When you have a very big problem in court case, perhaps the following words may help you in understanding and solving the case.
Big problem should not be solved in one go. Problem should be broken down in small pieces and then pieces should be cleared one by one.
This how courts also work. On each date there is one stage of litigation. Case moves stage by stage.
Knowledge about these stages is very important
- Haresh Raichura 3/8/2016
Sometimes God do things through us without our knowing. We consider these as our accidental mistakes. But there is a hidden message in mistakes we do unknowingly. These messages are for our good only. There has been scientific researches on our "unknowing way of making mistakes." These researches are reflected in Dr. Sigmund Freud's book "Psychoanalysis for Everyday life"
Haresh Raichura
29/8/2016
New lawyers face lot of difficulties in their first 3 years in legal profession. Unless they are from family of rich lawyers, they do not get cases or fees initially.
I think that Bar Council of India and State Bar Councils of all States should give Rs.1000/- per month for three years.
It seems Jharkhand Bar Council has some rules for this purpose.
Stipend For Junior Lawyers
(From Website of Jharkhand State Bar Council)
Stipend Rules
With the objective to provide some encouragement to the young and newly enrolled advocates, Jharkhand State Bar Council has formulated and passed "The Stipend Rules, 2016" on 09.01.2016. Under the Rules a Stipend of Rs. 1000/- per month shall be paid to the newly enrolled advocates for the first three years of their advocacy, provided that the newly enrolled advocates are less than 40 years of age. The Stipend amount is likely to be enhanced as per availability of fund. The Rules have been sent to Jharkhand Advocates Welfare Trustee Committee for consideration and notification. The payment under the Rules is likely to commence from 1st April, 2016. The measure has been lauded as another landmark effort for enhancement of skills of the young and newly enrolled advocates of Jharkhand.
If you do not have any bad experiences with young lawyers of India, kindly share this article so that those who can do something in this area can be persuaded.
Humble persuasion is the only way I know to bring changes in society.
Haresh Raichura
27/8/16
There is a fundamental right to practice any religion of choice.
There is also a fundamental right of equality in right to enter public place without being discriminated on ground of gender.
Suppose these two rights clash with each other. Suppose if court upheld Right to Religion, then, it will have to sacrifice Right to Equality !
And suppose there is a situation where if you uphold right to equality, then you have to sacrifice fundamental right of religion !
How judges decide?
1) I read somewhere some time ago, a freak case filed by a Hindu Woman in an American Court.
She claimed that she follows ancient religion of Pandava where a woman has right to marry Five Husband. She sought permission from court to marry five husbands
American Court dismissed her suit saying that Constitutional Rights are above Religious Rights.
I did not note down the case. Therefore, I cannot say how one can find this case.
2) Some years ago, the then CJI B S Kapadia said that we are now in an era where instead of deciding which right prevails over which right, we have to balance competing fundamental rights. This is done by invoking principle of Reasonable Restrictions.
3) This requires that in each such case, the Court has to inquire into one more aspect, namely, "Does this restriction come within preview of Reasonable Restriction"?
Conclusion: The recent trend in laws in India has Pragmatic Approach. The courts are now willing to stretch their earlier concepts wherever it can lead to better good for all.
Haresh Raichura
26/8/16
Krishna is my God also. I often describe Him as a Mysterious Man who used to help us even if we were not His relatives or friends. He helped us at that time. And He helps us even now. He continues to change His name and face. Sometimes He comes and helps me with your name and face. And I can never recognize Him. I just feel a bliss when His help arrives.
Haresh Raichura
26/8/2016
Do you know what is the biggest problem when someone tries to fight a big social evil?
The person who enters in arena to fight against Monster himself transforms into a monster.
And he never knows that he himself has become a monster.
The power residing in monster transfers into person who has overcome the monster.
Haresh Raichura
25/8/16
Just gave following reply to an old time lawyer. If you are in legal profession since long, you may like it.
"Nice to know you! You have sweet memories. Now times have changed. We work as lawyers but we are no more lawyers. We just keep filing cases."
The point I wish to make is, the legal profession was considered noble profession because at some point of time, there were lawyers who maintained high standards.
These lawyers and their values appear to have gone.
Haresh Raichura
25/8/16
Since 25 years, a lawyer friend is trying to convince me that we can do nothing unless we have mandate from God to do it.
He however is unable to say how can we apply for mandate from God. He says we have to just wait.
The debate is eternal. Are circumstances master of a man or is man master of his circumstances?
Haresh Raichura
25/8/2016
The problems of Evidence in cruelty cases are often these:
1) Cruelty happened at house of husband. Eyewitnesses will be relatives of husband. They are bound to depose in favour of husband.
2) Wife will not be able to get even neighbors as witnesses.
3) So she will bring her own relatives with whom she talked on phone about cruelty. They are bound to give evidence if favour of wife.
4) Judge has practically no independent evidence.-
Haresh Raichura 21/8/2016
Why people should personally meet and have conference with some lawyer instead of applying law learned from Google, Facebook, LinkedIn, Twitter and WhatsApp.
One reason is this.
Most legal issues are mixture of Evidences + Law. This mixture is different in every case.
People mostly want to know, if A is B than what should we do?
This is mistake.
Because when we examine a case in depth, we find that there is no A and B. There is usually A + Z+ Y and B, and therefore answer should be something different.
Law is continuously in flux. More complicated than all other arts.
When you are reading this, Law might have changed a little further.
(Copyright- Haresh Raichura)
Want to file a PIL? Then know this :- 1) PIL must contain some indisputable evidence which govt cannot deny. 2) Thereafter, the court may enlarge scope of PIL to cover similar cases. 3) Initially use RTI to collect indisputable evidence
An agreement was entered between a Law Teacher and a Law Student.
Under the agreement, student has to pay 50% of Teachers tuition fees now, and for remaining 50% fee, Student agreed to pay IF HE WILL WIN HIS FIRST CASE IN COURT.
Accordingly, Law Teacher performed his part of agreement and taught law to student.
Law Student passed exam and became a lawyer.
But he was not taking any cases. Whenever Law Teacher demanded his balance 50% fees, he avoided him by saying "I'll pay when I will win my first Court Case"...
Now, the Law Teacher became angry. He filed a Court Case on Law Student for recovery of his 50% balance fees.
Here, comes the IQ Test:
1) Teacher said to student,
"In either way you will have to pay. (A) If I win case, you will pay as per order of Court, and (B) If I loose case, you will have WON your first case, and therefore you will have to pay as per agreement".
2) Law Student said, "In either case I will not have to pay you. (A) If you loose case, I will not have to pay you, and (B) if you win case, then I will have LOST MY FIRST CASE" and therefore as per agreement, I do not have to pay you."
IF YOU ARE A JUDGE
HOW WILL YOU DECIDE THIS CASE?
You can reply in comment section.
Haresh Raichura
14/8/2016
My method of Reading GITA can be summarized in this way:
1) Find a copy of GITA where each Sanskrit word is translated.
2) Then look at meaning of each word by searching for original root of that word.
3) Then think what could be the actual meaning of word 5000 years ago. It is possible that meaning may have changed over passage of years.
4) Then you will see that your translation will differ with the meaning given in book.
5) Then you may have some glimpses of the Great Truth.
Haresh Raichura
14/8/16
Constitution Does Not Provide for Reservation for Economically backwards classes, because, then whole India will be entitled to reservation.
If 100% seats of jobs are reserved then, nothing is left for meritorious. No need for any competitive exams.
Such a law will be illegal. Supreme Court after much debate ordered that "Creamy Layer of SC/ST are to be excluded from reservation".
But this order is observed more in defiance than in compliance. The heart burning in poor of non-SC / Non-ST people can be understood.
But Reservation is not permissible unless Parliament and more than 2 States agree to re-wtite Constitution of India.
Placing burden on courts to squeeze places for more and more reservation is not justified.
Solution if any must come either from Affirmative Actions like Bank Loans or from amending Constitution for "All Classes of Economically Backwards including those in SC/ST category".
This is a very sensitive issue and many lives have been lost in past agitations.
It is not the Courts, but it is Law Makers who have to discharge burden of amending constitution.
People are bound to be confused about "Rarest of Rare Crime" because law (All over world) defines 3 things, namely,
1) Homicidal Death Amounting to murder
2) Homicidal Death not amounting to murder
3) Homicidal Death amounting to "Rarest of Rare Crime". Unless you know the difference, you cannot judge the judges.
All impulsive murders are not necessarily rarest of rare crime. Rareness is not to be judged by number of knife blows.
Haresh Raichura
12/8/16
Interesting Case : SC: If stray dog bites a citizen, the citizen can claim compensation. (Anupam Tripathi versus Union of India IA.No.4 in W.P.(c) No.599of 2015 Dated 5th April 2016)
Though SC said in pending Writ Case, SC will not entertain such future applications directly in SC, it only means that SC will not entertain such application directly. One has to first approach trial court.
Because facts are to be decided in trial court.
This does not prevent a person from proving in trial court that
1) Authority had legal duty to catch stray dogs
2) it failed in its duty to take care and to catch stray dogs
3) And therefore liability in tort law for damages arises.
If trial court finds tort liability proved, it can award damages.
Haresh Raichura
10/8/2016
In a very interesting case the Hon'ble Supreme Court has upheld a decision where it is held that its is the duty of the State to protect citizen against stray dogs.
In instant case, wife of petitioner was bitten by a stray dog.
The petitioner asked for damages against the state.
The supreme Court directed payment of compensation.
More details about the judgment can be found on Google.
The case title of Supreme Court judgment is Anupam tripathi vs Union of India and Ors.
Haresh Raichura
9/8/2016
Prison Reforms are now taking place in India.
SC gave ruling on 5/2/2016 in case titled Re; Inhuman Conditions in 1382 Prisons.
SC has directed authorities to follow Model Prison Rules 1916 which is circulated to all States.