LR-17 Death Penalty is no more a deterrent punishment in veiw of neuroscientific discoveries of "Reptile Brain" and "Amygdala"

Death Penalty is no more a deterrent punishment in veiw of neuroscientific discoveries of "Reptile Brain" and "Amygdala" in our brain.

There can be many reasons to explain why Death Penalty has ceased to have deterrent effects and why they do not prevent future crimes.

Here, I mention two neuroscibtific discoveries.

There are many parts in our brain over which we have no control. Even our thoughts and decisions depend on chemical balances in body and brain.

1) Reptile Brain: The muscle which extends from neck and on which our head rests, is identified as "Reptile Brain". It has no thinking mechanism. It controls many parts of our body. It can issue on its own commands to fight, to breath, to sex etc.

2) Amygdala is an another "small brain" below cortex of main "Thinking Brain". When we are angry or suddenly frightened, the messages reach direct to Amygdala, by passing "Thinking Brain". Then body acts without consulting brain.

3) Death Penalty has deterrent effect only on "Thinking Brain". When body is acting through Reptile Brain or Amygdala, it is not controlled by "Thinking Brain".

These may be some of the reasons to argue why Death Penalty has lost its deterrent value.

In fact, the whole Sentencology needs to be reviewed by criminologists.

Haresh Raichura 29/9/2016

SP- 4 My favourite and Practical Lines from Bhagwad GITA :

I have made many  experiments with following lines :

" I am immortal. All Glorious and Strong Persons are Parts of Me. Whoever shall express his wishes before any Glorious and Strong 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.

A Glorious and Strong Petson is Person in whose  presence  evil Persons refrain from doing evil on their own"

These lines are based on Vibhuti Yoga of Gita.

Whenever I have a problem which I cannot over come, I write about my problems to few unknown Glorious and Strong Persons with minimum details of my problem. 

If my wishes have merits, and if it is possible for those Glorious and Strong Persons to help me, I usually find my problems solved on their own. 

I see nothing happening when either my wishes have no merit or when my wishes are beyond strength of those Glorious and Strong Persons  - Haresh Raichura 29/9/2016

LR-16 A Magic Door in Criminal Law through which an Innocent person can walk out free.

This is a recent true story. Hence names not given.

An Indian joined service in a foreign company as executive. The company was raided for violation of laws in that country.

This Indian was arrested along with 4 Directors of Company.

The Indian had not done anything. But he was made liable under  provisions of vicarious criminal law, liability for acts of others.

The family of Indian approached me for advice.

English was not the Court  language in that country. They somehow showed me a copy of FIR translated in English from local language  and  some emails.

It appeared that case was going in such a way that whole liability can be fixed on Indian and other local directors of the Company can walk out free.

It was not possible for family to hire their own lawyer in that countey. Nor it was possible for them to get me translation of chargesheet and other Court papers. They were helpless.

I first explained to them fully about criminal law of vicarious liability. Then I said, in all over world, at the end of trial, the  Judge asks question to accused if he has anything to say.

I advised them that at this time,  the Indian should handover copies of his two previous emails to the judge and should tell the whole truth to judge.

Indian followed my advice.At end of trial, he gave two emails to the judge and told him truth.

The Judge became curious. He asked several questions to Indian to test his version.

When the judgement came, the four directors were convicted. But the Indian was set free. He returned to India. He will never again go to any country for service.

This magic provision of law in India is called Sec 313 of Cr.PC.

Earlier Indian law was such that accused can say anything. Nothing said by him in 313 was to be used against him because these statements are not on Oath. This provision was made to encourage every innocent accused to speak truth freely.

Now this law is different. Now if accused makes some erroneous statement, he can be convicted on basis of his  313 statement. This made this section useless. Now accused's Lawyers dictate guarded replies to 313 Statement on behalf accused.

A provision for benifit of innocent has lost it's spirit and  meaningful use in India. This is, of course,  as per my understanding. - Haresh Raichura 28/9/16

S-10 Recently, CJI publicly disapproved the manner in which some Senior Advocates are addressing the Apex Court.

Recently, CJI publicly disapproved the manner in which some Senior Advocates are addressing the Apex Court.

I wish to write here on 1) Level of voice 2) Quality of Argument and 3) Methods of Ace Lawyers as read in Readers Digest.

Level of Voice

1) 26 years ago, I was practising in High Court. I had came to argue my first case in Supreme Court. It was Court No. 6. Judges were Justice (as he was then) M.N. Venkatchalliah and Justice P.B. Sawant.

In middle of arguments, Justice P.B. Sawant asked me to lower down my voice because my voice was so loud that it was being heard from Delhi to Ahmedabad. He said with light humour.

I realised my mistake. In high courts, when we argue, we are also possessed by emotions aroused from facts. Our voices have high pitches.

In Apex Court, manner of addressing court is in much polite and in a detached way. Here you are not supposed to argue in loud voice. This has been convention here since many decades.

2) Quality of Arguments.

In above case, Judges said, you have lost in all 3 Courts. There is nothing in your case. Why you have come.

I said, my client wanted to show to Your Lordships a photograph which he has since 1945.

Judges said, how can we see photographs in Supreme Court? What is there in photgaph?

I held out photograph in my hand and said, "In photograph, a British Officer is sitting on horse. My client is standing before him. Officer is saying that this quarter is now yours. Since then my client is in possession of this quarter. And yet, all Courts have wrongly held that my client is a trespasser!

My Argument was over.

It touched conscience of the Court. Justice M.N.Venkatchalliah said, "Now we will have to hear this case. Otherwise your client will say that British Judges were better than us".

Then the case was explored by Court for two hours.

The point I wish to make is this: In Apex Court, you are not supposed to argue facts and niceties of laws. You have to address their lordship's conscience of justice. This is a subtle art.

3) Method of Ace Lawyers which I read many years ago in an issue of Readers' Digest.

The method is : If you have no case, abuse the Counsel of other side. And if you are losing your case abuse the Judge.

I have seen many Ace Lawyers using these dubious methods.
I too disapprove these methods.

Haresh Raichura
27/9/16

S-9 On greeting younger lawyers and addressing them as "Sir".

One does not become small by calling someone as 'Sir.'

I learned this from a retired HC Justice, who always calls me "Sir",  though he is much much  senior to me.

At first I felt embrassed. But then I began to call some younger lawyers, as "Sir". I immediately felt good as if my Ego inside was melting down.

I feel good whenever I say "Sir, Sir"  to a lawyer younger than me.

Narsinh Mehta too said this in a poem that Vaishnavjan is one who "Sakal Jagatma Sahune Vande"😃

Haresh Raichura
27/9/2016

S-8 About emotional jolts we give to clients while discussing weak points of their cases

I have lost many many cases and many many clients by not caring about the emotional jolts I was giving to them while discussing weak points of their cases. On the other hands, I have seen professional humbleness in doctors when they discuss disease with their patients. In many Senior Advocates also I have seen this professional humbleness. In conferences, you suddenly feel at home with them. They first set emotional rapport before beginning discussions of case. I think I could have done better had someone told me early about these emotional transfers which are taking place when we discuss weak points of a case with a client. My senior Vasant J. Desai once said that it is our duty to give hopes to clients. They come to us with hopes and for hopes. Even if a case is hopeless, it is not necessary to say so bluntly. They come to us with hopes that we will try our best to get justice for them. Their emotions need to be taken care of also.
Haresh Raichura 27/9/16

S-7 A short autobiography of a first generation lawyer :

Friends, I am a first generation Advocate. Started in District Court and reached Supreme Court. I did not have money to buy a black coat.

An advocate friend sold his coat to me on loan of Rs.500/-. I struggled very hard.

From District Court at Junagadh, I shifted to High Court at Ahmedabad. From there in 1990, I shifted to Supreme Court.

Here in 1992, I passed Advocate on Record Exam in Supreme Court.

Today I have a chamber in Supreme Court. My son has now joined me as Advocate. I have lived a life of struggle which all first generation lawyers have to pass through.

This is my brief autobiography. I have written this today at request of a first generation lawyer practising in Pune -

Haresh Raichura /26/9/2016

LR-14 A Supreme Court Rule about which Superintendents of all Jails should be made aware.

In Supreme Court there is a Rule that before hearing an appeal by a convicted, a surrender certificate by a jailor must be filed. The certificate need to be properly stamped with seal of jail, it must contain details of case number and offenses for which convict is undergoing sentence, and how much sentence he has undergone.

Poor convicts often complain that they are not being given such certificate easily. They have to engage a lawyer even for applying such certificate. Since no statutory form of certificate is seen, the certificates differ from jail to jail. Often certificates are issued in vernacular language. This creates another problem of translating it.

It will help poor convicts very much if Prision Authorities issue proper guidelines to Jail Superintendents for purpose of such certificate.
Haresh Raichura 26/9/16

LR- 13 Validity of Custom Law & Service Law Regarding Pre-deosits on Penalty Appeals.

In Custom Law and in Service Tax Law, when assessment under certain provisions are made, two appealable orders are passed by Authorities :

A) Main order, under which a person is held liable for Custom duty or Service Tax.

B) Then on basis of amount determined under A) a further penalty is imposed.

Provisions are made that if any appeals are made against order A) or order B), certain amount is required to be pre deposited as pre condition of hearing appeals.

What is perhaps missed by Law makers is, order B is wholly dependant on order A. If order A goes in appeal, the order B of penalty has to be set aside also.

It means that when a person has filed appeal against main order, and has pre deposited required amount, he should not be further asked to pay pre deposit against order B also.

Right now, the courts have probably not accepted these arguments and predepisits are insisted upon on orders of Penalty B also.

The Law here is debatable.

Haresh Raichura
25/9/16

LR-12 Remaking image of Judiciary, Senior Advocates, and Advocates

Looking at past does not help. Fixing blames does not help. But accepting current realities help.

I see two enemies of Images of Judiciary and Legal Profession.

1) Journalists who have access to proceedings in  Supreme Court and High Courts. They have mastery in journalism and Law both. Their aim is to produce a sensationaling headline to desk editors.

This they can do by quoting statements of judges out of context and sensalising such statements.

Overall effect of such sensationalisation is to produce Negative image of Judiciary. For press, it is only Negativity that sells. So they are rewarded for projecting negative image of Judiciary and Legal Profession. They do not miss even one chance to do it.

Ultimately, "Shared Perceptions become reality". So negative projections when shared by many becomes reality.

2) Biased crusaders on Social Media.

The social media has digital powers to magnify and multiply an image by a thousand times.

There are social media activists who have formed concrete bias against Judiciary and Legal Profession. They pick up every bit of negative news about Judiciary from around and they multiply it by thousands times. They contribute in sensational headlines created by Journalists who have access to proceedings in Supreme Court and High Courts.

3) Together they are inflicting heavy damages to images of Judiciary which in the end, harms every lawyer in his work also.

4) With social media, new concept of Social Engineering has come. It is a science of manipulating and destroying public image of any person or Institution. They have systematic tools... Like Journalists and Social Media activists.

5) The way to combat image breakers is to use same tools in a turn around way. Thus the two enemies can become two friends. This is what is written in Art of War. "Slay the enemy by using his own weapons"

S-6 Try to form habit of asking two questions

Try to form a habit of asking two questions:

"Can it be done?
Can we do it?".

I found great value in these questions.

Whenever we get any good idea to do something, we should ask ourselves these questions, Can it be done? Can we do it? These questions immediately lead is to practical side of our idea.

Haresh Raichura 24/9/2016

Issue of Sewerage water mixing up in drinking water - as told by an engineer

Next week he is under going a heart surgery, and today he called me about issue of how sewerage water is mixed in drinking water pipeline, which we then clean through RO and drink.

He is engineer. He has studied water supplies issues.

He thinks something can be done through Courts to prevent mixing of dirty water.

This is his unfinished business. In last July, he lost his wife. Next week he is undergoing heart surgery. And he is worried about water supplies in public system!

Today morning at 7:00am, he called me up to apprise me about this issue... !

I bow to public spirit of this engineer.

On my side I have resigned to the fact that God has not given us enough resources and mandate to try to correct every wrong thing we see.

More and more, I now leave things to wishes of God.

Haresh Raichura 24/9/16

CA3 - Power of Courts to remove malpractices in elections held by private bodies, socieries, associations, fedarations.

CA-3 Do you know that Courts have power to straighten out election malpractices going on in any Society or Association or Federation or Council,  even if they may be calling themselves private?

A million institutes and associations, like chambers of commerce, welfare associations, community associations, Bar Associations etc are conducting elections to elect their Presidents, Secretary etc.

Often malpractices are seen in memberships, voting rights, vote counting procedures, preparation of voter lists,last minute inclusion of bogus voters etc.

Do courts have power to inquire and straighten out things if such a body says that it is "private body" and Courts have no power to interfere in their voter lists, voter criteria or the way they are holding election in closed door manner?

The issue was hotly debated in Supreme Court in a case where Elections were conducted in Supreme Court Bar Association in not a proper way.

Ultimately, a Bench headed by Justice J.M.Panchal held that The Courts have jurisdiction and then passed time bound orders to straighten out criteria for voter lists and to weed out bogus voters.
This is a model judgement. If you are member of any association, society, federation and you suspect malpractices, you can go to Courts. You can issue notice in Newspaper so that other similarly interested people can join you in filing a representative suit in lower court or a PIL in High Court.
- Haresh Raichura -23/9/2016

Tale of Two Lawyer Brothers and a Prayer to God

Younger brother practised as Advocate in Supreme Court. Elder brother practised in Ahmedabad.

One day Elder Brother sold away ancestral property in Ahmedabad without giving due share to Younger Brother who lived in New Delhi.

Younger brother intiated civil, criminal and revenue cases to seek his share.  But legal remedies usually take many years.

He asked me if I know any "Strong Person" who can reslove their disputes amicably.

I advised him to seek help of God. It is said in GITA that "All Glorious and Strong Persons are Parts of Me. Whoever shall express his wishes before Glorious and Strong 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".

I said that I can only help by writing his story in social media. If some Glorious and Strong Persons may read it, the God may help him in solving his disputes amicably.

He agreed to my suggestion. So I have posted this story in hope that God may help him.

Haresh Raichura 22/9/16

S-5 To few lawyers who come to Court on bicycles.

I did not use bicycle to go to court. I used to walk to court when I began in 1982.

I remember two lawyers who used to come to Court on bicycles.

One was a Tis Hazari Court advocate. He used to go to court on bicycle. Later, his son became Chief Justice of India namely Late Chief Justice Y. K. Sabharwal.

I know another lawyer who used to come to Court on bicycle. He used to park his bicycle in a corner of Supreme Court. Later he became a top criminal lawyer of India. His name is Sushil Kumar.

Today, I see a bicycle stand in Supreme Court, but I do not see any bicycle in it.
Haresh Raichura 16/9/16

SP-2 Yogi and Yogesgwar

SP-2 A Yogi and his Yogeshwar are made of one substance and not two. Few Yogi know this. When his Yogeshwar desires so, this truth is revealed to the Yogi.

Haresh Raichura
15/9/16

LR-10 Police Reforms needed in Mystetious Suicide Investigations

LR -10 Perhaps some police reforms are needed in Mysterious Suicides of Girls often seen taking place regularly  in smaller towns and villages of India.

If you will analyse news stories of such suicides you may find that

1) The girl was suspected to have illicit relations with few rich peoples. It means that after registering such suicide in accident register, the police gets power "to inquire several rich suspects" in connections with Mysterious suicide.

2) You may also see that in most such cases, parents of girl are either poor or too weak to complain.

3) You may also find that after a month or so, after inquiring with rich suspects, the police closes  case without registering FIR and without report to Courts.

4) You may also see that after few months, such Suicides keep repeating.

These Suicides are unusual.

The police reforms can be made either by State Govts, or by High Courts or by Supreme Court.

But unfortunately, there is usually no factual data available to Courts and the parents are too weak to complain.

The mysterious Suicides will continue to remain Mysterious till some law reforms happen in India.

Haresh Raichura
14/9/2016

S-4 A poem that changes our attitudes and conduct to the world

S-4  During my short Vipasana break, I spent time on memorising  poem "Vaishnav Jan To Tene Re Kahie", by poet Narsinh Mehta.

I  also heard his other poems available on YouTube. In Narsinh Mehta, I found a great philosopher and a great human being.

Recently a group of German Scholar had come to India to make Research on poems of Narsinh Mehta.

His poems are full of psychological and philosophical gems. Unfortunately, no English translations of his poems are seen by me.

If there is no such translation available, it is a lose to the world.

There is one reason why Gandhiji used to daily publicly recite this poem "Vaishnav Jan to Tene Re Kahie".

The reason which seems to me is, if we understand meaning of each stanzas of this poem, it changes our Attitude to the World instantly.

It improves us from our core of soul. We do not have to make any efforts to change ourselves. The words of poem changes us automatically by their neuro linguistic powers.

Haresh Raichura 14/9/2016

Should there be Long Paroles for seriously infirm and sick people?

A man, whose lungs are functioning at 40℅ capacity due to some disease, and who is in jail since 17 years, sent me an email today. He says 17 years ago he had hot words exchange with his wife. After two days wife burnt herself with kerosene at night. His in laws were powerful. They influenced Dying Declaration recording officers to record that husband burnt her, though she was saying that she had committed suicide. Trial Court, High Court and Supreme Court confirmed LIFE Imprisonment on basis of Dying Declaration. It appears that he is not entitled to remission of sentence after 14 years because Govt may have some policy of not granting remission in bride-burning cases. And now SC has laid down law that Life imprisionment means life imprisionment for whole life. So I am not sure what way and under which law such people, who are seriously sick, can be released on long paroles. Perhaps some laws needs some clarifications. - Haresh Raichura 10/9/2016

LR-8 How love of grand children prevents grand parents to take legal actions against sons.

One son went outstation for two days. Other sons came to his house in his absence, physically lifted father, put him in a taxi, beat him up in taxi, taxi brought to a Court. Father was asked to sign property transfer papers before notary Advocate. After he signed, names were transferred in Registry office, and then they put father back in house.

When outgoing son returned home, he learned tragic tale from father.

Legal options were explored. Lawyers were consulted. Police complaints can be filed against other sons. Civil suit can be filed to cancel property transfer deeds.

The weather remained heated for a week but then nothing was done.

Father was not willing to initiate any legal actions against his erring sons.

Because he loved grand children. And after all, they were his sons! Would a father try to send his erting sons in jail?

And so the sad story ended. Simple laws not enough to protect old parents. May be, extra clause can be added that where transferee of property is above age of 60, the registrar should record his satisfaction about transaction. May be he should have power to defer registration where his doubts are not cleared. Some safe guards can be made.
Haresh Raichura 10/9/2016

SP-1 Definition of Yogi

A Yogi is one who combines his thoughts. Everyday he devotes some hours for combining his thoughts.

These  combination of thoughts can be a Mantra or can be message to the Universal Mind.

Haresh Raichura
9/9/2016

S-2 A man sought advice on Facebook, Should he join legal profession? Why so many senior lawyers said, No?

S-2 A man sought advice on Facebook ; "Should he give up a salaried job in order to join legal profession?" Most comments below his posts read "Don't come".  The question is why so many lawyers advised him not to join legal profession? What has happened? The legal profession is considered Highest Paid Profession in the World. In India, there are Lawyers who charge Rs.1 Crore for one day appearance in court. There are many lawyers who earn about Rs.50,00,000/- per week. There are many lawyers who charge Rs.55,000/- for 30 minutes conference. And there are also many many breifless lawyers. There are large number of  lawyers who live in a rented one room kitchen set and have difficulties in paying monthly rents. Why so many senior lawyers advised this man to not to leave salaried job and not to join legal profession? Somewhere something is missing. .....
Haresh Raichura 8/9/16

LR-6 New trend among celebrities is to first directly approach Supreme Court

LR-6 New trend among celebrities is to first directly approach Supreme Court even if the matter may be in domain of High Court at first instance.

By directly approaching Supreme Court 1) They get publicity as soon case is filed 2) They get publicity even if case is dismissed by Supreme Court 3) They get publicity even if Supreme Court says that they should first approach High Court.

Thus this is trend is driven by triple publicity gains
Haresh Raichura 8/9/2016

S-1 Attitude of Sincerity to work and how it rewards.

A couple of months ago a Mr.R came to brief me in connection with a legal case.

This was his last week before retirement. He had however studied his papers meticulously and he briefed me well.

After legal draft was prepared, he read and revised the draft for about three times. It looked unusual. I did not expeced him to be so meticulously when he was on verge of retirement. Then I noticed that he had actually  developed a life time Attitude of being sincere in whatever task assigned to him whether it was a small task or big.

It also appeared that he had habit of reading and revising a memorandum or draft three times before giving it a final touch.

No doubt, he was promoted in his career because of sincerity. I wished him well on his retirement.

Then yesterday night I received an SMS from him informing me that he has got a post retirement job in a bigger nationally famous institute. 

This reminded me a quote attributed to Henry Ford :- "A person who has learned his job well has hardly any spare time."....Haresh Raichura 8/9/2016

LR- 5 How to protect parents living 1000 miles away?

LR-5 How to protect old parents who are being beaten up by their son and who are living 1000 miles away from us?

Somedays ago I received an email from a person I knew on social media.

He was once a strong and rich man. Now he and his wife had became very old and they were in control of son and daughter in law.

They were often beaten up and caged in a room. Since he had access to social media, he emailed me to ask if there is anything legally he can do against his son and daughter in law.

I thought it over and then replied him that I see no way legal help can come to him. My reasons were: 

1) There are laws to protect old parents. But someone has to go to the court and has to make application to Judge. Here, the man was very old. No money to go to Lawyer. Perhaps not even freedom to come out from house.

2) Suppose, I forward his letter to his nearby High Court CJ or a  District Court Judge or to a District Magistrate then? Then perhaps some policeman will knock at his door and will take his statement, will take statement of Son..  something may happen. They may feel safe and protected temporarily... But after one month...., authorities will forget him..... Now they will be once  again at mercy of their son and daughter in law..... This time the son will not only cage them in a room but he will also take away mobile phone from him to ensure that he cannot send any email and cannot contact anyone on social media for help. The parents will be now in a worse position.

3) I saw no way to help them. I suggested them to seek help of some relatives or neighbours. But I had no hopes.

Even neighbours and relatives may not be inclined to incur animosity with strong headed son.

This is a common story. When parents have property in their name, when they get very old, they face such tragedies.

There has to be some helpline number to which even a neighbour can inform authorities anonymously.

Merely passing laws for old age people is not enough. Some helpline need to be set up.
Haresh Raichura-7/9/2016

LR-4 Property Law in #India, Sales on basis of forged signatures on release deed or sale deed.

LR-4 Property Law in #India: Suppose you have property in native place and someone sells it by forging you signature on some release or sale documents, do you know how many years it will take you to get justice?

It will take many years because

(1) Police is not clearly instructed on how to investigate a false signature complaint

(2) It takes more years to a Civil Court to decide whether the signature on sale document or release document was genuine or forged

(3) Case gets even more complicated when on basis of forged signature document, even revenue authorities have made change entries in land records. It requires a separate round of litigation to get these revenue entries cancelled. You may have to run pillor to post for years to get justice.

Then one day you will get tired. You will be willing to sit down for settlement for whatever you can get from wrong doers.

A burning sensation will remain in your heart throughout your life that you were wrongly deprived of your property and you could not get justice from court.

The wrong doers will enjoy our legal system and will proceed to pouch on someone else's property by similar "forged signature".

It is a clear case of perjury to file a forged document in court. That was what I was taught in law schools. But in last 34 years I have yet not seen any case where a person is punished for filing a forged document in court.
-Haresh Raichura 6/9/2106

What is meaning of life, when you may feel a balanced life?

What is meaning of life?

A psychologist named Alfred Adler answered this question in three ways:

1) You have to first connect with the Earth where you are born. You must learn to earn and survive.

2) You must connect well with people around you, your family, your spouse, your children, relatives friends etc.

3) You have to connect well with your self image, your self worth, your self esteem etc.

4)  The Psychologist said that the disturbance or not being settled in any of these three area, unstables  a man or woman and leads him/her  to psychological problems like lack of sleep, anxiety, Paranoia etc.

5) He said try to search for balance in these three areas and a person will see a fulfilled meaning in life. Haresh Raichura 5/4/2016

Know how some car finance companies invoke police powers to settle civil dues

LR-3 After Supreme Court judgement that car companies cannot forcibly take away a car, some Car Finance companies have found a new way 1) File a false FIR with wrong address 2) Then Police obtains a non bailable warrant from Court informing that accused is not found at address 3) Thereafter, the victim is at mercy of police officer and the Car Finance Company. Perhaps some more law reforms needed here.
Haresh Raichura 3/9/2016

LR-2 Hindu Marriage Laws? Is something wrong about these laws?

LR-2 Marriage Laws: Few decades ago, Hindu Marriage disputes used to be solved by 5 Wise Men (Panchayat) of the caste. They had authority of judges. They used to solve disputes in one or two sitting and if divorces were granted, the spouses used to start living new life within months. The social relations used to remain by and large stable. Then the laws came. The lawyers were benifited but Panchayats were ruined. Now no one obeyed them. Parties choose paths leading to Courts and to chambers of Divorce Lawyers. To make matter worse, the disputes were given colour of criminal law. The parties drag on. Families drag on. Cases drag on. Everyone has forgotten that system of "5 Wise Men of Caste,". At that time customary divorces by mutual consent were signed in one day. Now even for mutual consent Divorce, parties have to drag on in Courts for months and that too with uncertainty of U Turn at last day. I just wonder what were objects of such laws. Why these laws are operating a way that institution of Hindu Marriage itself is under threat of extinction? Do you think that something is wrong in the Hindu Marriage Laws? Is there scope of improvement? Can we do anything to make life easier for newly married people? Why some Divorce cases drag on till parties have crossed age of 60years? I think something is wrong in our laws.
Haresh Raichur 2/9/2016

CA-2 What can be done if someone steals your idea and begins to make money?

1) Suppose I have a commercial idea to make an App by which I can make money.

2) To seek investment or partnership, I discuss my idea to a friend. Friend refuses to become my partner in this venture.

3) He steals my idea. Starts his own company, makes an App suggested on my lines and begins to make money.

4) I feel cheated. I feel oinch. I want to take legal action.

5) The question is which laws are involved here?

I think following laws are involved.

A) Copyright Law. Whenever I create some original work capable of commercial value, my copyright in that work is generated automatically, even if I may not have registered my copyright on it. The laws here are also called intellectual property rights.

B) Evidence Act. I need to prove what I say in court of law as per provision of Evidence Act.

C) Contract Act. If you have done something of commercial value, and if it was not your intention to do it free ( Gratuitously), then you are entitled to be compensated for what you may have done.

D) Law of Tort: If I had shared something in confidence to someone, and if there was an implied duty on him of not to leak and not to take advantage of what I told him in confidence, I may be entitled to claim damages if I can prove breach of duty.

E) The Basic Laws are two 1) No one has right to put you in any kind of damage unless authorised by law to do so. 2) Courts are usually inclined to remove injustice unless they are prevented by lack of Evidence or by express bar of some provision of law.

(C)Haresh Raichur
2/9/2016