If you put up a temporary construction on rooftop of your house, it may not be taxable for house tax purpose.
But if you put up a mobile tower, and start earning rent from it, it is a different matter.
Some High Courts have taken view that it is "building" and therefore house tax is payable.
Some other High Courts have taken view that it is "Temporary Structure" therefore not a "building", and therefore not liable to house tax.
Supreme Court has yet to decide this issue.
Haresh Raichura
26/11/14
Copyright : Haresh Raichura 2014. All Rights reserved.
November 26, 2014
November 23, 2014
"General public is hereby informed that one unknown person (Not disclosing his name and whereabouts) aged about..
Police advertisement in Today's newspaper read as under:
"General public is hereby informed that one unknown person (Not disclosing his name and whereabouts) aged about 60, was arrested in connection with allegation of involvement in a kidnapping case. He was given bail by court. But since he is not disclosing his name whereabouts and sureties, he is kept in judicial custody. General Public is requested to inform his identification from photo published herewith"
This was substance of an advertisement issued by police in Times of India dated 23.11.2014.
But behind this, lay deep stories of pain and miseries of poor who are too poor to defend themselves.
They have no money to pay lawyers.
They do not disclose their names, often with fear that police or some other goons may harm their family.
Sometimes they are "Bonded Labourers" of Bigger Criminals.
Sometimes they are deserted by their families.
They live alone on an island, cut off from social ties.
Last year, I had a case of a poor woman.
Somebody had sent her papers. Somebody had paid expanses for filing papers in Supreme Court. We lawyers are also supposed to help poor and needy without charging fees.
I took her case.
Supreme Court granted her bail.
But even thereafter, she remained in jail as no one was coming forward to give sureties.
The person who had come to give papers had stopped contacting.
I had no other contacts or address of any of her relatives.
She continued to be in jail inspite of order of Supreme Court granting bail.
After nine months, I passed a warning to the person who had sent me papers that I am going to mention this matter to Supreme Court Judges by filing an application.
He immediately conveyed that I should not do so since they are doing needful to release the woman from jail.
A week later I was told that some one had furnished sureties and she was released from jail.
The case still remains in darkness for me.
There are many such cases in which even lawyers do not know much about their clients.
Haresh Raichura
23/11/14
Copyright : Haresh Raichura 2014. All Rights reserved.
"General public is hereby informed that one unknown person (Not disclosing his name and whereabouts) aged about 60, was arrested in connection with allegation of involvement in a kidnapping case. He was given bail by court. But since he is not disclosing his name whereabouts and sureties, he is kept in judicial custody. General Public is requested to inform his identification from photo published herewith"
This was substance of an advertisement issued by police in Times of India dated 23.11.2014.
But behind this, lay deep stories of pain and miseries of poor who are too poor to defend themselves.
They have no money to pay lawyers.
They do not disclose their names, often with fear that police or some other goons may harm their family.
Sometimes they are "Bonded Labourers" of Bigger Criminals.
Sometimes they are deserted by their families.
They live alone on an island, cut off from social ties.
Last year, I had a case of a poor woman.
Somebody had sent her papers. Somebody had paid expanses for filing papers in Supreme Court. We lawyers are also supposed to help poor and needy without charging fees.
I took her case.
Supreme Court granted her bail.
But even thereafter, she remained in jail as no one was coming forward to give sureties.
The person who had come to give papers had stopped contacting.
I had no other contacts or address of any of her relatives.
She continued to be in jail inspite of order of Supreme Court granting bail.
After nine months, I passed a warning to the person who had sent me papers that I am going to mention this matter to Supreme Court Judges by filing an application.
He immediately conveyed that I should not do so since they are doing needful to release the woman from jail.
A week later I was told that some one had furnished sureties and she was released from jail.
The case still remains in darkness for me.
There are many such cases in which even lawyers do not know much about their clients.
Haresh Raichura
23/11/14
Copyright : Haresh Raichura 2014. All Rights reserved.
November 18, 2014
Indian Law which needs reconsideration - Sec.149 IPC - An accused can be sent to life even if nothing is done by him
An accused can be sent to life even if nothing is done by him-
A Law in India, which needs some reconsideration -
Sec.149 IPC -
This is a serious provision. Many in jail say that they are innocent, though they had done nothing, they are wrongly sent to jail. They say that their appeals are wrongly dismissed by High Court and Supreme Court.
WHAT IS THIS PROVISION ?
It is sec 149 of IPC.
Suppose few friends decide to go and beat up some rival.
And they actually go.
Now they are no more a "Group of Friends"... They have now become an "Unlawful Assembly" as per provisions of law.
In an Unlawful assembly, each person is liable equally for act of every other person.
It is like partnership firm in civil law. Each partner is liable for all acts of all other partners.
Now, instead of Beating up only, one friend goes overboard and kills the victim.
Now the Whole Group of Friends go to Life Imprisionment.
Even the person who did nothing except accompanying friends, goes in jail.
This is the Law
How this law can be improved or changed?
This law is here since hundreds of years. To change this law is not easy.
I heard an argument in Supreme Court a month ago. This argument prompts me to write this blog.
Case was :-
In a small village, a group of 20 to 25 people killed a man.
No one from village came to give evidence.
But relatives of deceased did gave evidence and gave names of 29 persons as assailants.
The trial court sent all 29 persons to life imprisionment.
It said, there is no reason why relatives of deceased will implicate any innocent person.
There is no reason available on record to disbelieve these eye witnesses (Relative Eye Witnesses)
High Court mechanically confirmed conviction.
Now arguments were in Supreme Court. The Last Court of India.
The arguing senior advocate was also a retired High Court Judge.
When he was judge, he had convicted many in this same way.
But now he was advocate. He was looking at case from perspectives of convicted. He was now thinking differently.
His following arguments touched me:
THREE ARGUMENTS
1) He said, I am lawyer, but I am also an officer of this court. It is my duty to assist court in doing justice.
I find that there is something seriously wrong in this case. Some of these 29, some must have been wrongly implicated by relatives for reasons best known to them.
2) High Court has not done its duty as a First Appellate Court.
It has not examined evidence carefully against each accused.
It just confirmed conviction by saying that in Sec. 149, it is not necessary that each accused must have done something.
3) Then he argued Law.
He said, 149 is in two parts.
A) Accused must be part of an unlawfully assembly
B) Secondly, after this is proved, a Judge has to reach a Subjective conclusion about guilt of each accused.
He said, most courts in India, are not doing their duty by examining second B part of this section.
At this stage, the hearing got adjourned. Judges asked counsel to prepare a chart of each of 29 convicts and evidence found against each of them.
I do not know what happened on next day of hearing in this case as I was too busy with many unimportant work.
A Law in India, which needs some reconsideration -
Sec.149 IPC -
This is a serious provision. Many in jail say that they are innocent, though they had done nothing, they are wrongly sent to jail. They say that their appeals are wrongly dismissed by High Court and Supreme Court.
WHAT IS THIS PROVISION ?
It is sec 149 of IPC.
Suppose few friends decide to go and beat up some rival.
And they actually go.
Now they are no more a "Group of Friends"... They have now become an "Unlawful Assembly" as per provisions of law.
In an Unlawful assembly, each person is liable equally for act of every other person.
It is like partnership firm in civil law. Each partner is liable for all acts of all other partners.
Now, instead of Beating up only, one friend goes overboard and kills the victim.
Now the Whole Group of Friends go to Life Imprisionment.
Even the person who did nothing except accompanying friends, goes in jail.
This is the Law
How this law can be improved or changed?
This law is here since hundreds of years. To change this law is not easy.
I heard an argument in Supreme Court a month ago. This argument prompts me to write this blog.
Case was :-
In a small village, a group of 20 to 25 people killed a man.
No one from village came to give evidence.
But relatives of deceased did gave evidence and gave names of 29 persons as assailants.
The trial court sent all 29 persons to life imprisionment.
It said, there is no reason why relatives of deceased will implicate any innocent person.
There is no reason available on record to disbelieve these eye witnesses (Relative Eye Witnesses)
High Court mechanically confirmed conviction.
Now arguments were in Supreme Court. The Last Court of India.
The arguing senior advocate was also a retired High Court Judge.
When he was judge, he had convicted many in this same way.
But now he was advocate. He was looking at case from perspectives of convicted. He was now thinking differently.
His following arguments touched me:
THREE ARGUMENTS
1) He said, I am lawyer, but I am also an officer of this court. It is my duty to assist court in doing justice.
I find that there is something seriously wrong in this case. Some of these 29, some must have been wrongly implicated by relatives for reasons best known to them.
2) High Court has not done its duty as a First Appellate Court.
It has not examined evidence carefully against each accused.
It just confirmed conviction by saying that in Sec. 149, it is not necessary that each accused must have done something.
3) Then he argued Law.
He said, 149 is in two parts.
A) Accused must be part of an unlawfully assembly
B) Secondly, after this is proved, a Judge has to reach a Subjective conclusion about guilt of each accused.
He said, most courts in India, are not doing their duty by examining second B part of this section.
At this stage, the hearing got adjourned. Judges asked counsel to prepare a chart of each of 29 convicts and evidence found against each of them.
I do not know what happened on next day of hearing in this case as I was too busy with many unimportant work.
I could not keep track of the case.
But a feeling kept lingering in my mind that the law here needs some more care.
Hence, today I have written this short blog. I hope it will reach to people who matters.
Haresh Raichura
18/11/14
Copyright : Haresh Raichura 2014. All Rights reserved.
But a feeling kept lingering in my mind that the law here needs some more care.
Hence, today I have written this short blog. I hope it will reach to people who matters.
Haresh Raichura
18/11/14
Copyright : Haresh Raichura 2014. All Rights reserved.
November 17, 2014
All reservations put together SHOULD NOT EXCEED 50% - A must read for general category people
FIRST SOME TROUBLING QUESTIONS
Why all these reservations in government jobs?
Why not all be treated as equal?
Why meritorious people are rejected in government jobs and why much less meritorious people are given jobs in name of reservation?
Where will general category people go if 100% Reservations are kept in govt jobs and promotion?
ANSWERS :-
We are paying for sins committed by our ancestors. They believed in caste system. Several caste people were treated UNTOUCHABLE. They were not allowed even to take water from a public well. They were not allowed to study education.
They remained crushed for centuries.
CONEPT OF AFFIRMATIVE ACTIONS
The State should confer extra and special benefits to such crushed people. They should be given jobs so that they can uplift themselves. They should be given better level playing field so that they can compete with BETTER CASTE people.
This is how RESERVATIONS are born.
SOME EVEN MORE TROUBLING QUESTIONS
For how many years, these RESERVATIONS will continue ? What about sons and daughters of IAS, Doctors, Lawyers of Schedule Caste? Why are they being given benefit of reservations when their parents have already procured high positions in society?
SUPREME COURT VIEWS
Supreme Court has already made two things clear :-
1) CREAMY LAYER cannot get benefit of RESERVATIONS. The wards of IAS, Doctors, Lawyers etc etc, even if they belong to category of RESERVED class, they cannot get benefit of reservations.
2) All kinds of RESERVATIONS IN GOVT JOBS SHOULD NOT EXCEED 50%. In other words 50% of jobs must be kept for general category of people.
WHAT CAN BE DONE
WHEN MANY STATES ARE PASSING LAWS TO PROVIDE FOR TOTAL RESERVATIONS MORE THAN 50% and sometimes even more than 77% ?
Understand this. All States are not happy with the directions of Supreme Court to observe ceiling of 50% in total reservations.
Some of them are also not happy with directions of Supreme Court to deny benefits to creamy layers.
So they keep passing laws which are in defiance of judgements of Supreme Court.
THE BURDEN TO FIGHT BACK
It is for General Category Candidates to challenge such laws in courts.
They should not keep wishing that Government will take up their cause and will fight for them.
The Government cannot fight for them because it has political vote bank compulsions.
Burden is on ordinary people to go to court and to complain to Supreme Court or to High Court.
God helps those who help themselves.
Haresh Raichura
17/11/14
Copyright : Haresh Raichura 2014. All Rights reserved.
Why all these reservations in government jobs?
Why not all be treated as equal?
Why meritorious people are rejected in government jobs and why much less meritorious people are given jobs in name of reservation?
Where will general category people go if 100% Reservations are kept in govt jobs and promotion?
ANSWERS :-
We are paying for sins committed by our ancestors. They believed in caste system. Several caste people were treated UNTOUCHABLE. They were not allowed even to take water from a public well. They were not allowed to study education.
They remained crushed for centuries.
CONEPT OF AFFIRMATIVE ACTIONS
The State should confer extra and special benefits to such crushed people. They should be given jobs so that they can uplift themselves. They should be given better level playing field so that they can compete with BETTER CASTE people.
This is how RESERVATIONS are born.
SOME EVEN MORE TROUBLING QUESTIONS
For how many years, these RESERVATIONS will continue ? What about sons and daughters of IAS, Doctors, Lawyers of Schedule Caste? Why are they being given benefit of reservations when their parents have already procured high positions in society?
SUPREME COURT VIEWS
Supreme Court has already made two things clear :-
1) CREAMY LAYER cannot get benefit of RESERVATIONS. The wards of IAS, Doctors, Lawyers etc etc, even if they belong to category of RESERVED class, they cannot get benefit of reservations.
2) All kinds of RESERVATIONS IN GOVT JOBS SHOULD NOT EXCEED 50%. In other words 50% of jobs must be kept for general category of people.
WHAT CAN BE DONE
WHEN MANY STATES ARE PASSING LAWS TO PROVIDE FOR TOTAL RESERVATIONS MORE THAN 50% and sometimes even more than 77% ?
Understand this. All States are not happy with the directions of Supreme Court to observe ceiling of 50% in total reservations.
Some of them are also not happy with directions of Supreme Court to deny benefits to creamy layers.
So they keep passing laws which are in defiance of judgements of Supreme Court.
THE BURDEN TO FIGHT BACK
It is for General Category Candidates to challenge such laws in courts.
They should not keep wishing that Government will take up their cause and will fight for them.
The Government cannot fight for them because it has political vote bank compulsions.
Burden is on ordinary people to go to court and to complain to Supreme Court or to High Court.
God helps those who help themselves.
Haresh Raichura
17/11/14
Copyright : Haresh Raichura 2014. All Rights reserved.
November 14, 2014
Words to Live By - "Water runs smooth where it is deep" - a Shakespearean Quote which saved many times
About 40 years ago, I had read a book of quotations from Shakespeare.
Some of the quotations stuck in my mind instantly.
One was "Water runs smooth where it is deep." ... When everything looks completely OK, there may be some danger lurking in background...
We cannot see all things. And yet we have to take decisions.
We see that water is smooth. We are tempted to jump in it to swim.
But here the warning comes.
Here, the water could be deep or there may be some lurking danger about which we may not be yet aware.
Yesterday, I was about to make a big investment in property. Everything looked perfectly ok.
Then this Shakespearean quotation came to find. Water may be deep here because everything looks so smooth.
Deferred my decisions. And then I recognised the deep danger involved. I cancelled decision instantly.
I think this Shakespearean Quote has helped me many times in past.
Hence, today, I acknowledge usefulness of this quote.
Haresh Raichura
14/11/14
Copyright : Haresh Raichura 2014. All Rights reserved.
Some of the quotations stuck in my mind instantly.
One was "Water runs smooth where it is deep." ... When everything looks completely OK, there may be some danger lurking in background...
We cannot see all things. And yet we have to take decisions.
We see that water is smooth. We are tempted to jump in it to swim.
But here the warning comes.
Here, the water could be deep or there may be some lurking danger about which we may not be yet aware.
Yesterday, I was about to make a big investment in property. Everything looked perfectly ok.
Then this Shakespearean quotation came to find. Water may be deep here because everything looks so smooth.
Deferred my decisions. And then I recognised the deep danger involved. I cancelled decision instantly.
I think this Shakespearean Quote has helped me many times in past.
Hence, today, I acknowledge usefulness of this quote.
Haresh Raichura
14/11/14
Copyright : Haresh Raichura 2014. All Rights reserved.
November 11, 2014
Prosecuting Company Directors for publishing FALSE statements in Prospectus - Criminal Cases
Under Company Law, there are provisions under which, a criminal case can be filed against Directors of Company for making False Claims, giving false informations in PROSPECTUS.
Because on basis of such prospectus, the share holders and investors invest in companies. Sometimes they feel they are duped and cheated.
But such cases should be filed at earliest.
Sometimes it takes years for shareholders to find that the company is not using funds for purpose set out in prospectus.
The Limitations for filing complaint starts from the DATE OF KNOWLEDGE OF FRAUD or FALSE STATEMENT IN PROSPECTUS for purpose of filing criminal case under Sec. 63, 628 of Companies Act as per several decided cases. The relevant case laws should be checked before filing a complaint.
Haresh Raichura
11/11/2014
Copyright : Haresh Raichura 2014. All Rights reserved.
Because on basis of such prospectus, the share holders and investors invest in companies. Sometimes they feel they are duped and cheated.
But such cases should be filed at earliest.
Sometimes it takes years for shareholders to find that the company is not using funds for purpose set out in prospectus.
The Limitations for filing complaint starts from the DATE OF KNOWLEDGE OF FRAUD or FALSE STATEMENT IN PROSPECTUS for purpose of filing criminal case under Sec. 63, 628 of Companies Act as per several decided cases. The relevant case laws should be checked before filing a complaint.
Haresh Raichura
11/11/2014
Copyright : Haresh Raichura 2014. All Rights reserved.
Three Differences in Relations : Sudama-Krishna, Arjuna-Krishna and We- Krishna - A brief note
Krisna did not ask Sudama, "How are you doing? What can I do for you?" He just gave him warmth of a childhood friend and then without asking him, He removed poverty of Sudama.
To Arjuna, He was different. He first criticised Arjun for his cowardice and told him that his thoughts were not befitting to him. Then He coached him and encouraged him to fight. Finally, He reasons with Arjuna. He resolves Arjuna's doubts one by one. And in conclusion, asks Arjuna to do what he may think fit.
To us, He is still different. He says, in whatever form we may worship Him, He shall reinforce our faith in him.
His teachings are around since 5000 years. Generations have questioned, doubted His words, but then chosen to believe in him, and they passed on their message to next generations.
And in this way, He is with us today through his teachings.
To us also His message is, "Do not tell about my message to those who do not respect Me. They will only weaken your trust in Me. What I have said to you is a way of life. It is for you to decide. You are free to do what you think fit."
The relations between Him and us are a little different. The relationship is based on knowledge, faith and on how we walk on path suggested by Him. The path itself rewards its followers.
Haresh Raichura
11/11/14
Copyright : Haresh Raichura 2014 All Rights Reserved
To Arjuna, He was different. He first criticised Arjun for his cowardice and told him that his thoughts were not befitting to him. Then He coached him and encouraged him to fight. Finally, He reasons with Arjuna. He resolves Arjuna's doubts one by one. And in conclusion, asks Arjuna to do what he may think fit.
To us, He is still different. He says, in whatever form we may worship Him, He shall reinforce our faith in him.
His teachings are around since 5000 years. Generations have questioned, doubted His words, but then chosen to believe in him, and they passed on their message to next generations.
And in this way, He is with us today through his teachings.
To us also His message is, "Do not tell about my message to those who do not respect Me. They will only weaken your trust in Me. What I have said to you is a way of life. It is for you to decide. You are free to do what you think fit."
The relations between Him and us are a little different. The relationship is based on knowledge, faith and on how we walk on path suggested by Him. The path itself rewards its followers.
Haresh Raichura
11/11/14
Copyright : Haresh Raichura 2014 All Rights Reserved
November 10, 2014
Brief Story : Value of a hair of a moustache and value of habit of keeping one's word
This story has practical value. Lesson from the story has helped me in getting loan for for buying properties in past.
I therefore restate this story for whatever worth it is.
STORY
Many years ago, in a small village a man with a big moustache used to live. He was proud of his moustache. He used to care a lot about trimming and shaping of his moustache. His pointed moustache was his personality.
One day he was in financial needs. He went to a money lender and asked for loan.
The money lender asked,"What will you pledge as security if I give you loan?"
"I am willing to pledge ONE hair of my moustache if you are willing to give me loan of Rs.1 Lakh" said the man.
Money Lender thought for a while and then granted him loan. The man pulled out one hair from his moustache and pledged it.
Next day, another man heard about this. He too used to keep a big moustache. He went to Money Lender and asked him for loan of Rs. 1 lakh in lieu of two hairs of his moustache.
The Money Lender kicked him out.
LESSON OF THE STORY
The key to the story is not the "hair of moustache". The key to story is "Value of Word of mouth of a Man"
The first man in the story always used to keep his word. His words were as valuable to him as his pointed moustache. He could be trusted. Therefore money lender gave him loan.
The second man was not very serious about his words. He thought that money lender was a fool to grant loan in lieu of a hair of moustache. The money lender rightly kicked him out though he had offered to pledge two hairs of his moustache.
PRACTICAL VALUE OF THIS STORY
The point of this story is, if we make a habit of keeping our word, it pays in long run.
Haresh Raichura
10/11/14
Copyright : Haresh Raichura 2014 All Rights Reserved
I therefore restate this story for whatever worth it is.
STORY
Many years ago, in a small village a man with a big moustache used to live. He was proud of his moustache. He used to care a lot about trimming and shaping of his moustache. His pointed moustache was his personality.
One day he was in financial needs. He went to a money lender and asked for loan.
The money lender asked,"What will you pledge as security if I give you loan?"
"I am willing to pledge ONE hair of my moustache if you are willing to give me loan of Rs.1 Lakh" said the man.
Money Lender thought for a while and then granted him loan. The man pulled out one hair from his moustache and pledged it.
Next day, another man heard about this. He too used to keep a big moustache. He went to Money Lender and asked him for loan of Rs. 1 lakh in lieu of two hairs of his moustache.
The Money Lender kicked him out.
LESSON OF THE STORY
The key to the story is not the "hair of moustache". The key to story is "Value of Word of mouth of a Man"
The first man in the story always used to keep his word. His words were as valuable to him as his pointed moustache. He could be trusted. Therefore money lender gave him loan.
The second man was not very serious about his words. He thought that money lender was a fool to grant loan in lieu of a hair of moustache. The money lender rightly kicked him out though he had offered to pledge two hairs of his moustache.
PRACTICAL VALUE OF THIS STORY
The point of this story is, if we make a habit of keeping our word, it pays in long run.
Haresh Raichura
10/11/14
Copyright : Haresh Raichura 2014 All Rights Reserved
November 9, 2014
Few Young Employees Know : Bonds obtained by Companies binding Employees to serve 2 or 3 years compulsorily, cannot be enforced if against law
Companies often hire young and bright employees to serve in their company. They often spend a lot in giving them training and experience on job.
If after two years, the employee walks away, the company's expenditure on training this employee is lost.
Therefore, many companies obtain a Bond on stamp paper from employee that he or she will not leave company before 2, 3 or 5 years.
Sometimes it is part of service contract that Employee will not leave job without giving 3 months advance notice.
How far these agreements or bonds are valid if challenged in Court? Will Court force employee to SERVE EMPLOYER AS PER TERMS OF AGREEMENT?
1) Basic Law : All such bond and agreements are agreements to perform PERSONAL SERVICES. Normally courts have no power to enforce Personal Service of an employee. Normally, it cannot direct that an Employee will have to serve for prescribed period.
2) Most of such agreements have a clause that employee will pay certain damages to employer if he or she will leave job earlier than agreed. If the amount so agreed, looks reasonable, the court may order employee to pay damages agreed. But is such amount is too high, exorbitant, exploitative .. then the Court may refuse to order such amount as agreed in bond. Instead it will pass order of some amount which may look reasonable to court.
But all said and done, an employee cannot be forced to serve against his will even if he may have so agreed by furnishing a signed stamped bond paper.
Another Important Question : What can be done if some big company is taking bonds from employees and forcing them to sign to pay Huge Amount if they have to leave job for some reason before bond period is over ?
If after two years, the employee walks away, the company's expenditure on training this employee is lost.
Therefore, many companies obtain a Bond on stamp paper from employee that he or she will not leave company before 2, 3 or 5 years.
Sometimes it is part of service contract that Employee will not leave job without giving 3 months advance notice.
How far these agreements or bonds are valid if challenged in Court? Will Court force employee to SERVE EMPLOYER AS PER TERMS OF AGREEMENT?
1) Basic Law : All such bond and agreements are agreements to perform PERSONAL SERVICES. Normally courts have no power to enforce Personal Service of an employee. Normally, it cannot direct that an Employee will have to serve for prescribed period.
2) Most of such agreements have a clause that employee will pay certain damages to employer if he or she will leave job earlier than agreed. If the amount so agreed, looks reasonable, the court may order employee to pay damages agreed. But is such amount is too high, exorbitant, exploitative .. then the Court may refuse to order such amount as agreed in bond. Instead it will pass order of some amount which may look reasonable to court.
But all said and done, an employee cannot be forced to serve against his will even if he may have so agreed by furnishing a signed stamped bond paper.
Another Important Question : What can be done if some big company is taking bonds from employees and forcing them to sign to pay Huge Amount if they have to leave job for some reason before bond period is over ?
1) No Employee may come forward to challenge such boards in a Court of Law. Because, this can mar their future career. They will not get job in future in other companies also if they go to court to challenge conditions of bond in Court.
2) Then Remedy is Class Action : A Representative Suit by any Four Citizens of India in Civil Court by way of public interest litigation. These four warriors may not require any job. They need to just show their bonafide and public interest. The Court will direct issuance of Advertisement in Newspapers, telling people that others who want to join in this battle may also join before a given date... The quest for justice will begin. The court will declare void unreasonable amount and conditions mentioned in Bond of this company. This will bring relief to all affected employees.
Haresh Raichura
9/11/2014
Copyright : Haresh Raichura 2014 All Rights Reserved
Haresh Raichura
9/11/2014
Copyright : Haresh Raichura 2014 All Rights Reserved
November 8, 2014
Few know: Employees can seek compensation from employers for Stress-Related injuries, Depression, Pains etc
Basic law is : An employer is liable to compensate for any kind of injury which an employee may suffer on account of job which he is doing on behalf his employers.
Many modern jobs are related to computers. Many jobs are coupled with deadlines and quotas to be fulfilled in time bound manner. Higher pay is linked with more labour. These all cumulatively lead to Stress, Depression, Shoulder pains, knee pains etc.
Few employees in India are aware that they can seek compensation from their employers for all such injuries and for medical treatment expanses if their stress or injury is because of the work they do.
In other countries, there are laws for this purpose. There are also insurance companies who pay on behalf of Employers. The Law and Procedures are well structured to protect health of employees.
In India, there is Workman Compensation Act. But this law may not work when an employee is Manager or Salesman or Clerk. Here, claims have to be made under general law.
Much awareness is needed in employees so that they can claim their rights.
Haresh Raichura
8/11/14
Copyright : Haresh Raichura 2014 All Rights Reserved
November 7, 2014
Then he asked, "Sir, what are the chances of success? How much time the case will take?"
A client was cheated.
He sent papers to know what can be done. I replied that suit can be filed.
Then he asked, "Sir, what are the chances of success? How much time the case will take?"
I replied, "When life looks like fighting, fight and enjoy the fight. No question of fighting for fruits of fight. Only question is, do you have resources enough to fight?
Injustice suffered by you is something that someone harmed you. You have a choice to fight back or not. This is the main theme of Bhagwad Gita.
When good people fight, then only the bad people retreat.
Haresh Raichura
7/11/14
Copyright : Haresh Raichura 2014. All Rights reserved.
He sent papers to know what can be done. I replied that suit can be filed.
Then he asked, "Sir, what are the chances of success? How much time the case will take?"
I replied, "When life looks like fighting, fight and enjoy the fight. No question of fighting for fruits of fight. Only question is, do you have resources enough to fight?
Injustice suffered by you is something that someone harmed you. You have a choice to fight back or not. This is the main theme of Bhagwad Gita.
When good people fight, then only the bad people retreat.
Haresh Raichura
7/11/14
Copyright : Haresh Raichura 2014. All Rights reserved.
November 6, 2014
Judge to Govt pleader : In 3 Rs, you cannot buy even a cup of tea. And you are offering Rs.3 per Sq Mtr. of land..?
I vividly remember this case. Large tract of village land was acquired by State Government for building a Dam.
Since this was for Public Purpose, villagers were bound to sell their land to Government as per law of Land Acquisition Act.
The Collector offered price of Rs. 3/- per square meter of land to villagers.
The Villagers filed cases in Court.
The District Judge appeared to be a fearless judge.
He made sarcastic remark in judgement, "In 3 Rs./- you cannot buy even a tea from a roadside vendor. And government is offering only Rs.3/- per square meter of land ! This is not permissible. If you go to buy even one square meter of cloth, you have to pay rupees 300/-. Whereas, here government here wants to buy LAND, not cloth. I order government to pay Rs.300/- per square meter of land to these owners-villagers."
The Government was not happy. It went in appeal to High Court. Appeal was heard after many years. High Court dismissed appeal of Government.
Then Government filed appeal in Supreme Court. Here again after many years appeal was decided. Supreme Court reduced amount from Rs.300/- to Rs.240/-.
The villagers had to fought in court for about 20 years to get this amount.
For all these years, the Government was liable to pay only 9 percent interest per year. If Government had to borrow these amount from market for 20 years, it might have to pay 40% interest.!
MORAL OF STORY
It pays to drag rightful people into litigation. Wrongful people find themselves rewarded at the end of litigation. ...As you can see above.
Haresh Raichura
6/11/14
Copyright : Haresh Raichura 2014 All Rights Reserved.
Since this was for Public Purpose, villagers were bound to sell their land to Government as per law of Land Acquisition Act.
The Collector offered price of Rs. 3/- per square meter of land to villagers.
The Villagers filed cases in Court.
The District Judge appeared to be a fearless judge.
He made sarcastic remark in judgement, "In 3 Rs./- you cannot buy even a tea from a roadside vendor. And government is offering only Rs.3/- per square meter of land ! This is not permissible. If you go to buy even one square meter of cloth, you have to pay rupees 300/-. Whereas, here government here wants to buy LAND, not cloth. I order government to pay Rs.300/- per square meter of land to these owners-villagers."
The Government was not happy. It went in appeal to High Court. Appeal was heard after many years. High Court dismissed appeal of Government.
Then Government filed appeal in Supreme Court. Here again after many years appeal was decided. Supreme Court reduced amount from Rs.300/- to Rs.240/-.
The villagers had to fought in court for about 20 years to get this amount.
For all these years, the Government was liable to pay only 9 percent interest per year. If Government had to borrow these amount from market for 20 years, it might have to pay 40% interest.!
MORAL OF STORY
It pays to drag rightful people into litigation. Wrongful people find themselves rewarded at the end of litigation. ...As you can see above.
Haresh Raichura
6/11/14
Copyright : Haresh Raichura 2014 All Rights Reserved.
November 3, 2014
Two Lama discuss value of a Supreme Court Judgement which is not communicated to people
Two Lama walks on diamond field ( and value of a Supreme Court Judgement which is not communicated to people)
Two lamas were walking on a barren land
Land was full of sand and pebbles.
Suddenly Younger Lama saw something sparkling in the sand
He picked it up, showed it to Elder Lama and said, "This looks like s diamond ! "
"It is a Supreme Court Judgement. This barren land is full of thousands of such judgements", replied Elder Lama
"What is the value this diamond?" asked Younger Lama
"A diamond begets value only when people know about its properties. Until people know about its properties, it has no value. The value of this diamond remained uncommunicated to people. It has therefore remained unused in this barren land", Elder Lama replied"
(2)
"In Supreme Court, there are press rooms and press reporters. Do they not communicate these judgements to people?", asked Younger Lama
"They can't, even if they wish", replied Elder Lama, "On Monday and Friday, Supreme Court delivers 100 sensational orders and 10 important judgements. Press reporter had to submit only two from these judgements to Editor, who then publishes one of the two.
Rest of judgement become "old news" after 24 hours. All national media have policy to not to publish any news which is beyond 24 hours."
Puzzled Younger Lama asked, "What could be then a way to communicate value of these diamonds to people?"
"Twitter could be the future. U.K and U.S. Supreme Courts have already their official Twitter account to broadcast important matters to people. They are no more dependant on media.", Elder Lama replied
Two Lama then silently walked down the barren land.
Younger Lama had put back the diamond in sand as it was of no use to him.
Haresh Raichura
3/11/2014
(P.S. This piece is inspired by a Justice Mrs. Ranjana Desai Judgement delivered in 2012. It interpreted an important provision of law to say that if a wife is tortured in any household, upon information, a police can file 498A case and police inspector has to become Complainant.
Two lamas were walking on a barren land
Land was full of sand and pebbles.
Suddenly Younger Lama saw something sparkling in the sand
He picked it up, showed it to Elder Lama and said, "This looks like s diamond ! "
"It is a Supreme Court Judgement. This barren land is full of thousands of such judgements", replied Elder Lama
"What is the value this diamond?" asked Younger Lama
"A diamond begets value only when people know about its properties. Until people know about its properties, it has no value. The value of this diamond remained uncommunicated to people. It has therefore remained unused in this barren land", Elder Lama replied"
(2)
"In Supreme Court, there are press rooms and press reporters. Do they not communicate these judgements to people?", asked Younger Lama
"They can't, even if they wish", replied Elder Lama, "On Monday and Friday, Supreme Court delivers 100 sensational orders and 10 important judgements. Press reporter had to submit only two from these judgements to Editor, who then publishes one of the two.
Rest of judgement become "old news" after 24 hours. All national media have policy to not to publish any news which is beyond 24 hours."
Puzzled Younger Lama asked, "What could be then a way to communicate value of these diamonds to people?"
"Twitter could be the future. U.K and U.S. Supreme Courts have already their official Twitter account to broadcast important matters to people. They are no more dependant on media.", Elder Lama replied
Two Lama then silently walked down the barren land.
Younger Lama had put back the diamond in sand as it was of no use to him.
Haresh Raichura
3/11/2014
(P.S. This piece is inspired by a Justice Mrs. Ranjana Desai Judgement delivered in 2012. It interpreted an important provision of law to say that if a wife is tortured in any household, upon information, a police can file 498A case and police inspector has to become Complainant.
Since the message remained uncommunicated to masses, the message seems to have been lost. )
Copyright : Haresh Raichura 2014 All rights reserved.
Copyright : Haresh Raichura 2014 All rights reserved.
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