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