June 30, 2016

Rain of Corruption

When politics moves away  from Ethics, the corruption begins to rain from the sky and gradually all of us become wet. Some people try to protect themselves with umbrella of Ethics. But they have to take shelter under some shed or to stay indoors . Those who give up ethics, begin to enjoy and dance shamelessly in rain of corruption.

Against rain of corruption, no laws, no judges, no leaders can save us.. Everyone has to save himself/herself. Just as people wait for stopping of incessant rain, they  wait for clouds of corruption to pass away and they wait to see sunshine once again.

The rain of corruption has one weakness. The name of this weakness is Evidence. Evidence here means Documentary Evidence and Electronically readable Evidence. Oral evidence, even if taped on video have little value as they are capable of cutting and pasting. The readable electronic or paper evidence have capacity to bring down an empire build on corruption. Necessary laws are all there. The question is do people have WILL to pursue and insist on  ETHICS in political?

The rain of corruption begin to stop when ETHICS are insisted upon by people in politics.

June 28, 2016

Charter of Men's Rights

The Law relating to Men's Right needs changes. By liking this page you can give momentum to this charter of Men's Right. This is a right step. The suggestions made here are possible to be granted by Courts in India. The suggestion here are not in conflict with other settled principles of law.

The Charter

1) No Law shall tell a man to borrow, steal or loot but anyhow pay maintenance to his wife and no court will ask a husband to sell his parents property in order to pay maintenance to his wife.

2) No interim order of maintenance in favour of a wife shall be passed until the wife and at least one independent witness has given evidence on oath about necessity for passing interim order.

3) If the wife has caused arrest of husband and his parents and sisters, such conduct of wife will be taken into consideration by court for declining maintenance to wife or for granting her reduced amount of maintenance.

4) An educated wife capable to earn shall be treated as equal to man and she shall not be entitled to special sympathetic consideration by Court deciding her transfer petition under Sec. 25 of C.P.C.

5) A domestic violence case, where there is no medical evidence of any hurt to wife should be tried as summary trial and a judge shall have discretion to dismiss such case without calling upon husband to enter his defense.

6) Sec. 125 of Cr. P.C. where courts are given power to grant unlimited maintenance without any upper limit, should be amended at earliest. Criminal Court remedy should not be allowed to decide civil rights of parties.

7) For deciding custody rights of children, the visiting rights of grand parents shall also be given due consideration and will be recognized in appropriate  provisions of law.

June 14, 2016

Law asking Landlords to not to refuse premises on the ground of religion could be unconstitutional

You need to be very clearl about one thing in the Constitution.

Prohibitions against discriminations are only against Government and Government ruled bodies.

Such prohibitions ARE NOT AGAINST PRIVATE CITIZENS.

Only GOVERNMENTS CANNOT DISCRIMINATE ON GROUND OF RELIGION OR EATING HABITS.

But Constitution does NOT give directions to citizens.

A Citizen have freedom to deal with his properties as per his own will.

None of his property enjoyment right can be taken away by government without paying compensation.

Therefore, in my view any law forcing landlords to give premises on rent against their free will , could be held unconstitutional by Courts

Haresh Raichura
14/6/16

June 7, 2016

What happens when FIR is registered. Try to Understand step by step procedure in a Small article...

1) When crime happens, information to police station reaches. But still nothing much happens.

2) When police officer, decides to treat crime as requiring investigation, he records information in a Register called First Information Register.. This is FIR.

3) Once FIR is registered, within 24 hours copy is lodged before Magistrate in court. So that no one can temper or change FIR.

4) Police has to maintain a Diary, in which he has to record every step taken pursuant to FIR

5) Within 90 days, he has to complete investigation and he has to give report to court.

6) The court has to take final call on report. If as per report, crime is made out, he can start trial.

If Police says, no crime is made out, then the judge may close FIR, or may order trial even if police says no case is made out. He has power to reject police reports.

7) In between these proceedings, anticipatory bail, bail, bail by police, remand, search and seizure, non bailable warrants, seizure of property of absconder, red corner notice for international accused, etc  can happen.

8) If FIR itself is abuse of criminal law, filed falsely, then High Court and Supreme Court has powers to set aside such FIR.

9)  If FIR is false, cross FIR can be filed, FIR for malicious prosecution can be filed, suit for damages can be filed.

Haresh Raichura
Advocate