LR- 41 Rains of Lots of Money, Money, Money for Lawyers in 2017...?

Rumours say that in 2017, Lawyers will files suits for damages with every criminal case they file.. They will make accused liable to pay in civil court under law of Tort even if he is acquitted in Criminal Courts .....And Lawyers will reap huge Fees as Money Fruits !

Rumours also say that in 2017, Lawyers will file suit for damages with every case they file in labour court. So that even if the labourer does not get job, he and his lawyer may get money in civil court under law of Tort.

Rumours also say that since 2008 Justice Markandey Katju  (Union of India Vs. Prabhakaran) has laid that even Govt bodies can be sued for damages for wrongs done by it to citizens, so in 2017,  Lawyers will advice clients to file suit for damages against Govt instead of Art 226 Writ. Or they may advise to file both.

Whenever a citizen has any grivence against any Govt dept, Lawyers may advice Sec.80CPC Money, Money, Money Notice and then suit for damage under law of Tort.

Rumours also say that in 2017, Lawyers will also learn to start speaking language of money in all types of cases wherever Law of Tort can be made applicable side by side with other laws.

Of course, these are just rumours. They may not turn out to be true. Many Lawyers have yet read and buy a book of law of torts.😎

By the way, in any event, Wish You A Happy And Prosperous 2017 New Year to you and your family. 🌼😂

Adv Haresh Raichura 29/12/16
9818069727

LR-40 Tips for young advocates : Murders of advocates in early years.

Murders of advocates in early years.

A) An Advocate was found dead in his bed.Accrding to police he was depressed and he had consumed poison.

Story in Bar rooms was different. The Advocate was taking cases of only "Wife fighting against Husbands."

Advocate was young. Sometimes he used to flirt with his beautiful clients. One husband got angry and gave "Supari" to kill him. Police took a False FIR from that husband. No one could save him.

2) A public prosecutor was prosecuting terrorists. He asked for armed police protection. It was given.

And yet he was killed  in Court premises in presence of his guards.

Since no lawyer was ready to defend the killers, the case was transferred to other State. His brother told me that no one tried to ensure conviction of those accused.

C) A PIL lawyer used to file PILs against companies. He was found dead in his office. Another PIL Activist was run over by speeding car.

John Grisham, famous for his novels on legal profession, once wrote, "Every lawyer once in his life time steers away from main road. If he can find his way back to road, it is God' Grace."

Law reform is needed for protection and compensation to Lawyers who die due to occupational hazards They must be provided security at top priority level.

Haresh Raichura 28/12/16

S-70 Tips for Young Advocates: Supreme Court is truly like Bollywood but do not end up here like an extra actor

Supreme Court is truly like Bollywood but do not end up here like an extra actor in a dull movie.

This post is for career oriented young advocates who may be dreaming to start at the top.

You may have talents. But to be successful in Supreme Court, you must have also a sound referral base.

Talents alone is not enough here.

In fact, talent is in abundance here because talented young advocates from all over India come here with big dreams to shine out nation wide in one single case.

It doesn't happen. At least I have not seen it happening,

In 25 years practice in Supreme Court, I have seen many talented young advocates who had come here with big dreams, and then I have also seen them becoming disillusioned in three years.

After four years, they are usually  not seen.

Probably, they must be going back to practice in High Court.

Try to understand this point.

Here, way of arguing is different. You need to have a lot of experience in order to understand Art.136 Jurisdiction.

Whereas, Trial Court and High Courts are places where you can develop mastery of marshalling evidences and developing high pitched voices and oratory. The outcomes of cases are more predictable here. The rewards for success are more sure here.

Think Twice.

If you are a young advocate, dreaming to be a star advocate in Supreme Court, I think it is in order to think about it twice.

Haresh Raichura 21/12/16

S-69 Tip for Young Advocates : What can be done if no one is taking up problems of Junior Advocates

What can be done if no one is taking up problems of Junior Advocates

Here is what I did in 1983 :-

I had joined a District Bar in 1982. I saw that there were TWO Bar Associations. But it appeared that they were not much interested in problems of Junior Advocates.

I set up a "Junior Advocates Forum".

I had picked up word "Forum" from "Forum for Free Expression" set up by Nani Palkhiwala in those days.

"Forum" means just a gathering where ideas are exchanged.

Then I began to make correspondence with High Court about problems faced by Juniors.

Things began to move. Because High Court used to forward the "Forum's" letters to the District Judge.

The letters were always polite.  Never made any personal allegation against any Judge.

The letters were always addressed to two Justices  :

1) Hon'ble Chief Justice
2) Hon'ble Administrative Justice.

My "Junior Advocate Forum" was just a gathering of three juniors. But it worked then.

I am not sure whether this suggestion can work now. From 1983 to 2016, the world has changed a lot.

But Juniors must find a way to communicate with higher authorities if they have any problem which Bar Association is not taking up.

If the letters are polite, and if grievances are genuine, higher authorities may look into it.

Haresh Raichura 20/12/16

LR-38 How do advocates / Lawyers charge Fees in advance countries ? Fees standardisation.

How do advocates / Lawyers charge Fees in advance countries ? Fees standardisation.

1) In India, for a same case, one lawyer will get Rs.250/- and for same case another will get Rs.25,000/- and the third one may get Rs.2,50,000/- No standardisation of fees is done in India.

2) Recently, after a Senior Lawyer quoted Rs.5,00,000/- fee for his case, the man came out from his chamber and said to his junior, "Even if I sell myself in open market place, I will not be able to fetch this much amount."

It is okay. Since there is no standardisation of fees, every lawyer is free to put his own value on his own time.

3) In advance countries, there are laws about Fees.

a) In every court, the Chief Judge decides per hour Fee for Lawyers practising in his Court, keeping in view economic realities of that District and views of Bar Leaders.

2) For category of Senior Lawyers as per their years of standing at Bar, a higher rate is fixed.

3) If a lawyer claims specialisation or special hard work needed in any particular case, the Judge fixes special per hour rate of Fee for that case.

4) If disputes arise between lawyer and his client about hours billed and rate charged, the Judge decides.

5) Against orders of Judge, regarding Fees fixation and orders, Appeals are provided.

Two benefits of this system are

1) Junior Advocates do not have to starve in early years of their practice. They can start charging hourly rate from day one.

2) Lawyers will have to prepare bills for hours they actually worked on case.

Haresh Raichura 20/12/16

S-68 Tips for Young Advocates : How many Laws a Lawyer need to know ?

How many Laws a Lawyer need to know ?

There are thousand and thousands of laws. How many Laws a Lawyer needs to know?

When I was a young lawyer, a senior advocate told me this trick.

If a client asks a question and you do not know answer, just tell him, "Right now I am busy. Give me your papers, I will call you when I have read them."

This way, you get time to either read that law or to get guidance from your friends.

But how many Laws a Lawyer needs to learn?

There are over 20,000 laws, rules, circulars curtailing rights of a common man.

A) Know about some basic principles of law which will be applicable to all the 20,000+ laws. For example, Law of Natural Justice, Law of Evidence, etc, etc..

Few Lawyers deeply study law of Evidence and Law of Natural Justice though they are universally applicable in almost all laws of world.

B) Secondly, learn to find "Where to find law" that governs the case. There are volumes of Central Acts and Rules, Volumes of State Acts and Rules. You can find most of laws here. You need not learn all these laws. But you need to learn how to locate the law.

Haresh Raichura 18/12/16(c)

S-67 Tips for Young Advocates : Cases finished are your real profits (Repost of 17-12-13 blog)

Cases finished are your real profits (Repost of 17-12-13 blog)

Tasks which are finished or completed have more value than tasks which are started or are in process.

The list of unfinished tasks will be always long. They are like seeds which are sown and watered, but have not matured into trees.

From commercial point of view, finished tasks are billable and they end one side's liability under contract.

A senior lawyer once said, it is not important how much cases you have. What is more important is, how many cases you have finished. Keep a count of cases you have finished and you will soon grow.

It helps to keep count of tasks done or finished.

Haresh Raichura 17/12/16
hareshraichura.blogpost.com

SP-7 Mrig Trishna - A desire to keep searching for something which we already have nearby.(Repost of an old blog post

Mrig Trishna - A desire to keep searching for something which we already have nearby.

This desire has been explained by many seers, saints, story tellers and philosophers.

Some of us keep searching for something which we already possess, or which talent or knowledge is already within us, or something which is already nearby within our reach.

Poets have explained this by constant search of aKasturi Mrig ( A kind of deer) for a sweet fragrance, which this Kasturi Mrig already is already possessing source of fragrance in its belly button !

In search of this fragrance, the deer keeps searching in jungle for its whole life, never knowing that fragrance was coming out only from its own belly button.

The poets say that many of us have this instinct, or habit or a fallacy built in within us.

When we gain this knowledge of this Kadturi Mrig Mistake, our pursuit of happiness or fragrance is over. We feel at peace and completeness within us. We feel as if we have arrived at our destination. We suddenly notice and find that talent, skill, or  means of becoming rich for which we were searching, are there, already nearby and within our reach !

A paradigm shift takes place the moment we can clearly see our Mrig Trishna !

See if you too are chasing any such Mrig-Trishna.

What you are searching all over world, may be already within you or may be just nearby within your reach !

Haresh Raichura 16/12/16
27/11/13 (c)

SP-8 Comparing our life with a caveman's life

There is great difference between the world we see on social media, on TV, in newspapers in magazines and the world in which we actually live in.

In a small cave in a jungle we live. Our village is a small tribe. Each one of us lifts his bows, arrows and spear in the morning and goes out to hunt.

By evening we return.
Some of us has returned with a huge killing of some lion. Some us has made killing of little rabbits.

Then there are rituals of village. We mix up with children. Listen to their problems. Women tell us about their problems.

Some elders sit separately. They discuss about potential threats of other tribes on our village and how to deal with.

They are concerned with bigger issues.

At night we go to sleep. We make a little love.

Then in morning, we resume as usual.

The key words in this life is “What daily killing we make” and “how we behave in evening with our women and children”.

Probably, these two things define life of most of us.

Haresh Raichura
Repost of 2013 blog

S-66 How did Justice K.T.Thomas know on which side the justice was... A bee used to tell him

How did Justice K.T.Thomas know on which side the justice was... A bee used to tell him.

I remember that at that time, I was sitting in Court No.4 in Supreme Court when former Justice K.T.Thomas told this story.

In one kingdom, there was a wise man. Once a challenge was made to this wise man.

Two flowers were brought to him. One was an artificial flower. And another was a real flower.

Both the flowers looked exactly same. It was difficult to say which was real and which was fake. The flowers were kept at a distance.

Now the wisevman was challenged to tell which of the two flower was real flower.

The wise man looked for some time at two flowers and then pointed at the real flower.

The King was amazed. He asked wise man how could he pick up real flower.

The wise man replied, "There was a bee which was hovering over the real flower."

Justice Thomas said, whenever he was in doubt, he always looked for the bee and then he used to give justice accordingly.

Haresh Raichura 15/12/16
hareshraichura.blogspot.com

S-65 How does one feel practising in Supreme Court.

I am from Junagadh District Court Bar and from Gujarat High Court Bar.

Sonetimes, in Supreme Court, I feel disconnected from my roots. Just like the way a tree feels when it is disconnected from its roots. Delhi is a city of migrants. No one has roots here.

In same way, Supreme Court Bar is a Bar of migrant Advocates who have come from all over India in search of Bollywood glory of becoming Fali Nariman or Ram Jethmalani.

Ultimately most of them feel disillusioned and weakened from their roots.

Haresh Raichura 15/12/16

S-64 A memorable argument of former late Chief Justice B.K. Mehta.

A memorable argument of former late Chief Justice B.K. Mehta.

After retirement, he practised as Senior Advocate in Supreme Court. Here, one day he told me this story.

At relevant time he was a practising lawyer in Bhavnagar District Court.

One day he came to High Court to argue a case.

He argued for three days.

Finally Judges were convinced. They turned to Respobdent's Advocate and asked him what he had to say.

He replied in one short sentence. "Sole respondent, my client has died long ago. The case does not survive." 😢😢😢

This he spoke after 3 days, after letting B.K. Mehta argue for three days.....

Anyway, the Judges saw something in B K Mehta. Probably he is the only Advocate who was directly selected from a District Court to Judgeship in High Court. Later he became Chief Justice of Gujarat High Court.

Haresh Raichura 15/12/16

63- S Tips for Young Advocates : Know about "Like" switch hidden in all of us.

Know about "Like" switch hidden in all of us.

Simple truth is, we like to do more business or more work with people we "Like" instinctively.

Same is true about other people. They like to do business and work with us if they "Like" us.

If we "Dislike" someone, it is natural that he will also dislike us. He would not like to do work with us if he dislikes us, unless he has some compulsion.

The point is : "Likability is also a factor which people take into consideration while giving us work."

Haresh Raichura 15/12/16
hareshraichura.blogspot.com
(page views 6,64,027+)

LR-37 Today there is Election in Supreme Court Bar Association. 🙄

Today there is Election in Supreme Court Bar Association. 🙄

A) Over the years, I saw following deterioration in standards.😥

1. Senior Advocates were not supposed to canvass votes for themselves. Now they are seen begging for votes by making calls and SMS.🤐

B) Over years, I saw following improvement in Election.😄

Justice J.M.Panchal judgement forced Bar Association to weed out outsiders from voters list. Before this judgement, hordes of voters from Muradabad, Ghaziabad, Tis Hazari Courts, etc used to flock and hijeck election.

Now only Lawyers who are regularly coming to Supreme Court can only vote. Though 1500 Lawyers are regularly coming to Supreme Court, before this judgement, voter list was over 15,000.

You can imagine how outside Lawyers used to hijack election. These outsiders used to vote in bulk for immoral & Money considerations.

A million thanks to Bench presided by Justice J.M.Panchal, for reforming Supreme Court Bar Election Process. 🌻🌹💐💠🌼🌺

Haresh Raichura 14/12/16

S-62 Tips for Young Advocates: If you have ambition, this tip may put you on the road to your ambition.

If you have ambition, this tip may put you on the road to your ambition.

45 Years ago, I remember to have read following line in a book in a library.

" Isolation and Discipline are essential for progress of an individual."

Now do not take this statement on its face value. Look around you. You may see many Lawyers who spend very few minutes in "visible world". Then they are not seen. They go into isolation where they are not disturbed by others.

This part is easy. It is easy for you to decide to spend sometime alone.

But second part "Discipline," is difficult. Discipline means you have a plan to do something when you isolate yourself from others. The plan may be to make notes from cases, plan may be to update yourself with latest law report. Plan may be to do a regular SWOT Analysis ( SWOT analysis means to list your strengths, weaknesses, Opportunites, Threats ) etc.

You can do many things when you isolate yourself from crowd.

But to do this in a very disciplined way, as per previously decided plan, is the toughest part. This requires strong will power.

This is one of many concrete roads to move towards your ambition.

Haresh Raichura 14/12/16

LR-36 If Indonesian method is adopted by Indian Police, conviction rate can go up and false cases will stop.

If Indonesian method is adopted by Indian Police, conviction rate can go up and false cases will stop.

Last year a client showed me his case papers about a police case in Indonesia.

I noticed following things :

1) Statements of witnesses were also recorded in video recording. Nowadays it is easy to do so even with a mobile smartphone.

2) The Statements were recorded in presence of a Notary Advocate, who used to also counter sign below statement to certify it's truth.

3) With Chargesheet, the accused was also given copies of all sections under which he was charged and how much punishment was provided. This helped accused to know for violation of which provision of law he was being tried and the description of punishment used to start him thinking about Plea - Bargaining.

I think this will be a great police reform in India if introduced.

Haresh Raichura 13/12/16

S-61 Tips for Young Advocates: Story of Advocate Mr. Bhag-O-Bhag

Story of Advocate Mr. Bhag-O-Bhag

This is a true story. I met this Advocate in 1995.  He was living a District situated between Ahmedabad and Mumbai.

He used to practice in District Court, in Gujarat High Court and in Mumbai High Court and in Supreme Court.

He used to travel by train. His calender was full of cases listed in District Court, in Gujarat High Court and in Mumbai High Court and in Supreme Court.

I signed his one case as Advocate on Record in Supreme Court. Then I refused to sign his cases.

He was not doing justice to his clients. There was no orderliness, no law, no proper presentation of facts in his cases. Perhaps he was just duping his clients by filing papers in this and that Court. His clients used to chase him and he used to run from this Court to that Court.

Times are changing now.

Now times are changing. Supreme Court has ruled that each High Court and each District Court can make rules for advocates practising in that Court. This is to protect exploitation of Litigants from such Bhag-O-Bhag Advocates.

Haresh Raichura 13/12/16

S-61 Tips for Young Advocates: Story of Advocate Mr. Bhag-O-Bhag

Story of Advocate Mr. Bhag-O-Bhag

This is a true story. I met this Advocate in 1995.  He was living a District situated between Ahmedabad and Mumbai.

He used to practice in District Court, in Gujarat High Court and in Mumbai High Court and in Supreme Court.

He used to travel by train. His calender was full of cases listed in District Court, in Gujarat High Court and in Supreme Court.

I signed his one case as Advocate on Record in Supreme Court. Then I refused to sign his cases.

He was not doing justice to his clients. There was no orderliness, no law, no proper presentation of facts in his cases. Perhaps he was just duping his clients by filing papers in this and that Court. His clients used to chase him and he used to run from this Court to that Court.

Times are changing now.

Now times are changing. Supreme Court has ruled that each High Court and each District Court can make rules for advocates practising in that Court. This is to protect exploitation of Litigants from such Bhag-O-Bhag Advocates.

Haresh Raichura 13/12/16

S-60 Tips for Young Advocates: Intellectual Challenges brought you in Legal Profession. Look at first case Samuel Leibowitz

Intellectual Challenges brought you in Legal Profession. Look at first case Samuel Leibowitz.

He was American Criminal Defense Attorney born in 1893.He used to win most of his criminal cases.

When he joined Bar, a Judge assigned a Criminal case to him to defend a poor accused.

Accused was a burglar. With a duplicate key, he entered in a locked house at night. A Beat Constable saw door of the house a little ajar. He got suspiscious. He entered house and caught burglar red handed.

The burglar was brought to police station where he admitted crime and he produced Duplicate Key from his pocket with which he had opened door of house.

Now the case was in Court. It looked hopeless to defend this burglar.

When the Beat Constable gave evidence, Samuel cross examined with following question :

"Did you ever ever try to see that the Duplicate Key produced by my client actually opened front door of the house?"

Beat Constable said he never tried to open door of house with duplicate key. He was not sure whether duplicate key actually opened the door.

The case was over. Confession made by accused in police station had no value in Court. And the fact that Burglar opened flat with key was not proved. Prosecution case failed. Burglar was acquitted.

The point I wish to stress is, you may not have joined legal profession only for money. It is these type intellectual challenges which may have attracted you to legal profession.

Haresh Raichura 13/12/16

S-59 Tips for Young Advocates : Three Types of Murder Cases based on difficulties involved in getting acquittals.

Three Types of Murder Cases based on difficulties involved in getting acquittals.

Criminal Lawyers choose cases. They avoid taking very difficult cases by quoting a too high Fee.

1) Murder case involving many accused : Here, there is always chance to get acquittal for some of them who may have been falsely implicated by police under influence of Complainant and other relatives of deceased.

2) Murder case involving Solo Accused. Murder Cases where only one person is accused are hard for getting acquittal.

3) Socially Prejudiced Murder Cases are even harder for getting acquittal. Cases like Honour Killing, Bride Burning etc involve heavy social and judicial prejudices. These are truly hard cases.

A Lawyer who has specialised  in Criminal Law, will be usually slow to accept too difficult cases. He usually studies evidence thoroughly before accepting a case.

Haresh Raichura 12/12/16

LR-35 Important for all Advocates / Lawyers : Legal Benefit Fund

On 1st Sept, 16 Supreme Court held that it is legal to impose 1℅ Additional Court Fees for Wefare Scheme For Advocates.

The next step is ; Advocates of all other States should persuade their Governments to pass similar amendment in Court Fees Act of their State.

Supreme Court upheld validity of following provision in Kerala Court Fees Act:

“76. Legal Benefit Fund. –
(1) Notwithstanding anything contained in this Act or any
other law for the time being in force, it shall be competent
for Government to levy an additional court fee, by
notification in the Gazette, in respect of appeals or
revisions to tribunals or appellate authorities, other thanCivil and Criminal Courts, at a rate not exceeding one per
cent of the amount involved in the dispute in cases where
it is capable of valuation and in other cases at a rate not
exceeding one hundred rupees for each appeal or
revision."

After this issue is now settled by Supreme Court, burden is on Advocates to take up this matter at Govt level by moving political people.

Case reference : Cardamom Versus Kerala Judgement dated 1/9/2016 ( Three Judges Bench Judgement)

Haresh Raichura 12/12/16

S-58 Tips for Young Advocates: Value of Objective thinking in Legal Practice.

It is good to learn about Subjective Thinking as well as Objective Thinking.

In Legal Practice Objective Thinking is more required.

Simplest Definition of Objective Thinking : When your thoughts are involving some Object, it is Objective Thinking.

Following are examples:

1) "The knife had no blood stains."...
Here the "Knife" and the "Blood Stains" are objects.

2) "The "Sale Deed" was unregistered..."

Here, the "Sale Deed" is an object.

This is a simplest way to notice Objective Thinking and also to learn Objective Thinking. The more you think objectively, the more will be your grip on facts of cases. The Judges too are primarily interested in hearing Objective facts of cases.

Once you cultivate interest for thinking Objective Thinking, you can sharpen your Objective Thinking by reading more about it on Internet.

Haresh Raichura 12/12/16

S-57 Tips for Young Advocates : Know about THREE types of judgements

Know about THREE types of judgements.

Judgements reported in Law Reports can be seen in three ways :-

1) Judgement based on some previous judgements. Here, Judges discuss, distinguish and rely or reject previous judgements

2) Judgements based on particular facts of that case. Here, not much law is discussed. Some facts are narratted and then order is passed. These are Empirical Judgements, often based on Judge's own experience or observations of real life.

3) Judgement based on Logic or Formal Judgements. Here Judges discuss objects of law, objects of sections, meaning of words etc.

It sharpens our mind if we can see law reports in these three ways.

Haresh Raichura 11/12/16

S-56 Tips for Young Advocates : An Example of passions for reading law books.

An Example of passions for reading law books.

In 1990 when I came to Supreme Court, I saw a man standing in lobby near Library. He was keeping laws books, bare Acts etc for selling to Lawyers.

I saw one pecular thing. When there were no customers, he would pick up one of his law books and will start reading it. When some customer will come, he will attend him, sell him book and then will resume reading one of his law books.

After some years, I saw that he had become Advocate. Now he was sitting in Library. He had no cases. Though so many Lawyers were his friends, no one gave him placement or work.

Whenever I saw him, he was always reading some law book and yes,  now he was also making notes

There was contentment on his face. No sign of frustration. He was always reading calmly and peacefully. I never saw him gossiping with other lawyers.

One day I asked him, what was his philosophy of life and success.

He gave me following reply.

" I rise when the Sun rises and I sleep when the Sun sets down. My mother always waits for me in evening. She eats only after I have eaten. So I go home early."

This was his philosophy of life and success.

After some years I did not see him. I presumed that he must have shifted to trial court practice.

But I still remember his philosophy of life.

Haresh Raichura 10/12/16

S-55 Tips for Junior Advocates : Placement Trick, how he got placement in an Advocate's office.

I heard this from a junior Advocate from Bihar. He was newly married. He had come to Delhi to practice under a Supreme Court lawyer.

His all attempts to get placement in office of a lawyer failed.

So he tried a trick. He posed as a commpter typist. He hid his qualification of Lawyer.

He soon got job of a computer typist in office of a lawyer of Supreme Court.

He survived. He could maintain his family from salary of a typist. And he also learned all types of legal drafting and other work.

One day, he came to my chamber to seek advice. I told him to tell whole truth to his boss.

He followed my advice. I do not what was reaction of his boss.

But soon I saw him moving in Court in dress of Advocates.

It meant that he had told whole truth to his boss and his boss has accepted him as junior lawyer.

I do not know whether what he did was right or wrong.

But be that as it may be. He is a brave story of struggle and survival.

Haresh Raichura 7/12/16

LR-34 Four Reasons why legal fraternity is not so keen on making Marital Rape as offense:-

Four Reasons why legal fraternity is not so keen on making Marital Rape as offense:-

1) Assult on woman or any use of violence against a woman is already punishable under many other laws. No need to crave out a new offense and a new branch of litigations.

2) When there may not be any eye witnesses to a Marital Rape, it will be only a word of wife against a word of husband. Too difficult for a Judge to distinguish between a genuine case and a false case.

3) Presence or Absence of injuries, neither proves a Marital Rape nor it disproves. The presence or absence of injuries can be possible in both genuine and fake cases.

4) Allegation or Accusation of Marital Rape can be made casually, but it will ruin reputation of husband even when case is found false.

Haresh Raichura 7/12/16

S-54 Tips for Young Lawyers : A logical fallacy which is often followed in Criminal Law

This logical fallacy is known as Post Hoc fallacy.  The argument here is "This happened immediately after A happened, and therefore A must have caused it".

In criminal law, this known as "Last seen togather" theory. A and B were last seen going towards a garden. Then dead body of B was found. So A must have murdered B.

This is how this theory works. If A fails to satisfactory prove what happened, he is convicted.

Logically, this is a fallacious argument based on Post Hoc fallacy.

Haresh Raichura 7/12/16

S-53 Tips for Young Lawyers : Recognise arguments of "Appeals to Authority"

Recognise arguments of "Appeals to Authority"

These arguments are frequently made in courtrooms.

"Mr. So and So, who is an authority on this subject, said Such and Such, therefore Such and Such should be believed... "

These are arguments of "Appeal to Authority"

Other Examples :

Buddha said that...

Krishnamurti said that...

Supreme Court says that.....

High Court says that.....

These types of arguments are not based on logic. They are Appeals to Authority. Such weak arguments can be demolished with right logic.

Haresh Raichura 6/12/16

S-52 Tips for younger Advocates : Know why legend Nani Palkhiwala refused a very simple case.

This is how Dignified Lawyers work.

I heard this story about Nani Palkhiwala long ago.

A lawyer approached him to engage him in a Company matter. The lawyer said the case is very easy and  is covered in favour of his client by a decision of Supreme Court.

Nani Palkhiwala said, "Then you need not engage me. Go to some other Senior Advocate."

Moral : Your career do not advance if you keep appearing in simple cases. It advances when you begin to argue tougher cases.

Haresh Raichura 1/12/2016
For more such posts please visit my blog http://hareshraichura.blogspot.in

SP-6 A Prayer to Glorious And Strong Persons.

A Prayer to Glorious And Strong Persons of India

5000 Years Ago, a Mysterious Man was born among us. He used to help us even if we were not his friends or relatives.

One day, we asked Him, who He was and why was He helping us even if we were not His friends or relatives?

He said that He was God and He comes here in every century whenever sins of evil persons exceed tolerance of good people.

He said, He lives in form of Glory in Glorious Persons and lives as Power to Punish evil persons in Strong Persons.

He said, if you will express any wishes before them, it will be fulfilled  by Me in accordance with your merits and in accordance their nature and strength.

He further said that mankind should sponsor Glorious and Strong Persons and in return, they will sponsor the whole mankind to that which is ultimate good for all.

Rumours say that You too are a Glorious and Strong Person and you too help those who are  not your friends or relatives.

Then please tell us how should we sponsor Glorious and Strong Persons and. how should we worship them. Please tell us what pleases them and what displeased them.

We are a mankind which has lost its path in too many commercial religions. Please guide us to right path.

By : Haresh Raichura 3/12/16

S-51 Tips for Young Lawyers : Learn to recognise Ipse Dixit Arguments in Courts as soon as they are made.

Ipse Dixit is a weakest form of argument. It means 'Believe this to be so because I say so'

Lawyers often argue like these :

"Believe me Sir, I have personally checked records and I sincerely believe that there is something suspicious here."

Or

"Sir, I would not have argued unless I have a strong case. Therefore let me continue...."

Or

"Sir, let me argue this for my own satisfaction"

These are some of the Ipse Dixit weak arguments. The clients sitting in gallery become pleased with such arguments. But they do not carry matter further.

Haresh Raichura 1/12/16

S-49 Tips for Young Lawyers : How to improve "English Expressions" for those who have a different mother tounge

I had seen an Institute imparting this skill.

The teacher and about 5 students meet daily at a fixed time.

Teacher brings up a clipping of some interesting news from todays' English newspaper.

All students read this clipping.

And then one by one they discuss news item in their own words.

If there are mistakes, teacher guides them.

Here, sole theme is to improve "Expressions in English".

I think such methods can help in improving expressions.

Haresh Raichura 1/12/16

S-48 Tips for Young Lawyers: How to be a dignified Lawyer:-

In Court Rooms, you often see Dignified Lawyers. Among Judges also you often see some Judges look Dignified in the way they conduct cases.

They do not ask anyone to respect them. Our respect automatically follows them. They COMMAND our respect.

If you have desire to become a Dignified Lawyer, you have to first learn to distinguish between Dignified Lawyers and non Dignified Lawyers.

Once you make a habit of making such distinction, the qualities of Dignified People will start imbibing in you effortlessly.

Simplest definition of a Dignified Person is a person who respects himself. Now following is a little weird statement :-

"If you will be respecting yourself,
then in your presence,
you will refrain from
doing things
Which are below your dignity."

This is a crucial aspect of respecting oneself.

Haresh Raichura 1/12/16 For more such posts, please visit my blog at
http://hareshraichura.blogspot.in

S-47 Tips for Young Lawyers : Stress is the silent killer of Lawyers.

1) Accept this fact seriously. In young age, most Lawyers are in Denial Mode. They do not seriously accept that Stress can kill them.

2) When we eat food, snack or a cup of tea, it causes spike of sugar in blood. In a healthy body, in a stress free body, the spike is soon dissolved. But if body is tense, stressed, it takes longer time to absorb and to level up the spike.

3) If your case is at No. 1 in Court List, there may be less Stress. The case will be soon over and stress in body will be over. But if case is last, if case is called out and kept back to wait for other lawyer, level of stress will be higher.

4) There may be such hundred stress points of stress in a lawyer's work.

5) An old lawyer suggested two things. A) Never skip your breakfast and lunch. Keep regular habits. B) In office, after reading and preparing a case, tie up a string over it. Once tied up, string should not be opened till case is called. In other words, avoid piece-meal reading of cases. This is supposed to help in reducing stress.

Haresh Raichura 30/11/16

S-45 Show reverance to Judiciary. In return, Judiciary will show reverence to you

I think very very very few will be able to understand the following story.

A new Advocate came to Bar. He asked an Elder lawyer, "How are the Lawyers and Judges here?"

Elder man asked him, "How were the Lawyers and Judges in the Bar from where you come?"

The Lawyer replied, "They were all crooked and corrupt."

The Elder Man replied, "You will find here same type of Lawyers and Judges."

After an hour, another new lawyer came to join this Bar.

Coincidently, he met the same Elder Lawyer. He asked  Elder lawyer," How are the Lawyers and Judges here?"

Elder man asked him, "How were the Lawyers and Judges in the Bar from where you come?"

The Lawyer replied, "They were all nice and honest people".

The Elder Man replied, "You will find here same type of Lawyers and Judges."

*****
There are deep psychological principles involved here.

******
But the moral is : The world you see outside is in accordance with world you WANT to see outward.
********
Haresh Raichura 29/11/16

S-44 Tips for Junior Advocates: Never file proceedings under a wrong provision of law.

This was the first advice given to me by my Senior Lawyer Vasant J Desai.

Suits and Criminal trials pass through several stages. At many stages, trial judge has to pass mini judgements. Appeals, Appeals from Orders, Revisions, Special Civil Applications etc are provided.

If order is apealable, do not file Revision.

If you do such filings, you may lose respect of judge. He will begin to regard you as incompetent lawyer. Such reputation is very bad for Junior advocates. It ruins their chances of promotion to higher judiciary completely.

When in open Court Judge will dismiss your revision and will ask you to file proper appeal, you will lose reputation in eyes of other Advocates sitting in Court also.

So file interim proceedings after checking provisions.

Haresh Raichura 27/11/16

S-43 Tips for Junior Advocates: Is it necessary to develop loud voice and public speaking skills for success in advocacy?

There is no right answer to this question.

In my view these are not necessary skills. With this skills, if head is empty, they only make loud noises which do not help arguments.

Loud speaking and Public speaking may have advantages. But I don't think them sine qua non for legal practice.

However, if a junior Advocate wants to develop these skills, I recollect two observations.

A) A lawyer used to give dictation to his steno, by asking him to sit 10 feet away from him. Naturally, lawyer will have to dictate in High Pitched loud voice. This trains vocal cords. In laptop, if you have Dragon Software for voice to text, you can try to dictate by keeping laptop ten feet away.

2) A lawyer had 20 feet long office. Opposite his table, there were only two chairs for clients to sit. Rest of the clients will sit in chairs placed near wall at 20 feet distance. Now lawyer will talk in such a loud voice that his client sitting 20 feet away can also listen him. Thi used to impress them.

Unfortunately, I am not a money oriented guy and hence I  detasted such methods and never practiced them. You can try if it appeals to you. Wish you best of luck.

Haresh Raichura 27/11/16

LR-33 Whether one can prosecute an election candidate and his party under Sec.420 of IPC?

No one are filing such cases, and if some cases are filed, they do not succeed is no ground to say that such cases cannot be filed.

Here are few points :

1) There appears to be no law to protect election candidates and his party from prosecution for cheating under Sec.420 IPC. If Sanction is needed, sanction can be applied. If Sanction is wrongly refused, HC can be approached against such refusal.

2) One has to prove beyound doubt that Election Candidate or his party, induced you to part with your valuable Vote in their favour by making wilfull  misrepresentation.

3) One has to argue that Vote is a valuable asset or security for purpose of Sec.420.

4) Wilful misrepresentation made here was promise to do something or to restrain from doing something if Vote is given to him or his party.

5) That, on basis of this representation you actually cast Vote in his favour.

6) That, reasonable time is passed, but Elected candidate has not taken any steps to fulfill his promise and has thus cheated you.

7) If Court sees all ingredients of IPC 420 in your complaint, it is required to register complaint.

Important Note: In Democracy, such cases may not be advisable. But Election Commission has now found that Parties are promising Moon to gullible masses to capture votes. In such circumstances, boundries of IPC Sec.420 can be expanded wherever a political party is seen prmisding Moon to gullible masses.

Important Note 2 : Five Rounds of Debates between Contesting Candidates must be arranged by EC in each constituency. These will weed out candidates with low IQ and Lack of Plan for their Constituency.

Haresh Raichura 25/11/16

S-42 Tips for Junior Advocates : Master Art of Compound Sentences. :-

In Supreme Court Judgements, you often read one sentence witch may be as long as a paragraph. This is a Compound Sentence.

Learning art of writing Compound sentence helps in speedy and uninterrupted communication of thoughts.

Perhaps it is one of many signs of higher IQ also.

If you have not fully explored Grammer part of Compound Sentences, it may be a good idea to revisit it.

On Facebook, I often read posts of junior Advocates. Few of these contain too simple sentences. This prompted me to write this post too underline importance of Compound sentence.

Haresh Raichura 24/11/2016

S-41 "Six Newspapers Method" of developing critical thinking skills.

This is very old method. May be in existence since before 1930.

It works like this: If you wish to critically study a piblicly debated case, read it's news in six newspapers.

I saw this method actually being practised in office of a Top Senior Advocate of Supreme Court.

He had subscribed to several newspapers. His staff was bring given topics or case about which they have to collect clipping from all newspapers and make a file of it.

Senior Advocate will study this file at his convenience.

Naturally, his submissions on any topic, outshined submissions of all other Senior Advocates.

Haresh Raichura 24/11/16

S-40 Tips for Junior Advocates:-How to overcome initial fear of arguing.

When I joined as Advocate in Junagadh District Bar, a Govt pleader told someone about me, "He cannot even speak. How can he become Advocate!"

Well, I became Advocate. And moved form District Court to High Court and from High Court to Supreme Court.

Moral : Ignore opinions of others about your strengths and weaknesses. They may not be fully aware.

2) When I moved to High Court, I had difficulty in addressing Court in English as my mother tongue was Gujarati.

I went to room of clerks and told them, "If any of your Advocates has not come from outstation, and if adjournment is required to mentioned to court, please give me chance to mention. In return, I will pay Rs.50/- for each opportunity to mention given to me.

Clerks promised to give me such opportunities and said that they do not want my Rs.50.

Well, they gave me opportunites and I recovered from initial fears of addressing Court.

It is natural for every junior to have such fears in early days.

Haresh Raichura 22/11/2/16

LR- 32 Who should file PIL ?

I have nothing to say about those who are habitually filing PILs. They gain publicity and some personal collateral gains.
Those who expose scams of billions, naturally gain millions. I have no Envy towards them.

But I believe that genuine PIL should come from Doctors.

They raises non political issues which touches health and lives of millions of people.

When Doctors file a PIL, they serve the Humanity.
And Lawyers who file their PIL for nominal Fees and Senior Advocates who appear in such cases without charging Fees, also do a great service to Humanity.

These are our true hopes.
Haresh Raichura 23/11/16

S-39 Tips to young lawyers : "The Inner Fire, faith, choice and modern-day living in Zoroastrianism"- a book by Justice Rohington F Nariman

"The Inner Fire, faith, choice and modern-day living in Zoroastrianism"- a book by Justice Rohington F Nariman.

One should also read books other than law books..preferably books by Judges and eminent Lawyers.

It is difficult to describe benefits. But you can make an experiments.

First you read any one book. You will immediately realise a shift in your world view.

The above book is about inner fire or the quest.
There is an Inner Fire in all of us to search for God.

In our childhood certain beliefs are planted in us. We follow those belief, but when we are mature, when we have developed Spirit of Inquiry, we need to read books outside our religion, to see the ultimate light.

Years ago I used to see a Gujarati  TV show on Parsi religion.

It's title in Gujarati was " Good Thoughts, Good Words, Good Actions".

Our life can change if we stick to above words.

In this program, I learned how to measure when we are nearer to God or when we are away from God.

It said, if you feel darkness in life, you are away from God.

If you see light everywhere in your life, you are nearer to God.

Recently I had bought a book from Amazon.com about basics of Parsi religion.

Just as there is a list of fundamental rights, they have a list of main duties.

The duty which I liked most, was duty TO REMAIN CLEAN all the time. Cleanliness is part of this religion.

And that is great. I have yet not read the book of "Inner Fire" which is released only yesterday,  but intend to read it.

Haresh Raichura 21/11/16

LR-31 Do you know that in earlier times there were NO criminal appeas or criminal appeal Courts..?

Do you know that in earlier times there were NO criminal appeals or criminal appeal Courts..? Trial Court judgements were final.

But then one day, a Lawyer was convicted for slaughtering stray animals in early mornings.There were no eye witnesses. Case was based on circumstantial evidences.

None of his colleague Lawyers accepted the judgement.The whole Bar erupted in revolt.  Because the convicted lawyer was not capable of killing even a fly. His conviction was viewed as grossly erroneous.

At request of lawyers, Sir Arthur Conan Doyle author of Detective Sherlock Holmes books, took up this case.

He came to the town. Stayed in holel. Reinvestigated  all circumstances relied upon by prosecution.

He found that the case was concocted and false. He presented his dossier of investigation to Home Ministry. Since there were no criminal appeals provided.

Home ministry saw substance in the report of Author. It acquitted the lawyer.

And thereafter, Govt introduced Courts of Appeals for all criminal cases.

Since then we have got Criminal Appeal Courts.

Haresh Raichura 21/11/16

LR- 30 No data base are maintained of reasons for people comitting suicides.

No data base of reasons for people comitting suicides.

Two days ago an Engineer committed suicide. Because after getting degree he was not getting job.

As I understand, the police Registers all such Suicides in Accidental Events Register. Such register is not prescribed in Criminal Procedure Code. Criminal Procedure Code only prescribes for maintaining First Information Register or FIRs

Much law need to be laid down by Courts about suicide registers because many murderes are registered and wound up here in embryo stage as "Suicides" or "Accidents"

Haresh Raichura 20/11/16

S-38 Tips for junior Lawyers : If you do not know law on any point, do not ask seniors, colleagues.

If you do not know law on any point, do not ask seniors, colleagues.

Their answers may not be accurate. 

Instead, try to search for answer by looking at books of different authors.

If you still do not get answer, wait for few days and then try again.

In this profession, it is of little  use to ask others.

Haresh Raichura 20/11/16

LR-29 Permanent Lok Adalat - even for cases yet not filed in Court - An experiment by a District Judge

Late Justice Niranjan Pandya was initially directly appointed as District Judge in Junagadh.

He made an experiment of Permanent Lok Adalat to settle cases pending in Court as well as about cases not yet filed in Court

He persuaded Local Post Office to spare a Room for this purpose. A permanent Lok Adalat was set up there.

If a man or woman had a dispute, whether pending in Court or not, could apply here.

On his application, notice was issued to respondent and case was fixed on a Sunday after a week.

On that day, the District Judge, two eminent and top Lawyers of District Court and two eminent charitable well known citizens of city will sit as 5 Judge bench to resolve disputes.

There will be other Lawyers to help parties.

If parties agree, a compromise would be drawn up which will be sent to Court where it would become decree of Court.

Where respondents do not come or where no compromise was possible, the case was dropped. The parties however left with clear understanding of law and possible outcome of their case.

The expanses of Permanent Lok Adalat were probably met from charity of locally influential charitable men who used to get chance to sit in 5 Judge bench of Lok Adalat.

Success of Lok Adalat depend on their influence, plus persuasive powers of District Judge and top Lawyers of city who sat on 5 Judge Bench.

Lawyers at first did not like this idea.

But then they saw chance of interacting with future litigants who may fail to compromise. This motivated them to participate happily in this project.

After Judge left city, after few years, the project was closed.

I am not sure whether such project is working anywhere else at present.

Haresh Raichura 19/11/16

S-37 "What is this? " The Judge asked the Counsel while holding a pen made of gold in his hand.

Probably, I read this story in autobiography of M C Chagla, titled "Roses in December".

A custom dispute case was brought in his Court. A man has brought a pen made of Gold from abroad. The custom wanted to tax it as import of gold. The man claimed that it is not gold, it is pen and it is exampt from duty.

The Judge took the pen in his and hand asked Govt Counsel, "What is this?"... The Govt Counsel replied that "It is pen."

"That settles it", Judge said and closed case, dismissing claim of the Custom.

The point is : Judges solve many cases by asking common sense questions.

Haresh Raichura 18/11/16

SP-7 Today, a Supreme Court Juddge who openlly expressed his faith in GITA, is retiring. His name is Justice Anil Dave.

It has been his long journey. His journey was a tapsya.

GITA is a mysterious books. It's every Stanza gives you a new meaning every time you read.

There are many things common among people who believe in GITA. These things cannot be described here.

But the key is this. If I believe in GITA, I can understand all persons who believe in GITA. The people who believe in GITA can understand actions of one another easily.

Lawyers will say many praises for his judicial work.
But I say only this much.

His work was a tapsya for him and he had to walk on an edge of sword almost all the time.

Haresh Raichura 18/11/16

LR- 28 "What are my prospects in Legal Profession? - A girl law student from a small village asked.

I have no answer. I am from a small disstrict. I have seen what happens to a newly joined lady advocate in Village Court, in District Court, in High Court and in Supreme Court.

What I have seen is not worth writing. I have seen only negative sides. In fact, I shiver in my bones when I remember what I have seen.

Perhaps I am not a right person to answer this question.

But if I think constructively, I think Legal Aid Committees can take initiative. A lady advocate should be assigned one case by Legal Aid Committee or by Amicus Curie Panel, the day she joins Bar. And then one case per month for an year. In one year she can develop survival confidence, can appear in judicial exams or can start her own small practice.

This is however only a wish.

Haresh Raichura 16/11/16

S-36 Tips for Young Lawyers : Three Broad Methods to prepare arguments in a Criminal Appeal.

I have not read anywhere about following methods. I just observed them during hearings of Criminal Matters in Supreme Court. There may be better methods which I may have missed.

1) Method of understanding which witness said what :

I once appeared before a bench presided by Justice K. T. Thomas for final hearing of a Criminal Appeal.

He first asked me about number of accused, date of offence, convictions under sections etc.

Then he started questions in following way.

Who is witenss No.1 ? What does he say about about accused? What does he say in cross examination? Why did Prosecution examined this witness?

Then same questions about witness No.2 and so on till the last witness.

By this method one can have considerable grasp over whole appeal in short time.

2) Method of understanding criminal case by making notes against each exhibits.

Once I had engaged Senior Advocate Sushil Kumar in a criminal appeal. He is considered one of  the top criminal lawyers of India.

I saw that he worked hard. He used to be in his chamber at 8:00 am to read his cases.

In this case, it appeared that he had made notes in his register about each exhibit in criminal case. This is a deeper method. It needs hard work. A Criminal case may have over 300 exhibits. In his register, he had made his notes against each exhibit. This is a thorough method. The moment you make such notes, you begin to see a way out from an otherwise airtight looking case.

I copied his method in a criminal appeal. While making notes against each exhibits, I came across an inland letter which had two postal stamps on it. The significance of these postal stamps were missed by all Courts below. On basis of these postal stamps, one husband and his father and mother were acquitted by Supreme Court. (Justice A.K. Patnaik and Justice S. G. Mukhopadhyay bench) https://indiankanoon.org/doc/50240550/

3) Method of Understanding minute to minute time line of what happened preceding the moment of crime and what happened immediately after crime, on minute to minute basis till the investigation is over.

Once I was sitting in Court presided by Justice G.T.Nanavati. Hearing of a Criminal Appeal was going on.

It appeared that the timeline of crime event was being  examined on minute to minute basis.

It was probably a case where multiple Dying Declarations were relied upon by prosecution. In such cases, such minute to minute analysis of crime scene can bring out truth or falsehood of evidences.

This is probably very tough method. It requires hard work plus imagination to examine time gaps and its relevance.

These are the three broad methods that can help in preparing a Criminal Appeal.

Haresh Raichura 16/11/16

LR- 27 An old format of List of Dates in A Special Leave Petition filed in Supreme Court

This may have been drafted in 1980 or earlier. But I saw it in or around in 1990.

It was a special leave petition drafted by Late Shri I. N. Shroff when he was an Advocate on Record. I have never seen him.

The list of date in that case was so succinct that it still lingers in my memory.

It was something like this:

Dt...... Plaintiff filed suit for...and  prayed .... that

Dt.......Trial Court framed following issues and replied as under :
Issue 1.....  Answer : Yes
Issue 2...... Answer : No

Dt...... Plaintiff filed appeal where appellate court framed following points for consideration and decided as under :
Point 1.....Answer : No
Point 2.....Answer : No

Dt....... Plaintiff filed appeal in High Court and High Court dismissed it giving reasons (1)...(2)...

Dt...... Plaintiff filed this special leave petition as impugned judgement is contrary to judgement of this Hon'ble Court in . ....SCC Vol... Page... Titled ....versus ......

This is the breifest list of date I ever come across.

Haresh Raichura
15/11/16

S-35 Tips for Young Lawyers: If you want honey, you should go where there are lots of honeybees.

There are many books to guide young lawyers on law. But are there any books which teach young lawyers how to get cases?

I am not sure. I have seen one such book in 1982 when I had just joined District Court Bar. I had found this book in Library of my Senior.

Today, I vaguely remember only one advice from this book.

It said that in initial years, you should go to many social events. Like marriage functions, community functions, someone's death related social gathering, political gathering etc.

After reading this book I understood behaviour of my Senior. In every evening I had to sit alone in his office, whereas he used to keep going to different social gatherings in evenings..

The suggestion is : If you want honey, go where there are lots of honeybees.

A contrary note: This suggestion has never been useful to me, because I am an introvert person. An introvert person feels uneasy in social events. He prefers to read books at home.

Haresh Raichura 15/11/16

S-34 "Are We Left With No Standards?" - A conversation in Court.

"Are We Left With No Standards?"

It was Court No.2 in Supreme Court many msny years ago.

The presiding Judge was Justice S.P.Bharucha as he was then.

The top Senior Advocate of Supreme Court was about to open arguments in a mega corruption case of a top politician of India.

Justice Bharucha confronted the Senior Advocate with this question.

"Are We Left With No Standards?"

The question left deep impression on my mind. Even today I can remember this scene vividly.

Later I wrote a poem around this question.

In poem, a Sparrow comes and tells the Judge, "Yes, we have standards. Our Lawyers and Our Judges have the best standards. We are proud of them."

Haresh Raichura 15/11/16

S-33 Play with the life events as if you are a batsman

Play with the life events as if you are a batsman and the life events are balls coming towards you. Play one ball at a time. Take single runs when you cannot strike a sixer. Let your score continue to go up in whatever activities you do.

Following words are attributed to Vijay Merchant. (As read in a MidDay article)

1) Cricket has taught me to tackle problems as they come, the way one plays every ball on its merit.

2) Cricket has taught me to make up for the failures of others in a game. It has taught me to help those who are less fortunate than I am.

3) Cricket has given me a sportsman-like attitude to life, an attitude which I would have never normally developed.

Haresh Raichura 15/11/16

SP-6 Conclusions of Experiments made between 1982 to 2016 on what should be done if God does not born again

Conclusions of Experiments made between 1982 to 2016 on what should be done if God does not born again and who are Persons whom we can approach for help.

In 1982, when I joined Junagadh Bar, I saw a rape trial. The accused had committed 20 rapes and yet he stood acquitted. Because no evidence came on record. Even the victim turned hostile because of fear.

I wondered what can be done if God does not born again, who are the persons to whom we can reach for help.

Between 1982 to 2016, I made over 200 experiments. Today I am concluding these experiments with this post.

I found answer in GITA, where it is said, "I live as Glory in Glorious Persons and I live as 'Power to punish evil Persons' in Strong Persons".

"All Glorious and Strong Persons are Parts of Me, whoever shall express his wishes before such persons, his wishes shall be fulfilled by Me, in accordance with his merits and in accordance with nature and strength of those Glorious and Strong Persons".

"Evil Persons will refrain from doing evil on their own in presence of Glorious and Strong Persons"

"Mankind should sponsor Glorious and Strong Persons"

By these definitions, I concluded that "All Judges and all persons listed in Who's Who in India are Parts of God"

The Experiments.

Whenever I found a situation where I needed help of God, I used to drop inland letters to Judges or to Persons listed in Who's Who.

Sometimes I saw help coming by miracles. Sometimes I saw no miracle. Sometimes I saw no help coming.

Wherever, I deserved help, I saw that someone helped me without being seen and without leaving evidences. It just looked like a miracle.

I cannot write about some experiments. Because I have forgotten and need not recall them. But there are some innocent experiments about which I can write. I will write in next few days about these innocent experiments.

Mostly the experiments where with Judges of District Court, High Court and Supreme Court and on some Persons listed in Who's Who in India.

By and large, I have reached conclusion that there are "Persons who daily help others even if they are not their relatives and friends"... Such persons are part of God and they can help us if we write to them about problem faced by us and if we allow them to help us in such a way that they need not have to get involved with us.

This is my conclusion of these experiments.

Haresh Raichura 14/11/16

S-32 What can you do when you see no path which can lead you ahead in your career?

What can you do when you see no path which can lead you ahead in your career? What can you do when you feel stuck?

There can be many answers. But I will speak from my experiences.

Probably in 1980, I learned about this brain storming method from a book in public library.

This method can be named "20 Sentence completion exercise."

On a piece of paper, you should complete following sentence 20 Times.

1) In order to move further in my career, I should...........

You should use your imagination to complete this one sentence. You can write whatever that may come to your mind.

Then, 2nd sentence and so on upto 20.

You may find this exercise easy upto 4 or 5 sentences. Then you will have to think harder each time. After 10 it will be really difgicult to go on.

In the process, you may find your path.

The science here is : We have conscious mind and subconscious mind. The subconscious mind has much larger data base than conscious mind has. The 20 Sentence Completion method digs out suggestions from our subconscious mind.

I used this method many times since 1980. You can try. It may or may not work for you. Because we all are different. Our minds are different.

Haresh Raichura 13/11/16

LR- 26 👏👏👏 Social Security for Lawyers

👏👏👏 Social Security for Lawyers 🌼 Natural Death or Accidental Death of a Lawyer. Family will be paid Rs.5 Lakh. 👏🌹🌻 Probably Supreme Court Bar Association is likely to be First in India to introduce such group insurance scheme 🌼💐🌹🌻👏 Should other Bar Associations take similar steps in consultation with local insurance company branch? 🤔🤔🤔 The pleasant part is : Premium for the Insurance Scheme will be paid by Bar Association 👏👏🌼👏👏 Thanks to Office-Bearers of Bar Association.🙏🙏

S-31 Tips for Young Advocates : Give top priority to polishing your English Language.

Give top priority to polishing your English Language. Learning workable English is not enough.

For some more years to come, the Language of Supreme Court and High Courts will remain English. It is better to be best in this language if you have intention to practise Law.

I remember an incident. I was in 8th Standards in a Gujarati Medium Municipal school in 1968. That day, it was period of English subject. English Teacher was Shri L.M.Mehta.

The teacher had checked all exercise books and he was in process of returning books to students.

Suddenly he lifted my exercise book and pointed out to the whole class what I had written on front page of the book.

All others had written

" Subject = English".

Whereas in my book, I had written words,

" Lovely Subject : English".

The teacher appreciated this in presence of whole class. This had positive effect on me.

Thereafter, my interest in learning English grew very fast. I read books of Grammer, Sentence Structures, vocabulary, books pointing at common errors in English etc. I read several books of several authors and I tried to learn better English.

After graduation, when I joined Bar at Junagadh District Court,, I found that only few senior Lawyers had command over English. Rest were fumbling because of study in Gujarati Medium.

I think it is my knowledge of English Language that helped me to move from District Court to High Court and from High Court to Supreme Court. Had I neglected English, I may have been still practising in Junagadh District Court.

My suggestion is only this:

Learning worktable English is not enough. Try to polish it as much as you can. Give it a higher priority.

Haresh Raichura 13/11/16

S30 Tips for Young Advocates: How to look like an expert lawyer.

What I did in 1982, may not work today. But I write this for whatever worth it may be.

I had just joined Bar. I had no cases. So in spare time,  I wrote two booklets.

One was on Prevention of Food Adulteration Act. I wrote in simple Gujarati language so that people can understand it. It covered important topics from this law which may be useful to layman and all shopkeepers.

1000 copies cost me Rs.1000/-. I priced booklet at Rs.5 and distributed to few footpath vendors for selling.

I think second booklet was about Motor Accident Claims Cases. It was also distributed in same way.

I remember vaguely that I got two cases because of these booklets.

Fees received from these cases were much more than costs of booklets.

Secondly, I saw that a fortnightly called "Imarat" was published from Vadodara. It was specially for builders and Govt contractors. I began to send articles about law of contracts and tenders. The articles were published.

I vaguely remember that I received a case of one builder because of these articles.

Tip : If you sit down to write a book on some specific law, the process of writing book itself can make you expert on that point of law.

Haresh Raichura 12/11/16

LR- 25 Do you know that powers of a Judge to punish for his contempt was existing even before the Contempt of Court Act was passed by Parliament?

Do you know that powers of a Judge to punish for his contempt was existing even before the Contempt of Court Act was passed by Parliament?

Even if there is no Law to punish for Contempt of Court, a judge has always inherent powers to punish for his contempt.

For punishing for Contempt, it is not necessary that Contemptuous Material should be on Record. (Vide Pre Independence Contempt case of KL Gabba.)

Truth is no defense in contempt proceedings. Even if what was said about the Judge is true, the Contempt punishment can still be made out.

The Judge has always inherent power to punish anyone who 1) Interferes with his judicial process 2) Lowers the dignity of office of a Judge 3) Or, who criticise the Judge. You can analyse and criticise his judgement but you cannot make personal attack on integrity or intellectual capacity of any Judge.

To understand Contempt Law, you have to study history of 500 years of development of Judiciary and Law of Contempt. There is time tested wisdom behind protecting Judges against personal attacks.

Haresh Raichura 11/11/16

LR 24 "Constitution Day" 26th November, 2016 in Supreme Court.

"Constitution Day" 26th November, 2016 in Supreme Court.

This day is celebrated every year in Supreme Court Bar where Chief Justice of India, Law Minister, President of Bar, all Justices, Former Justices and other dignitaries participate. Lawyers who may have written any books are also awarded at this function.

I wonder if similar way, this day can be celebrated in various High Court to strengthen our commitment to guard Constitution of India, in memory of 26/11/1949 when Constitution Assembly adopted the Constitution of India

In various High Courts Bar, Presidents and Secretaries should think over this suggestion. It is an ideal way to co ordinate exchange of views between High Court, Bar and Law Minister.

Haresh Raichura 10/11/16

S29 Once A Senior Advocate rejected free gift a brand new sports car.

Once A Senior Advocate rejected free gift a brand new sports car.

I have not seen him. I do not know his name. But in Supreme Court Bar Library, there are many old timers who often talk about high standards of Senior Advocates who have gone by.

It was one such conversation that I had heard.

These were times when Fees of every Senior Advocate was same. Rs.1100/- per appearance. You can engage top most senior advocate for same Fee.

One such Senior Advocate won a case. Next day his client was waiting for him in Supreme Court Car Parking with keys of a brand new sports car.

As soon as Senior Advocate came, his client offered car and keys as gift for winning his case.

Senior Advocate was tall. The pride still mattered in those days. He rejected the gift by saying, "Your car is too small for me."

He was a principled man. He was role model for Lawyers of his times.

Haresh Raichura 9/11/16

S28 A Reply to a Law Student who wants to become an Advocate in Supreme Court

Reply to a Law Student who wants to become an Advocate in Supreme Court.

Last week, a second year law student from a small District of Maharashtra, wrote me on Facebook Messenger asking guidance for becoming a Supreme Court Advocate. He asked several questions to me..

I did not reply.

So after somedays, he once again requested for a reply.

After thinking for a couple of days, I gave him following reply.

"I would like to clarify. It was not the problem with my time. The questions were framed and put by you were such that they invoked negative responses in me. Therefore I did not reply.

Secondly, it appeared that you had capacity to think out answers to your questions but you did not want to think on it. You wanted someone else to think for you. Therefore also I choose not to reply.

I suggest you to see a very famous YouTube video.

It is titled the "Strangest Secret of the World" by Earl Nightingale.

The Strangest Secret is, the people do not want to think.

If you will see this video, you may find answers to your questions. Bye."

I think this reply will guide many other Law Students too.
Haresh Raichura 7/11/16

SP- 5 A great Man's daily prayer at night

SP- 5  A great Man's daily prayer at night...

"I do not believe in God. I do not go to any temple. But before going to bed, I try to recollect the services I offered humanity during the day. Even if I remember one or two instances, I feel satisfied. That is my service to God. I have not slept any day without offering some service to humanity.” - Vijay Merchant

LR- 22 Love Your Lawyer Day. Need for proactive steps in social media to dissolve prejudice of strong dislike against lawyers.

LR- 22 Love Your Lawyer Day. In US, 4th November was celebrated as #Loveyourlawyersday. It is a great thing.

In Indian society, people generally hate Lawyers. They love their lawyer only when they are in need of a good lawyer.

Lawyers have role to play in Guarding Constitution. They have duty to protect people against Executive and Legislative oppression.

We therefore need some event in India, like #Loveyourlawyerday. This can awaken spirit of lawyers and citizens both.

The strong social prejudice against Lawyers need to be dissolved by proactive steps. This can strengthen justice delivery system also.
Haresh Raichura 5/11/16

S-27 Could it be true to say that Lawyers who "Articulate what they say" are making more money than Lawyers who don't "Articulate" ?

Could it be true to say that Lawyers who "Articulate what they say" are making more money than Lawyers who don't "Articulate" ?

Someone recently made research and found that in all walks of life, people who "Articulate", make more money than people who don't  Articulate.

There is a simple way to test this proposition.

First look up at various definitions of word Articulate to know what does it exactly means.

Then look around people in your daily life. Do you find that people who "articulate" what they say are making more money than people who don't?

Speaking for myself, I have found that Judges and Lawyers at top, when they speak, they articulate each word they speak. This must have taken them years of practice before they can do it almost naturally.

Try to find out truth for yourself.

Haresh Raichura 4/10/16

S-26 A Lawyer who used to win almost every Bar Election WITHOUT canvassing for votes.

Today I just thought about late Shri M.N.Shroff, who was a member of Supreme Court Bar Association. He used to win some office in every election. And he never canvassed directly or indirectly for Vote in his favour.

He had such a good reputation that he used to get elected without trying for votes.

Once I asked him about this. From what we discussed, I could see 3 points which used to help him to win every election without canvassing for votes.

1) It seemed that he had made a point to ATTEND every function or meeting of Bar Association. He was punctual on this aspect. He believed in ATTENDING every function/ meeting of Bar Association. To him, meetings and events of Bar were more important than clients and work.

2) He used to bring a walking stick with him whenever he came to any Bar Function. The walking stick used to make him conspicuous.

3) In every function he will come early and will find a seat near entry gate in such a way that everyone who came in function used to notice him and he used to notice everyone who came.

These were the 3 points which I could see.

Of course he was a great human soul. He had many good qualities. But I thought that these were three points which helped him to win in every SCBA election without canvassing for votes directly or indirectly.
Haresh Raichura 3/10/16

S25 Shun the people who speak ill of legal system, the Lawyers or the judges

Shun the people who speak ill of legal system, the Lawyers or the judges. These are Bad Men. They will never do any good to you. The moment you will listen to them, they will sow doubts in your mind whether you have chosen a right profession to invest your life into. These doubts will eat away your passion. You will lose enthusiasm to maintain high standards of the legal profession. And then your standards too will start falling.
There is a book called "Brief History of Time."  It is by a scientist. It says that if left to itself, everything in Universe moves from Order to Disorder. If left to themselves, all High Standards will continue to slide down towards Low Values and Low Standards. In legal profession there are people who continue to maintain High Standards and they try to continue to lift  standards of others by becoming good role models for them.  Listen to them instead of listening to disgruntled litigants who have lost some cases and have not digested it. They miss no opportunity to slander and denigrade legal profession. If you will listen to them, you will lose enthusiasm in your work. Avoid them and shun them as if they have pleague. Do not lower yourself by arguing with them or by engaging with them. They have nothing constructive to suggest except ranting about cases in which they were parties. They feel peace by venting out slander. But they are no good for you and for your work. They will undermine your passions about your vocation and life purpose. So avoid them. Be the change you wish to see in the world. 1/11/16

S24 Dignity and Mutual Respects in Court Rooms

Do you know that Court Room is perhaps the only place in world where every  Advocates looks at each other with equal dignity and respect ? A lawyer may have come to court in Rolls Royal car. But once inside Court Room, he will give equal respect even to a lawyer who may have come on a bicycle. Even Attorney General or the most nation wide famous senior advocate will treat a junior Advocate with equal dignity and respect inside a court room. Outside Court Room, the whole world is full of rankism. People with higher power have higher ranks. Those with lower ranks have lower power. Abuses based on ranks will be found almost present in every interaction. Dignity and Respects between ranks will be often missing in general world.. In Supreme Court's Court Rooms, I have experiences of having been treated with utmost dignity and utmost respect even by top Lawyers of India. Outside Court Room, they may not even notice or recognise us. That is a different thing. But inside Court Room there is always a decorum of dignity and mutual respect. This is the convention of this great profession. This is the tradition of our profession since time immemorial.-  Haresh Raichura 30/10/16

S23 Two valuable tips for Law Students, Interns and for Young Lawyers.

If you are a Law student, if you are a first generation in law, then you will have to work harder than others.

If you feel inclined, you can start working from college days by making and daily updating two registers.

1) A register of books you have read. Late Attorney General M C Setalvad used to keep register of books he had read. It's colums can show Sr.No., Title of Book, Name of Author, year of publication, number of pages and Dates on which you have read book.

2) Register of Law Reports of Cases you have actually read. It's columns can be Sr.No, Title of Case, Names of Judges, Law and sections involved and Points as you understood from cases, dates on which read.

After taking law degree, when you will join Bar, you may feel edge over others if you have these two registers. For job interview if any, these will be good testimonials to show that you are not lazy and you are capable of hard work.

Haresh Raichura 30/10/16

LR21 New generation may never see such types of lawyers, the Lawyers who used to bow to court building while entering it and leaving it.

New generation may never see such types of lawyers, the Lawyers who used to bow to court building while entering it and leaving it.

Why should a lawyer bow to a court building while entering it? Why should he bow to it while leaving it? It is a lifeless structure of Court building. What purpose does it serve to bow to it?

This advocate's surname was Bawa. I saw him between 1990 to 2010. Everyday at 9:30 he will enter Supreme Court building. He will put his attaché aside. Will stood still. Hands joined. Head bowed towards dome of Supreme Court. He will pray something. Then he will lift up his attaché and will go towards Bar Room Library 1. He will do his work. In evening, when he will leave Supreme Court building, he will repeat salutation to Supreme Court building, the way he did in morning.

He was a simple Advocate. After 2010 he stopped coming. Once he came and distributed his book in Hindi about meaning of GITA.

His rituals of bowing to Supreme Court building are still a mystery to me. Perhaps new generation will never see this type of Advocates.

Haresh Raichura 29/10/16

CA4 Advice to a young tycoon lost in a dozen of civil and criminal cases

I have seen many such young tycoons. Once they were rich. They can get  loans of any amounts. They specuated on borrowed money. And they lost. They could no longer keep their commitments. Then the money sharks were after them. Burdens of interest were beyound their imaginations. Then they tries to optsmart laws. Non bailable warrants were after them. Qhashing petitions failed. Now the money sharks paid Supari to police to arrest them in one case and get all money of all cases recovered by using torture.

Now they are trapped. No sympathy from Courts to absconders. No Lawyers can save them from money sharks.

Here is my view. You should act on it only if your lawyer advises. : 1) Get whole of troubles narratted in an affidavit. Name money sharks and police who may be after you. Write down all your fears. Get Affidavit notarised and registered. 2) If necessary upload a YouTube video and speak out all your fears of torture. 3) Then surrender in  all Court cases. Appear in all cases. Defend as per law. Ask for protection where you fear custodial death or torture. Court's sympathy and powers both will be now with you.
Haresh Raichura 29/10/2016

S-22 Learning English in Public Library , not in school.

English is one thing which made it possible for me to move from District Court practice to Supreme Court.

The municipal Higher Secondary School where I studied, annual tution Fee was 0:25 paise per year. My main learning happened in Public Library.

I studied English in Public Library, not in school.

In Library, I began with books of 1000 word vocabulary. Then 2000, then 3000, etc. These were well structured books. You learn new words by making inferences from words you already know and then grow. If I could not comprehend a book, I used to visit it two month later untill I can comprehend all its words. I did not look up in dictionary to understand new words. Meaning was to be learned from surrounding words.

Gradually, I finished reading almost all English books in Public Library. And learned English side by side.

Reader's Digest Condensed volumes of great novels, Sherlock Holmes books, Parry Masion Lawyers books are some of the books I still remember.

Tip : Next time when you may be reading any High Court or Supreme Court Judgement, try to see if there is some new word which you already did not know. The new words are ladders of knowledge.

Haresh Raichura. 29/10/16

LR- 20 A story for Those Lawyer who oppose "One Bar - One Vote"

LR- 20 A story for Those Lawyer who oppose "One Bar - One Vote"

In a small Tahes Place, a new lawyer opened his office in a wooden cabin put opposite Court Entry gate. On cabin blow his name, he wrote "Supreme Court Advocate"

He soon got clients. An an angry Advocate filed FIR against him under IPC 420 for cheating punlic.

Police said, to Advocate, that he will arrest him unless he will show that his name is in volter list of Supreme Court Bar.

New lawyer showed that once his name appeared in an order sheet and he has applied for being member of Supreme Court Bar. He showed providions of Advocate Act that all Advocate can appear in Supreme Court.

Nothing satisfied police.

So this new lawyer had called me for advice.

I will leave this story here.

Think about advantages of One Bar One Vote.

Haresh Raichura

S-21 Ten Days after Chikungunya Looking for Siverlining in Chikungunya.

"Look for silver lining in every dark cloud".. I had overheard these words from Fali Nariman some years back.

Almost every house in Delhi is down with fever of chicken guniya and dengu.

My turn also came. After 10 days, I now feel better.

So I looked for silver lining in Chikungunya. It is great experience. Reminds us about mortality. Clears our head inside out. Unfixes and refixes every joint of body. Gives us break from work. Gives us time to meditate. So sweet cocoanut waters..fruit juices...

This is the concept of looking at Silver lining in every dark cloud.

Next time if you get in any bad situation, try to look at Silver lining.

Haresh Raichura 24/10/2016

S-20 A God to whom anyone in India, from anywhere, could write letter seeking help and help used to arrive in few week

A God to whom anyone in India, from anywhere, could write letter seeking help and help used to arrive in few week. An amazing story of an Indian tycoon.

In 1982, I had just joined Bar at Junagadh. I had no cases. So I put up a notice on notice board of District Library that I was available for free social work.

On reading this, a handicapped man named R came. He said he wanted to set up a workshop for handicapped person and he needed Rs.1 lakh.

I looked up in India's Who's Who book to see if anyone was listed there who may be interested in helping handicapped persons. In Humanity section of book I found name of Vijay Merchant. It said that he was a renowned retired cricketer, working in social work of blinds, handicapped etc. His Moto was "Serve the mankind, Charity begins at Home and Play the Game"

I dropped a letter to him for this handicapped person. After two weeks, a representative of a charitable trust of Ahmedabad, personally visited R at his home. Listened to his wishes. Then he assured R that they will give needed finance but first he has to prepare and submit a project report of his proposed workshop.

Thus it ended. Niether R nor I, knew how to prepare Project Report.

Later when I was at Mumbai, I went to see Vijay Merchant. It turned out that he was also a  Chairman of a large group of companies. Public was allowed to meet him daily between 2pm to 4 pm.

I saw him briefly but I quickly understood his way working.

He was surrounded by four well trained steno graphers. A heap od letters received from all India was on table. One by one letters were explained and replied. It seemed that Stenos have directories of charitable organisations all over India. Letters were forwarded to nearest charitable institute with request to help the letter writer if he so deserved.

The folloow up actions were taken up by those charitable institutes.

Vjay Merchant had also contacts within a national newspaper group. If he needed more information on anyone, he used to collect information through press.

Later in an Interview to Illustrated Weekly, he said that there are so many social organisations doinf work on general issues. But no one is interested in doing "Individual Service".

He stressed need for an institute which can help each individual for his specific problem.

He had also written a book called "Gandhiji - On trusteeship principle" From this you can understand his nature.

He was God for those who had received help through him.

Haresh Raichura 20/10/2016

S-19 Story of An Advocate on Record who suffered from Parkinson's Disease

Story of An Advocate on Record who suffered from Parkinson's Disease and how few letters made it easy for him to die peacefully in his village.

I first saw him in about 1991, sitting in Library No. 2 in Supreme Court. He was now and then shaking up with spasms in whole body. On inquiry, I found that he was an  Advocate on Record and he was suffering from Parkinson's Disease. His name was V.

I approached him and asked if he would sign my cases for Fee of Rs.500/-. At that time I was not AOR, so I needed some AOR to sign my cases. He agreed to sign my cases on condition that he will have to read my grounds before signing it.

I signed few cases through him. One day I asked him why he was not going away to his village since his disease was worsening day by day.

He said he had not enough money to go back to village. Secondly, medicines were costing him Rs.500/- per day. Twice circulars were circulated to members of Bar for help. Some help comes if he stays here. Further here he makes some money by signing in cases of other Advocates. This helps him to buy medicines.

After two days, I wrote a letter to Hon'ble Chief Justice M.N.Venkatchalliah and four other senior Judges of Supreme Court, describing plight of this Advocate on Record.

Then I forgot about letters. I did not tell that Advocate or to anyone about the letters which I had posted.

After one month, I did not see him in Lib.No.2.  On inquiry I was told by his friends that he had gone back to his village. A senior advocate named A had donated a huge amount for his welfare. He was sent with six months medicines in advance. A fixed Deposit was created so that from its interest, every month costly medicines can be sent to him.

After about 3 years, I read a circular in Bar announcing that this Advocate on Record has passed away peacefully in his village.

It is now 25 years. Till today I have not told this story to anyone in Supreme Court Bar or to anyone else. Today that Advocate on Record is no more. The Senior Advocate who had donated huge amount has also passed away.

I think this story need to be told. Hence I have written today.
Haresh Raichura 17/10/16

S -18 How to file Art 226 Writ petition in High Court in Rs.25/- only....This is a true story

How to file Art 226 Writ petition in High Court in Rs.25/- only....This is a true story. But please do not try to copy it. It may not work now.

In 1982, I had just joined to practise in Junagadh District Court. A widow came with complaint that her family pension was not being cleared by govt though she was trying since 2 years. Some technical objections were raised by govt.

I said, if she will pay me Rs.300/- plus bus expanses for going to Ahmedabad, I will file Writ petition in High Court for her.

She had no such money. I asked if she had Rs.25/- ?

She said yes. I took the money and typed an inland letter in name of widow to the then Justice I C Bhatt of Gujarat High Court.

The Judge treated this letter as Writ petition and pension of widow was released in a month.

Position Today: Probably in all High Courts and in Supreme Court, there are PIL Cell officers who look into such letters. They have guidelines. They dispose of letters as per guidelines. Sometimes they forward it to concerned authority, sometimes if issue is grave, file is put up before Judges on judicial side.

In 1982, there were no such guidelines. Therefore the letter worked. From his judgements, I felt that Justice I C Bhatt must be a kind person. This was my reason for posting this widow's letter to him.

This idea worked then. It may not work now if you try to copy this idea.

Haresh Raichura 15/10/2016

S-17 Routines of a successful lawyer

Routines of a successful lawyer

1)Take a blank page.
2) Write at top "5 Routines of a well balanced successful lawyer"
3) Then list these 5 routines. These 5 routines everyone has to think out as per his own nature and circumstances.
4) Then write below "I will give myself Rs.100/- everyday when I am able to keep this 5 routines.
5) Review your benefits after a month.

Haresh Raichura 15/10/16

S-16 Do you know that all retired Judges of High Courts and Supreme Courts have great strength to help public casues and they can respond to your letters?

Do you know that all retired Judges of High Courts and Supreme Courts have great strength to help public casues and they can respond to your letters?

After retirement, they have no judicial powers to help you. But their strength lay in fact that they can be knowing lots of people who can help you and can advance your csuse.

If they receive a letter seeking their help, their reactions may be something like these:

1) First, they may frown. They are living retired and peaceful life. People are not supposed to bother them.

2) A minute later, second reaction will come. If letter will look nicely typed and brief, if it is short, they may curiously look into it and may read it.

3) If writer of letter is not clear about what help he wants, if he is abusive and arrogant, if letter contains offensive and rude words, he will drop the letter in wasteaper basket and will forget.

4) But if letter is clear, humble and if the cause invokes his sympathy, he will think further, "What can I do about it? Do I know anyone who can help this man? If I forward this letter to someone whom I know, will he be able to help this man? "

5) If he finds from his memory someone who can help this man, he will forward this letter to that person.

6) Within a month, something good will happen.

I have tested this method many many many times. The key is to write a short letter which the judge can forward to concerned officer and the letter should contain no word that can hurt even the person to whom letter is forwarded. Do not give long details. They are not bound to go into details of your case. Just state outline of your problem and nature of help you want.

And most important. Be not discouraged if you receive no replies and no acknowledgements. Write only  ordinary posts. Do not send couriers or registered post. This will annoy them unnecessarily.
Haresh Raichura 15/10/16

S-15 How to Pass Advocate on Record Examination in Supreme Court ? A crucial tip.

Every year, Supreme Court takes examination for Advocates who want to make career in Supreme Court. Once an advocate passes this exam, he can file cases in Supreme Court under his own Vskalatnama.

Many Advocates have failed in this exam even after trying 17 times. Many drop the idea after failing in Exam two or three times.

I had passed this exam at my first attempt. Therefore I would like to give a most crucial tip.

All other details about examination, you can read from Supreme Court Rules. But no one will tell you about the tip I am about to tell you.

Two months before the exam, Supreme Court notifies list of leading cases from which questions can be asked in Exam. This list changes every year. In two months, you cannot read these big judgements even once.

This is the sieve test. Only those who can alalyse a Supreme Court Judgement and those who are genuinely and regularly interested in Supreme Court work, will be able to pass this question paper of Leading Cases.

So? What is the tip? The tip is, next time when you are reading any judgement of Supreme Court, try to analyse it a little further.. Try to read directions in which trend of Supreme Court is moving. Try to see how it has shifted from earlier trend in same type of judgements.

If you can see the trend, your chances of passing the exam increases. This is my firm view. Haresh Raichura 13/10/16

LR-19 Unconstitutional Rules of an Old Age Home, "If you will be unable to walk to common canteen, we will not keep you in our Old Age Home

Unconstitutional Rules of an Old Age Home,

"If you will be unable to walk to common canteen, we will not keep you in our Old Age Home. We keep  old people only till they are able to walk."

There may not be yet Regulatory Law or Regulators for Old Age Homes in India.

But even then, Writ Petition or PIL are maintainable against such Old Age Home and they can be forced to take care of old aged people even when they are too weak to walk to common canteen. -Haresh Raichura 12/10/16