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

LR-15 Breakdown of two standards of Senior Advocates which ultimately badly affected Advocate on Record system

In 1991, I was not Advocate on Record in Supreme Court. I had to file case through some Advocate on Record.

In one case, I had to engage Senior Advocate S K Dholakia. I approached him and asked him if he would take case. The first question he asked me was "Where is your Advocate on Record"?

I gave name of Advocate on Record through whom I had filed case and said that he may be busy in some Court.

Senior Advocate gave me time for conference and insisted that I must bring Advocate on Record in conference.

Next day, I went to conference of Senior Advocate, but without my Advocate on Record.

Before beginning conference, he asked, Where is your Advocate on Record? I again gave some false excuse. I had paid Advocate on Record only Rs.500/- for signing. For this small amount I cannot motivate him to come to conference of Senior Advocate.

Senior Advocate made no issue. But after conference was over he said sternly that tomorrow in Court, the Advocate on Record must be present in Court, otherwise he will not appear in case.

This was warning.

Next day I made Advocate on Record present in Court. Then and then only Senior Advocate argued case.

Thereafter, I saw almost no senior advocate asking for Advocate on Record if the payment of Fee was already secured by some other Advocate.

Gradually, over years, I saw continuous decline in institute of Advocates on Record in Supreme Court.

Many CJI, over years, tried to improve system but improvements were short lived. I think unless Senior Advocates insists on presence of Advocate on Record in conferences and Court rooms, the system of AOR is failing. Haresh Raichura 8/10/16

Marriage Anmiversary Gift from Supreme Court, A divine coincidence !

Today I completed 24 Years As Advocate on Record in Supreme Court. On 8th Oct 1992, the Chamber Judge, justice Ratanvel Pandian signed an order directing my enrolment as an Advocate on Record of Supreme Court. There were three other Advocates like me  The Judge wished all of us a best careers, The Judge had no idea that 8th Oct was also my Marriage Anniversary Day. As per design of God, this privilege came to me as marriage anniversary gift from Supreme Court. - Haresh Raichura 8/10/16

S-13 Always remember these famous words whenever you feel depressed about #Judiciary .These words have power to change your views

Always remember these famous words whenever you feel depressed about #Judiciary .These words have power to change your views.

If you think that Judiciary is corrupt, you are right. If you think Judiciary is honest, then also you are right.

If you think that the world is unfair to you, you are right. If you think that the world is fair to you, then also you are right.

If you think that Courts are slow, you are right. If you think that Courts are not slow, then also you are right.

The key is "Brain's ability to find out facts as per your instructions". This is also defined as "Selective Attention Power". In a whole crowded room, when everything is noise, if in some corner of room, someone speaks your name, your brain will catch it up instantly.

Whatever you think, is justified by your brain by giving you necessary  data to support your thinking.

You have power to choose your thinking. From Henry Ford till todays' discovery in neuroscience, the power brain to notice facts selectively  has been  confirmed.

If you will think that this post is correct, you are right and you will find evidence to support you. And if you think that this post is incorrect, you are right and you brain will point out to you why this post is incorrect.

Whatever way you think, you are right.

Haresh Raichura 1/10/2016

S-11 On going to court with a case in hand

To go to a court with a case in hand, is like going to a college. You have learned something new when you return from the court and you have met some new classmates.

Haresh Raichura
1/10/16

LR- 19 Killing of Public Gardens, Lakes and Town Halls - even SC Judgements could not protect them

Public Gardens, Lakes in towns and Town Halls for public gatherings are under control of Municipal Authorities.

In every Municipality, there are always some greedy counsellors, who want to handover some prime lands to some builders for developments of commercial complexes.

I saw Killing of a punlic garden in my town, in following way.

First water supply to Garden was discontinued. Then gardners were discharged.

In few months garden became a junk of fallen leaves from trees. People deserted garden and stopped coming there.

Then one day, Municipality, silently passed a resolution to hand over garden to a builder for commercial develipment.

This might have also happened in thousands of small towns,  snall cities and small villages.

Similarly, Lakes and Town Halls were killed and lands were given to builders to develop housing societies.

There were some PIL judgements of Supreme Court saying that this can't be done.

But this did not prevent any Municipality or any builder. .

And the ordinary people really did not know that they had rights and they could have prevented such conversation of public land by filing a Representative Suit by any four persons in nearby Court.

When there are laws, but no education to people about their rights, laws can do little good
Haresh Raichura 1/10/16