You must be prepared to work hard if you have joined legal profession."
Haresh Raichura
8/9/14
September 8, 2014
Land Acquisition - HC not justified in deducting 1/3 value for development charge where...
Land Acquisition Case
High Court not justified in deducting 1/3 value for development charge where valuation based on value given in earlier judgement.
Supreme Court modified award accordingly.
Subhash Chander case 2014 (9) SCALE 295
Haresh Raichura
8/9/14
High Court not justified in deducting 1/3 value for development charge where valuation based on value given in earlier judgement.
Supreme Court modified award accordingly.
Subhash Chander case 2014 (9) SCALE 295
Haresh Raichura
8/9/14
Potency Tests : In rape cases and in Family cases where impotency is alleged.- Short Summary
There are various types of potency tests.
In cases involving allegations of sexual assaults, the Court would naturally like to know if the accused was in fact capable of performing sex.
If the potency test is positive, then this point is proved.
Whether accused can be forced to give such test or not is a matter of further debate.
But if Accused says No to such test, the court can presume that he is potent and therefore he is avoiding test.
This can be taken as one of the several factors against accused.
So if an Accused says No to such potency test, it harms his case equally. No benefit by refusing such test.
Haresh Raichura
8/9/14
In cases involving allegations of sexual assaults, the Court would naturally like to know if the accused was in fact capable of performing sex.
If the potency test is positive, then this point is proved.
Whether accused can be forced to give such test or not is a matter of further debate.
But if Accused says No to such test, the court can presume that he is potent and therefore he is avoiding test.
This can be taken as one of the several factors against accused.
So if an Accused says No to such potency test, it harms his case equally. No benefit by refusing such test.
Haresh Raichura
8/9/14
September 2, 2014
Is police bound to REGISTER copy of a Landlord-Tenant Agreement - An Experience #Knowhow
Once I had rented a house.
A landlord -tenant Agreement was signed and registered in document registrar's office.
The landlord wanted further assurance.
He suggested that I should give a copy of agreement in police station and should obtain their receipt.
I went to police station.
Initially, police was refusing to accept and refused to receive copy of agreement.
But after persuasion, it accepted and gave me receipt.
Two Principles
1) Since this was neither a complaint, not information of any crime, police was right in refusing to receive copy of agreement.
2) But police is bound to keep itself informed about tenants for prevention of crime on elderly landlord. Therefore, police was bound to receive copy this agreement.
Haresh Raichura
2/9/14
A landlord -tenant Agreement was signed and registered in document registrar's office.
The landlord wanted further assurance.
He suggested that I should give a copy of agreement in police station and should obtain their receipt.
I went to police station.
Initially, police was refusing to accept and refused to receive copy of agreement.
But after persuasion, it accepted and gave me receipt.
Two Principles
1) Since this was neither a complaint, not information of any crime, police was right in refusing to receive copy of agreement.
2) But police is bound to keep itself informed about tenants for prevention of crime on elderly landlord. Therefore, police was bound to receive copy this agreement.
Haresh Raichura
2/9/14
Difference between FIR and a General Register Entry in a Police Station #Knowhow
All complaints and informations received in a Police Station are entered in some general register.
Here, police may give an Inward Receipt Number to informant.
But this is not same as a FIR (First Information of Crime Register).
Here, after registering inward number, no time bound procedures appear to follow..
xxxxxxxxxx
FIR..
It is only when police applies mind to complaint and decides that some crime has happened, it is required to be registered as FIR.
Once a FIR is registered, the police has to take certain time bound steps. .....
A copy of FIR is to be sent to Magistrate in next 24 hours....
Investigation of FIR is to be completed in 90 days....
A final report is to be given to Magistrate in 90 days.
Etc.
These are the main differences. FIR sets criminal law into motion. General Inward number does not do so.
Haresh Raichura
2/9/14
Here, police may give an Inward Receipt Number to informant.
But this is not same as a FIR (First Information of Crime Register).
Here, after registering inward number, no time bound procedures appear to follow..
xxxxxxxxxx
FIR..
It is only when police applies mind to complaint and decides that some crime has happened, it is required to be registered as FIR.
Once a FIR is registered, the police has to take certain time bound steps. .....
A copy of FIR is to be sent to Magistrate in next 24 hours....
Investigation of FIR is to be completed in 90 days....
A final report is to be given to Magistrate in 90 days.
Etc.
These are the main differences. FIR sets criminal law into motion. General Inward number does not do so.
Haresh Raichura
2/9/14
September 1, 2014
SC: Lawyers not supposed to wear counsel's dress when arguing a PIL filed in his/her/their own name.
Sometimes lawyers also file public interest litigation under their own name.
There is nothing wrong in this. The lawyers are supposed to be warriors and it is good if they bring to notice of court causes of larger public interest.
But here he cannot argue in court while wearing a coat, gown or dress meant to be worn by lawyers. Bar council rules prohibits a lawyer to appear a as lawyer in any case where his name is shown as party in case.
Today, Supreme Court took this exception while hearing a PIL filed by a lawyer.
Haresh Raichura
1/9/2014
There is nothing wrong in this. The lawyers are supposed to be warriors and it is good if they bring to notice of court causes of larger public interest.
But here he cannot argue in court while wearing a coat, gown or dress meant to be worn by lawyers. Bar council rules prohibits a lawyer to appear a as lawyer in any case where his name is shown as party in case.
Today, Supreme Court took this exception while hearing a PIL filed by a lawyer.
Haresh Raichura
1/9/2014
PIL in Supreme Court : For Leprosy affected millions of people and their children in India
Supreme Court has entertained public interest petition for protection of fundamental rights of leprosy affected millions of people and their children in India
Some of the grievances are:
1) Since 1981, the drugs are available which can completely cure leprosy. But these drugs are not reaching to poor patients in India.
2) Children of Leprosy affected people are not getting admissions in school.
3) Separate Rehabilitation-Colony should be set up where such people can stay till their disease is cured with medicines.
There are also many such other issues also which Supreme Court has taken up for considering.
Haresh Raichura
1/9/2014
Some of the grievances are:
1) Since 1981, the drugs are available which can completely cure leprosy. But these drugs are not reaching to poor patients in India.
2) Children of Leprosy affected people are not getting admissions in school.
3) Separate Rehabilitation-Colony should be set up where such people can stay till their disease is cured with medicines.
There are also many such other issues also which Supreme Court has taken up for considering.
Haresh Raichura
1/9/2014
Three Ways to protect Society : When under trial prisoners are released on bail on ground that the jails are..
1) Such release from jail should be better under an Order of Court rather than through an order of Jail Authority.
Because when a prisoner is released on bail by a court, any person can apply to court to cancel such bail, if prisoner is engaging in other crimes while released on bail.
Public prosecutor can also apply for cancellation of such bail.
2) GPS enabled leg-cuffs to monitor movement of prisoner when he is on bail. Technology has advanced. Movements of such persons need to to be tracked through GPS enabled devices.
3) When a court grants bail, it is usual condition that Prisoner shall report to Police Station at every 15 days and will keep police informed about his change of address. This helps police to keep vigilance over them.
Such precautions can help society against release of such prisoners.
Haresh Raichura
1/9/1014
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